A. County board action on an application for a facility shall be in accordance with the following procedures:
1. A public hearing shall be conducted by the zoning board of appeals. Notice of the hearing shall be published at least fifteen (15) days before the hearing in a newspaper of general circulation in the county.
2. The hearing shall be conducted in accordance with the rules of procedures of the zoning board of appeals. The zoning board of appeals shall consider the matters in subsection B of this section, but no other matters.
3. The zoning board of appeals shall make written findings of fact as to the provisions of subsection B of this section.
4. At the conclusion of the hearing, the zoning board of appeals shall, upon a majority vote of the members present, make a recommendation to the county board as to whether the application should be approved or denied.
5. The county board may give its approval to the application after the hearing by the zoning board of appeals, but only by the favorable vote of a majority of the members present at a meeting held no later than seventy five (75) days after the submission of a complete application by the telecommunications carrier. If the county board fails to act on the application within seventy five (75) days after its submission, the application shall be deemed to have been approved.
B. For purposes of subsection 4-8-5B3 of this chapter and subsection A2 of this section, the following siting considerations, but no other matter, shall be considered by the Zoning Board of Appeals and County Board:
1. The criteria in section 4-8-3 of this chapter.
2. Whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant.
3. The benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility.
4. The existing uses on adjacent and nearby properties.
5. The extent to which the design of the proposed facility reflects compliance with section 4-8-4 of this chapter. (Ord., 7-9-2002)