(A) Any person required by this chapter to obtain a Conditional Use Permit (CUP) shall file a verified application with the Planning and Development Department upon a form approved by the Director, together with a non-refundable filing fee established by the City Council. A detailed Site Plan shall be submitted with the CUP application for each telecommunication facility location, and all drawings and specifications shall be prepared and sealed by a registered professional engineer. At a minimum, the application shall contain the following:
(1) Location of the proposed telecommunication facility, including the zoning and land use of adjacent property.
(2) All significant structures within one half mile of the proposed telecommunication facility location. Significant structures include all publicly or privately owned buildings or structures (excluding utility poles), and street or traffic light standards which are over 75 feet in height.
(3) Photo or architectural simulation of the proposed telecommunication facility development site from adjacent properties and rights-of-way.
(4) A detailed landscape/screening plan to include the complete pad site.
(5) Name, address, and telephone number of the person or entity responsible for removal of the telecommunication facility in the event of abandonment.
(6) Copies of application or approval from any applicable regulatory body, including the Federal Aviation Administration or Federal Communications Commission.
(7) Explanation justifying the requested height of the tower/antenna.
(8) If the application is for a new freestanding tower, the applicant shall provide an inventory of its existing towers within the city and the city's extraterritorial jurisdiction, including specific information about the location, height, and design of each such tower and the number of antennas that may be supported by these towers.
(9) If applicable, a statement that, despite a diligent effort, the applicant has been unable to secure permission to co-locate on any structure identified in division (A)(2) of this section.
(10) Such supplemental information which the Director shall deem reasonably necessary in order to determine whether to approve or disapprove a permit authorizing construction of the proposed facility.
(B) Once it has been properly completed, the application shall be accepted for filing and placed on the next available meeting of the Planning and Zoning Commission for review in accordance with its then-current procedures. Any decision by the Commission to recommend denial of a Conditional Use Permit for a telecommunication facility shall be in writing and supported by substantial evidence contained in a written record.
(C) Upon final recommendation from the Planning and Zoning Commission, the application shall be placed on the agenda for the next regularly-scheduled City Council meeting designated for hearing zoning matters. The City Council shall approve or deny the application for the CUP no later than 60 days after the original filing with the Planning and Development Department. If the application is not denied within said 60 day period, then the application shall be deemed to be approved. Any decision by the City Council to deny a Conditional Use Permit for a telecommunication facility shall be in writing and supported by substantial evidence in a written record. The City Secretary shall promptly notify the applicant in writing of the Council decision.
(D) To the extent the procedures set forth in this section are inconsistent with § 155.201, the procedures set forth in this section shall control in connection with all applications made for a permit under this chapter.
(Ord. 2001-14, passed 4-10-01)