(A) General provisions.
(1) Administrative Review Team (ART).
(a) The purpose of the Administrative Review Team is to provide for review and approval authority for certain wireless communications facilities. The Administrative Review Team is responsible for the comprehensive review of each application submitted in accordance with §§ 99.01 through 99.11, and making recommendations to the Planning and Zoning Commission, Architectural Review Board, or Board of Zoning Appeals where required.
(b) The Administrative Review Team shall consist of the Director (Chair), City Engineer, Fire Chief, Economic Development Manager, Parks and Open Space Director, Police Chief, and Chief Building Official, or their representatives, and any other members appointed by the City Manager as deemed necessary, either as permanent or temporary members.
(2) An application for administrative review shall be made in accordance with the requirements of § 99.05(C)(l) and (C)(2).
(3) Public reviews. Where public reviews are required by §§ 99.01 through 99.11, a written notice of the public meeting shall be sent to the applicant, property owner, and owners of parcels of land within 300 feet of the subject parcel(s), as listed on the County Auditor's current tax list, not less than ten days prior to the meeting. The notice shall, at a minimum, indicate the property that is the subject of the request, describe the nature of the request, the time, date, and location of the meeting at which the application will be considered, and indicate when and where written comments will be received concerning the request.
(4) Time extensions.
(b) If the applicant submits a revised application during any required review period, and the Director determines that the revised application differs substantially from the previous application, a new review period shall begin and additional meetings of the required reviewing body may be scheduled if deemed necessary by the Director.
(5) Duration of approvals. Approvals of requests for administrative review made in accordance with §§ 99.01 through 99.11 shall be valid for a period of one year. If an initial building permit for the approved facility has not been issued within that one year period, the applicant shall be required to submit a new request for administrative review, as applicable, pursuant to §§ 99.01 through 99.11 before obtaining a building permit.
(6) Resubmission. No application for administrative review which has been denied by the required reviewing body shall be resubmitted for a period of one year from the date of the decision, unless permitted by the Director after a demonstration by the applicant of a change of circumstances from the previous application that may reasonably result in a different decision.
(B) Pre-application review.
(1) Purpose and applicability.
(a) At the option of the applicant, a pre-application review may be scheduled prior to filing a formal application for administrative review. The pre-application review is not part of the formal application review process or the required review period. The purpose of the pre-application review is to provide non-binding feedback to applicants to assist in expediting the administrative review process. Any materials submitted to the city for the purposes of the pre-application review shall become part of the public record.
(b) Pre-application reviews do not result in a development decision or permit, and shall not obligate the city or the applicant to take any action on the proposal.
(2) Pre-application review procedure.
(a) A request for a pre-application review shall be made in accordance with the provisions of this division (B). As an exception to the application requirements listed in § 99.05(C)(1), potential applicants may submit conceptual information based on the amount of information known about the project at the time a request for pre-application review is made. The request shall include, at a minimum, ten copies of the following information:
2. A site plan generally demonstrating the nature of the proposed wireless communications facility and associated site improvements;
3. Conceptual facility elevations; and
4. Any other materials for which the potential applicant would like to receive feedback.
(b) The city shall notify the applicant in writing at least five days prior to the pre-application review.
(c) The Administrative Review Team and other applicable departments shall be promptly notified of the Administrative Review Team pre-application review. Prior to the meeting the Director shall distribute the submitted materials to the Administrative Review Team and other applicable city departments for input and recommendations.
(d) The Administrative Review Team shall review the submitted materials and provide non-binding input and recommendations. The ART shall complete its review of the application not more than 14 days from the date the request was submitted.
(e) A written summary of comments and suggestions made during the pre-application review shall be provided to the applicant not more than ten days after the pre-application review.
(C) Administrative review.
(1) Purpose and applicability.
(b) Administrative review is required for all new wireless facilities, co-locations, and all modifications to existing facilities as required by § 99.05(B). Cable microcell networks and distributed antenna systems that do not require the use of towers shall also be subject to administrative review.
(c) Temporary wireless facilities shall meet all application and approval requirements of § 99.10.
(2) Administrative review considerations. The Administrative Review Team shall render a decision on an application for administrative review based on the following considerations:
2019 S-45
(a) Antennas locating on an existing building or other antenna support structure other than a tower may be approved as a use accessory to any commercial, industrial, professional, office, institutional, or similar structure, provided:
1. The antenna is designed to be as unobtrusive as possible;
2. The antenna does not extend more than 20 feet above the highest point of the main roof deck or supporting structure if the antenna is located on a structure other than a roofed building; and
3. The antenna complies with the applicable provisions of § 99.05.
(b) Co-located antennas on existing or reconstructed towers may be approved provided the color and design of the antenna is consistent with the existing tower and is designed to be as unobtrusive as possible.
(c) Alternative tower structures may be approved in accordance with the following:
2. The objective of administrative review for alternative tower structures is to encourage ingenuity and the use of innovative methods to camouflage these facilities. If the application is denied by the Administrative Review Team following a finding that the proposed facilities have not been reasonably disguised or camouflaged, the applicant may file an application for conditional use review in accordance with § 99.07.
(d) Cable microcell network or distributed antenna systems using multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technologies/mechanisms may be approved provided that the use of towers is not required and all other applicable provisions of §§ 99.01 through 99.11 have been satisfied.
(3) Decisions.
