§ 104.14 ACTION ON PERMIT APPLICATIONS.
   (A)   Review of small cell facility applications. Within 90 calendar days of receiving a complete small cell facility application, the city must:
      (1)   Review the application in light of its conformity with applicable regulations of this subchapter;
      (2)   Make its final decision to approve or disapprove the application; and
      (3)   Advise the applicant in writing of its final decision, supported by substantial, competent evidence contained in a written record, publicly and contemporaneously released. If the city denies an application, the denial must be based on the requirements of this subchapter. The city may not deny an application if the denial:
         (a)   Is discriminatory with respect to collocation or modification requests of other providers of functionally equivalent services, including wireless service providers;
         (b)   Prohibits or creates the effect of prohibiting the provision of wireless service by the applicant; or
         (c)   Regulates the collocation, placement, installation or modification of small cell facilities on the basis of the environmental effects of radio emissions, if the applicant demonstrates that such small cell facilities will comply with the FCC’s regulations concerning such emissions.
   (B)   Deadline tolling. To toll the 90-day deadline, the city must provide a written notice of incomplete (NOI) to the applicant within 30 days of receipt of application, clearly and specifically delineating all missing documents or information. The delineated information is limited to documents or information publicly required and reasonably related to determining if the request qualifies as a small cell facility. Upon receipt of a supplemental submittal, the city has ten days to identify in writing anything missing from the initial NOI. Second or subsequent NOIs may not specify missing documents or information that were not delineated in the original NOI. Request for information not identified in initial NOI will not toll the 90-day deadline, and the deadline is not tolled by a moratorium on the review of applications. However, the city and the applicant may mutually agree to toll the deadline at any time.
   (C)   Deemed approval. If the city fails to act on an application by the deadline established by this section, the applicant may provide notice that the time period for acting has lapsed and the application is then deemed approved.
   (D)   Visual impact. In order to minimize negative visual impact to the surrounding area, the Director may deny a request for a proposed location if the applicant proposes to install wireless facilities or ground equipment where 250 cubic feet of wireless facilities or ground equipment already exist at that time.
   (E)   City review of eligible facilities requests. Notwithstanding any other provision of this subchapter, the city must approve and may not deny applications for eligible facilities requests within 60 calendar days, according to the procedures established under 47 C.F.R. § 1.40001 (Wireless Facility Modifications).
(Ord. 2017-22, passed 8-22-17)