1339.07 CRITERIA FOR A CONDITIONAL USE.
   (a)   Districts Other Than Those Zoned "IL", "IM", or "IH". A Wireless Telecommunications Facility which includes a Tower may be permitted as a conditional use in districts other than those zoned "IL", "IM", or "IH". In addition to compliance with Sections 1339.04 and 1339.05, above the following steps must also be taken for the Application to be considered for review for a Conditional Use Permit:
      (1)   The Applicant shall demonstrate to the Planning Commission that the Tower must be located where it is proposed in order to service the Applicant’s service area or proposed service area, and that there are no feasible alternatives. The Applicant shall submit a written explanation as to why a Tower on this proposed site is technically necessary.
      (2)   Where the Wireless Telecommunications Facility is located on property with another principal use, the Applicant shall present written documentation that the owner of the property supports the Application and that the vehicular access, including access for police, fire, ambulance, and other emergency vehicles, is provided to the facility.
      (3)   The Applicant shall present a site/landscaping plan showing the specific placement of the Wireless Telecommunications Facilities on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen the facilities and the proposed color of the facilities.
   (b)   A Conditional Use Permit must be approved by the Planning Commission with a Zoning Clearance Permit issued to the Applicant by the City's Engineering Department before construction of new Towers may commence in all districts other than those zoned "IL", "IM", or "IH".
   (c)   Any decision to deny a request to place, construct or modify a Wireless Telecommunications Facility and/or Tower shall be issued by the Planning Commission in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission. Any appeal from the decision of the Planning Commission shall first be taken to the Board of Zoning Appeals.
(Ord. 43-02. Passed 11-25-02.)