Notwithstanding any otherwise applicable provision of the Zoning Ordinance, the following permit application process shall be the exclusive process for any person seeking the placement or operation of a cellular or wireless communication antenna, tower, or site within the City. No zoning permit shall be issued allowing for the placement or operation of a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site within the City unless the following permit application process is followed:
Notwithstanding any otherwise applicable provision of the Zoning Ordinance, any person applying for the placement or operation of a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site within any M-1, M-2, or B-4 district must first arrange a conference with the Director of Zoning to provide information regarding the proposed placement or operation within the City. The information shall include a preliminary plan, which provides a rendering of any proposed tower or site to scale and in relation to the surrounding area.
A. No later than five (5) business days after the conference with the Director of Zoning, as set forth in Section 1151.06, the applicant shall provide written notice, by certified mail, of the applicant’s intent to place or operate a cellular or wireless communication antenna, cellular or wireless communication tower, or cellular or wireless communication site to all owners of property whose land is contiguous to and/or directly across the street from the property on which the applicant intends to place or operate the antenna, tower, or site. If the notice is unclaimed or refused, the applicant shall mail the notice by regular mail. All such property owners and their mail addresses shall be provided to the City. The notice shall include:
1. A brief description of the proposed plan to place and operate the proposed antenna, tower, or site, to include a legal description of all affected property, the address of all affected property, and the identification of all streets which are proximate to or in the immediate vicinity of the site, sufficient to identify the particular location and boundaries upon with the antenna, tower, or site is to be placed or operated;
2. A site-rendering or illustration of the proposed antenna, tower, or site as it would appear upon completion; and
3. A brief statement outlining to necessity, purpose, or intended use of the proposed antenna, tower, or site.
At the next regular Planning Commission meeting following the conference set forth in Section 1151.06, the Director of Zoning shall give notice of the application to the Planning Commission and shall submit preliminary plan(s) to the Commission. Upon receiving notice of the conference and plan(s), the Planning Commission shall conduct a public hearing within a reasonable time for the purpose of making a determination as to whether the proposed plan(s) satisfies the Standards of Approval set forth in Section 1151.07. The hearing shall provide:
1. A full opportunity for the applicant to make a presentation to the Planning Commission regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plan(s) and any issues pertaining to the Standards for Approval set forth in Section 1151.07.
2. A full opportunity for the Planning Commission to submit questions to the applicant regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plan(s) and any issues pertaining to the Standards for Approval set forth in Section 1151.07.
3. A full opportunity for any interested property owners or other affected persons to address the Planning Commission regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plan(s) and any issues pertaining to the Standards for Approval set forth in Section 1151.07.
4. A full opportunity for the Planning Commission to seek input from the City Administration or other retained consultants or experts regarding the proposed cellular or wireless communication tower, or cellular or wireless communication site, including the plan(s) and any issues pertaining to the Standards for Approval set forth in Section 1151.07.
5. A full opportunity for the Planning Commission to deliberate, debate, and vote on whether to grant or deny a permit to the applicant or to defer action to obtain additional information.
B. All Planning Commission hearings conducted pursuant to this section shall provide for the applicant, affected property owners, other interested parties, or their representative a full opportunity to appear in person to:
1. Present positions, arguments, and contentions;
2. Offer witnesses to present any supporting evidence; and
3. Offer evidence to refute evidence and testimony offered in opposition to a position, argument, or contention.
C. Upon retiring for deliberations, the Planning Commission shall conduct such deliberations in a quasi-judicial capacity, and not as a legislative body. Such deliberations shall be conducted in public.
D. Upon making a determination as to whether to issue or deny a zoning permit pursuant to this section, the Planning Commission shall place into the record its supporting findings of facts and conclusions of law.
E. A zoning permit shall be issued only upon an affirmative vote of three (3) members of the Planning Commission in favor of such issuance. In event the Planning Commission determines that a zoning permit shall be issued, it shall incorporate into the zoning permit any conditions or limitations as it may deem necessary based upon the Standards for Approval set forth in Section 1151.07.
F. In addition to the required public notice for any Planning Commission hearing held pursuant to this section, the City shall provide written notice by regular mail of the initial hearing to all affected owners of the property, as identified by the applicant to the City, as provided by Section 1151.06A.