(a) Any application required by §§ 99.01 through 99.11 to be reviewed under the provisions of this section shall be approved, approved with conditions, or denied by the Administrative Review Team based on the applicable review standards as provided in §§ 99.01 through 99.11 not more than 28 days from the receipt of a completed application. The Administrative Review Team shall state the reasons for their decisions in the minutes and provide a written record of the decision to the applicant not more than ten days after a recommendation or decision is made, unless otherwise provided in §§ 99.01 through 99.11.
(b) Prior to reaching a decision, if the Administrative Review Team determines that an application does not meet the applicable review standards as provided in §§ 99.01 through 99.11, but determines that the application could meet those criteria with modifications that could not be reasonably conditioned, the applicant may request that the application be tabled to provide the opportunity to make those modifications. If the request for tabling is granted, a new review period shall begin on the date the applicant submits a complete application with revised materials and shall be subject to the timeframe for rendering a decision as provided in division (C)(3)(a) of this section.
(c) Following the approval of an application for administrative review, the applicant may proceed with the process for obtaining a certificate of zoning plan approval and building permit, consistent with the approval as granted. All construction and development under any building permit shall comply with the approval, as applicable.
(D) Administrative departures.
(1) Purpose and applicability. The intent of this division (D) is to provide an administrative process to allow minor deviations from the strict application of requirements of §§ 99.01 through 99.11 caused by unusual site or development conditions or other similar conditions that require reasonable adjustments, but remain consistent with the intent of §§ 99.01 through 99.11. Examples include, but are not limited to, adjustments to wireless communications facility setbacks, landscaping and screening, or other similar features or elements.
(2) Review procedure.
(a) An application for administrative departure may be submitted with an application for administrative review, or at any time after an application has been submitted and before a decision or recommendation by the Administrative Review Team has been made. If an application for administrative departure is made after an application for administrative review has been filed, the Director may require that the time period for administrative review start over on the day the request for an ddministrative departure is received.
(b) An application for an administrative departure may be processed simultaneously with the application for administrative review to which it relates. The Administrative Review Team shall determine whether each requested administrative departure is approved, approved with conditions, or denied.
(c) Should the Administrative Review Team find that the request does not meet the criteria for an administrative departure, the applicant may file for a variance in accordance with § 153.231 of this Code of Ordinances, or submit a new application for administrative review.
(3) Criteria for administrative departure approval. The Administrative Review Team shall make its decision on an administrative departure based on the following criteria:
(a) The need for the administrative departure is caused by unique site conditions, conditions on surrounding properties, and is not being requested simply to reduce cost or as a matter of general convenience;
(b) The administrative departure does not have the effect of authorizing any wireless communications facility type that is not otherwise permitted in that zoning district;
(c) The administrative departure does not modify any numerical development standard by more than 10% of the requirement; and
(d) The administrative departure, if approved, will ensure that the wireless communications facility is of equal or greater development quality with respect to design, material, and other features than without the administrative departure.
(E) Appeals. The determination rendered by the Administrative Review Team may be appealed to the Board of Zoning Appeals within 20 days of the decision by any person aggrieved by the decision. The Appeal shall be filed with the city, specifying the grounds, in conformance with § 153.231 of this Code of Ordinances.
(1) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director certifies to the Board of Zoning Appeals, after notice of appeal has been filed, that, by reason of the facts stated in the record of determination, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.
(2) In deciding the appeal, the Board of Zoning Appeals shall determine, in conformance with § 153.231(F) of this Code of Ordinances, whether the decision was made using the proper requirements and standards of §§ 99.01 through 99.11. The decision of the Board of Zoning Appeals is limited to the information that was available to the Administrative Review Team for the initial decision, including any materials included as part of the written record of the decision. Additional testimony is not appropriate.
(3) If the Board of Zoning Appeals determines that the Administrative Review Team made an improper decision the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make an order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Administrative Review Team.
(4) The findings of the Board of Zoning Appeals shall be based on and supported by substantial evidence contained in a Board Order, which shall be forwarded to the applicant within ten days following the final determination.
(5) The decision of the Board of Zoning Appeals may be further appealed to City Council within ten days of the Board's decision.
(6) City Council must determine whether to hear the appeal, in its sole discretion by a motion passed by a majority vote, no later than 21 days following the Clerk of City Council's receipt of the written notice of appeal, unless an extended time is agreed upon by the City Manager and the applicant.
(7) City Council shall decide the appeal no later than 28 days following the date of Council's decision to hear the appeal, unless an extended time is otherwise agreed upon by the City Manager and the applicant. In considering the appeal, City Council may consider any evidence and may affirm, reverse, or otherwise modify the decision of the Board of Zoning Appeals or any other part of the application.
(F) Concurrent application review.
(1) Applications for building permits, electrical permits, other applicable permits, and certificates of zoning plan approval associated with the building permit application process may be submitted with the application for administrative review and may be processed and reviewed concurrently with the administrative review application if desired by the applicant.
(2) Review of the building permit applications and zoning approvals described in division (F)(1) of this section shall be subject to the statutory timing requirements that apply to building permit application reviews. Accordingly, the applicant should consider the nature and complexity of the request prior to submitting for concurrent review.
(3) Requests for certificates of zoning plan approval and building permits for wireless facilities cannot be approved for zoning compliance until an affirmative record of determination of the Administrative Review Team and all other zoning approvals are obtained and attached to the appropriate building permit documents.
(Ord. 19-13, passed 3-25-13; Am. Ord. 41-18, passed 6-25-18)