(a) Approval deadlines. If the Zoning Administrator does not issue a final decision on a wireless facility application within the shot clock time limits specified in § 15-905 above, then the applicant may provide notice to the Zoning Administrator that the time period has lapsed, and the application is then deemed to be approved. See K.S.A. 66-2019.
(b) Incomplete applications. If the application is materially incomplete, the Zoning Administrator must notify the applicant that more documents or information are required within 30 calendar days after the application was submitted.
(1) The notification must identify the missing documents or information, and also specify the rule or regulation that requires their submission.
(2) The shot clock will restart at zero on the day the applicant provides a supplemental application containing the required information.
(A) If the supplemental application does not provide the missing documents or information identified in the original notice, the Zoning Administrator must notify the applicant within ten days after the supplemental application was submitted.
(B) The shot clock will be paused on the day the notice of an incomplete supplemental application is provided to the applicant, and will resume on the day the applicant provides a completed supplemental application containing the required information.
(C) Consolidated application for small wireless and das facilities. An applicant may file a single consolidated application for a small wireless network of up to 25 individual small wireless facilities of a substantially similar design in both appearance and function. See K.S.A. 66-2019(g).
(D) Zoning Administrator approval. The Zoning Administrator may approve applications for small wireless facilities in the public right-of-way.
(1) A final decision on an application for a new antenna or a new small wireless or DAS facility on an existing base station must be issued within 60 calendar days after a complete application is filed.
(2) A final decision on an application for a new antenna on an existing base station, which substantially changes the physical dimensions of the base station, must be issued within 90 calendar days after a complete application is filed.
(E) Denial of application. If an application is denied, the Zoning Administrator will notify the applicant in writing of the reasons for the denial. Within 30 days of the notice, a party aggrieved by the city’s denial of an application may bring an action for review in any court of competent jurisdiction.
(Ord. 2040, passed 1-24-2019)