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In addition to the wireless telecommunication facility permit, all wireless telecommunications facilities located within a Local or National Historic District or within 100 feet of a Local or National Historic District shall require a conditional use permit as prescribed in this chapter.
(Ord. 757-C.S., passed 10-19-10)
CONDITIONAL USE PERMIT - REQUIREMENTS AND REGULATIONS
(A) Where a wireless telecommunication facility requires a conditional use permit, the conditional use permit shall also act as the wireless telecommunication facility permit otherwise required by this chapter.
(B) An application for a conditional use permit for a wireless telecommunication facility shall include the following:
(1) All application materials otherwise required for a conditional use permit pursuant to the Eureka Municipal Code;
(2) All materials listed as required for a wireless telecommunications facility permit application as prescribed in this chapter;
(3) In an R District, all new wireless telecommunications facilities, not including co-location with an existing permitted facility, factual information and data proving that there is no site outside the R District where the facility can be located to provide the same level of service; and
(4) Application fees as established by Resolution of the City Council.
(C) In addition to the conditional use permit a wireless telecommunication facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as required pursuant to the Eureka Municipal Code.
(Ord. 757-C.S., passed 10-19-10)
(A) Within 60 days of submittal of a complete application for a conditional use permit to locate a wireless telecommunication facility in an R District, or in an HM District within 150 feet of an R District, or in any other district within 100 feet of an R District, the applicant shall host a neighborhood education and informational meeting at which, at a minimum, a summary of the information provided with the conditional use permit application shall be presented and made available to attendees in electronic and/or hard copy.
(B) The education and informational meeting shall be noticed by the applicant in conformance with § 159.023. The notice shall be printed on brightly-colored (preferably fluorescent) heavy stock post cards. Additionally, a sign of a minimum size of two and one half feet tall by three feet wide of a visible color other than yellow advertising the education and informational meeting shall be posted in a conspicuous place on or near the location of the proposed wireless telecommunication facility. The sign shall state the date, time and location of the education and informational meeting, the location of the proposed wireless telecommunication facility, and a contact phone number of the applicant or agent.
(C) The applicant shall prepare and submit to the Community Development Department within 21 days of the education and informational meeting, at a minimum, the following:
(1) A copy of the information presented and made available (in all formats) by the applicant at the meeting;
(2) A summary of the issues and concerns, if any, that were presented either verbally or in writing at the meeting along with proposed mitigation to address them;
(3) A copy of all written correspondence received at the meeting;
(4) Information and/or documentation prepared by the applicant addressing each of the issues and/or concerns, if any, expressed at the meeting; and
(5) A list of names and email addresses of persons requesting to receive notice of the public hearing for the conditional use permit.
(Ord. 757-C.S., passed 10-19-10) Penalty, see § 159.028
(A) All noticing for hearings on a conditional use permit application for a wireless telecommunications facility shall be as otherwise required for a conditional use permit pursuant to the Eureka Municipal Code;
(B) For a proposed wireless telecommunication facility greater than 60 feet in height in an R District, or in an HM District within 150 feet of an R District, or in any other district within 100 feet of an R District, notice shall also be provided to all owners and tenants of real property within 500 feet of the site proposed for the wireless telecommunication facility.
(Ord. 757-C.S., passed 10-19-10)
(A) All wireless telecommunications facilities shall be subject to design review.
(B) No conditional use permit for a wireless telecommunications facility shall be approved until the design review required by this chapter is approved by the Planning Commission.
(Ord. 757-C.S., passed 10-19-10; Am. Ord. 885-C.S., passed 5-21-19)
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