Should the application of this subchapter have the effect of prohibiting a person or entity from providing personal wireless services to all or a portion of the city, such provider may petition the City Council for an amendment to this subchapter. The City Council, upon receipt of such a petition, shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition, and any decision to deny such petition shall be in writing and supported by substantial evidence contained in a written record. The person or entity proposing to amend the section is required to demonstrate, using technological evidence, that the amendment to the overlay district is necessary in order to satisfy the service requirement of the respective grid system. The person or entity, if requesting an amendment to the overlay district in order to install a new antenna support structure, is required to demonstrate that it contacted the owners of structures in excess of 45 feet in height within a one mile radius of the site proposed, asked for permission to install the antennas on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower and its relationship to other antenna sites in the applicant’s grid network, and an evaluation of existing buildings taller than 45 feet, existing personal wireless service towers and water tanks within one mile of the proposed tower.
(Ord. 97-4, passed 3-20-1997; Ord. 98-6, passed 2-2-1998; Ord. 99-16, passed 3-2-1999)