(a) Applicants for co-location, removal, or replacement on or of existing facilities are to submit a plan detailing the proposed co-location, removal, or replacement with the Zoning Inspector. The applicant shall provide sufficiently detailed plans to clearly determine whether the proposed co-location, removal, or replacement:
(1) Will increase the existing height of the tower;
(2) Whether mounting the antenna will involve adding more than four new equipment cabinets or one new equipment shelter over the original approved plans;
(3) Whether it would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
(4) Whether it involves excavation outside the current tower site defined, herein, as the leased or owned property surrounding the tower and any access or utility easements related to the site; and
(5) The Zoning Inspector shall review the application and make a determination whether the information provided indicates that the co-location, removal, or replacement exceeds any of the criteria established in divisions (a)(1) through (a)(4) above. If it does not, then the Zoning Inspector may administratively issue a permit for co-location, removal, or replacement. If the information provided indicates that the proposed co-location, removal, or replacement exceeds any of the criteria set forth in divisions (a)(1) through (a)(4) above, then, in such event, the Zoning Inspector shall refer the application to the Planning and Zoning Commission for review and approval, pursuant to § 1292.04, on the basis that the application seeks a substantial change of the physical dimensions of the tower or base station.
(b) The applicant shall further provide a lease agreement with the landholder that provides for removal of the additional equipment within 90 days after its discontinued use.
(c) The applicable fees as required on deposit and certification from a registered engineer that the proposal is in compliance with all federal, state, and local regulations.
(d) If the application is reviewed by the Planning and Zoning Commission then the requirement for review and a public hearing by City Council may be waived upon notification of Council by the Planning and Zoning Commission that the co-location, removal, or replacement of existing facilities does not require the construction of a new tower or associated facilities and that the applicant's proposal will have no significant impact on the existing appearance of the facility.
(e) The fee for co-location, removal, or replacement of a wireless communication facility on or of an existing structure is as stated in the Fee Schedule in § 236.07 of the Kirtland Code of Ordinances if administratively approved a fee as stated in the Fee Schedule in § 236.07 of the Kirtland Code of Ordinances if approval is required by the Planning and Zoning Commission.
(Ord. 97-O-43, passed 7-14-1997; Am. Ord. 13-O-46, passed 9-16-2013; Am. Ord. 17-O-20, passed 7-3-2017; Am. Ord. 17-O-57, passed 12-18-2017)