(A) Applications will be reviewed for substance only when they meet all submittal requirements. If applications are not complete, staff must notify the applicant within ten days from the submission of the application stating the application is incomplete and identifying the missing materials, which must be submitted in order to complete the application. No further review of the application will take place until the application is complete. If the resubmitted materials are not complete, staff must notify the applicant within ten days from the submission of the application stating the application is incomplete and identifying the missing materials, which must be submitted in order to complete the application. No further review of the application will take place until the application is complete.
(B) Staff shall review and take final action on applications for new small cell systems within 60 days of a completed application, commencing from the date that the complete application is submitted to the Planning Commission. Staff shall notify the applicant once the application is deemed complete and provide the deadline for the staff review period. Staff shall either approve, approve with conditions, or deny the application. If staff does not make a final decision within the required 60 days, the application shall be deemed to be approved as submitted.
(C) An applicant claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of staff in the administration of these regulations may appeal the action to the Planning Commission. Such appeal must be taken within 30 consecutive calendar days of the final action by staff. The appeal shall be filed with staff along with an appeal fee of $500. Staff will fix a reasonable time for hearing the appeal and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant, the jurisdiction where the proposed small cell system is located, and the owner of right-of-way or property (if different from the jurisdiction) at least one calendar week prior to the hearing.
An applicant claiming to be injured or aggrieved by any final action of the Planning Commission shall appeal from the final action to the Christian County Circuit Court. Such appeal shall be taken within 30 days after such action.
(D) In addition to Planning Commission approval, separate applicable building, zoning, and electrical permits, and permission from the city, right-of-way or property owner are required prior to the beginning of construction.
(Ord. 10-2020, passed 5-19-2020)