(A) Application submission. All persons requesting a tower use permit (TUP), regardless of wireless communication facility type, shall submit an application in accordance with the requirements of this section.
(1) Application contents. Each applicant requesting a TUP under this subchapter shall submit a sealed complete set of drawings prepared by a licensed architect or structural engineer that will include a site plan, elevation view and other supporting drawings, calculations and other documentation showing the location and dimensions of the wireless communications facility and all improvements associated therewith, including information concerning specifications, antenna locations, equipment facility and shelters, landscaping, parking, access, fencing and, if relevant as determined by staff, topography, adjacent uses and existing vegetation. Applicants proposing to collocate on an existing wireless communication facility shall include a radio frequency intermodulation study with their application.
(2) Submission requirements. Application for a TUP shall be submitted to the Director of Community Development or his or her designee on forms prescribed by the city. The application shall be accompanied by a site plan containing the information described above and a copy of the appropriate FCC license. If Planning and Zoning Commission or district commission review is required, the application and site plan shall be placed on the next available Commission agenda in accordance with the agenda deadlines established by the Commission.
(3) Application fees. A plan review fee and a radio frequency intermodulation study review fee (collocation applicants only) shall accompany each application (see Fee Schedule in Appendix A). These fees may be used by the city to engage an engineer(s) or other qualified consultant(s) to review the technical aspects of the application and radio frequency intermodulation study (if required).
(4) Technical assistance. In the course of its consideration of an application, the city, the Director of Community Development or his or her designee, the Planning and Zoning Commission or the City Council may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless communication facilities to assist the city in the technical aspects of the application. In these cases, any additional reasonable costs incurred by the city not to exceed $1,500 for the technical review and recommendation shall be reimbursed by the applicant prior to the final hearing on the TUP.
(B) Administrative review. The following administrative review process shall apply to all wireless communications facility applications eligible for administrative review.
(1) Review authority. Review of wireless communication facilities under this division shall be conducted by the Director of Community Development or his or her designee upon filing a wireless communication facility application.
(2) Review criteria. Each application shall be reviewed for compliance with the development criteria specified in § 152.093.
(3) Timing of decision. The Director of Community Development or his or her designee shall render a decision on the wireless communication facility application by written response to the applicant within 30 business days after receipt of the complete application, except that an extension may be agreed upon by the applicant. Any application that is not reviewed within 30 business days shall be submitted to the Planning and Zoning Commission for review.
(4) Deferral. The Director of Community Development or his or her designee may defer administrative approval of wireless communication facilities for any reason. Deferral of administrative approval shall require submission to the Planning and Zoning Commission for review.
(5) Application denial. If administrative approval is not obtained or is denied due to noncompliance with the development criteria, the applicant may appeal the denial by applying for Planning and Zoning Commission review.
(6) Application approval. If the TUP application is in compliance with the development criteria and otherwise meets the requirements of this section, the Director of Community Development or his or her designee shall issue a tower use permit.
(C) Planning and Zoning Commission review. The following shall apply to all tower use permit applications requiring submission to the Planning and Zoning Commission.
(1) Review authority. The Planning and Zoning Commission shall be the review authority for TUP applications not eligible for administrative review or otherwise referred to the Commission.
(2) Notice. Notice of the application and the public hearing by the Planning and Zoning Commission shall be accomplished in the same manner as a rezoning request under the DO.
(3) Hearing. The Planning and Zoning Commission shall review and consider the TUP application at a public hearing. At the hearing, interested persons may appear and offer information in support or opposition to the proposed application. The Planning and Zoning Commission shall consider the following in reaching a decision.
(a) Development criteria. The tower use permit application shall be reviewed for compliance with the development criteria set forth in § 152.093; provided that the applicable development criteria may be amended or waived so long as the approval of the wireless communication facility meets the goals and purposes of the subchapter. The Planning and Zoning Commission may recommend an alternative development criteria by specific inclusion in a motion for approval.
(b) Tower siting conditions. The Planning and Zoning Commission may impose conditions and restrictions on the application or on the premises benefited by the TUP as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the wireless communication facility with the surrounding property, in accordance with the purposes and intent of this subchapter. The violation of any condition shall be grounds for revocation of the TUP. The Planning and Zoning Commission may recommend the conditions in addition to the development criteria upon the following findings:
1. The wireless communication facility would result in significant adverse visual impact on nearby residences;
2. The conditions are based upon the purpose and goals of this subchapter; and
3. The conditions are reasonable and capable of being accomplished.
(c) Action. Following the public hearing and presentation of evidence, the Planning and Zoning Commission shall take one of the following actions:
1. Approve the application as submitted;
2. Approve the application with conditions or modifications;
3. Defer the application for additional information or neighborhood input; or
4. Deny the application in writing.
(4) Findings. All decisions rendered by the Planning and Zoning Commission concerning a tower use permit shall be supported by written findings of fact and conclusions of law based upon substantial evidence of record.
(5) Timing of decision. The Planning and Zoning Commission shall render its decision within 75 days or less of the final submission of all required application documents and technical review; however, this time may be increased due to deferrals by either the applicant or the Planning and Zoning Commission.
(6) Appeals. The decision of the Planning and Zoning Commission may be appealed to the City Council under the following circumstances.
(a) An appeal shall be filed with the Community Development Department no later than 30 days after the final action by the Planning and Zoning Commission. Only the applicant, those who registered an objection to the TUP in the record of the Planning and Zoning Commission, or a property owner who owns property within 300 feet of the lot described in the TUP, shall have standing to appeal.
(b) Only that evidence or testimony in support of or opposition to the issuance of the TUP which was provided to the Planning and Zoning Commission may be presented to the City Council, unless the City Council, by majority vote, decides to hear new information.
(c) Notice of appeal shall be accomplished by filing a notice of appeal specifying the grounds thereof in the office of the Director of Community Development. The Director of Community Development or his or her designee shall then transmit to the City Council all the papers constituting the record upon which the action appealed from was taken.
(Ord. 10-3277, § 1-6.6, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)