A. Initially, a tower site application and evaluation form (see section 15-1-13 of this chapter) shall be completed and submitted to the code enforcement officer.
B. An applicant for a compliant site, meeting all initial requirements, will then be scheduled to appear before the planning and zoning board at their next scheduled meeting. The applicant shall pay a nonrefundable one hundred dollar ($100.00) processing fee to cover costs, even if the permit is deferred or denied. The applicant shall provide pertinent information such as the address and boundaries of the property, the character and dimensions of the facilities, the estimated time frame involved in the building and completion of the facility and a drawing or other representation of the visual aspect of the proposed facility. In addition the applicant shall provide a list of all property owners within three hundred feet (300') of the outer boundaries of the property upon which the telecommunications facility will be located.
C. The applicant(s) and the property owner(s) should attend all meetings.
D. After the initial hearing, the planning and zoning board may either approve or deny the application.
E. If the initial application is denied a written notice with the reason(s) for denial shall be delivered to the applicant within five (5) business days. The applicant may resubmit an initial application when the adverse findings have been remedied.
F. If the initial application is approved and all initial requirements have been met, the board will then set a public hearing. The public hearing must be at least fifteen (15) days after publication in a local newspaper. In addition a notice must be mailed by delivery confirmation to all property owners within three hundred feet (300') of the exterior boundary of the proposed property (except for a proposed facility or service which will collocate on an existing tower) at least ten (10) days prior to the hearing.
G. Publication and notice shall contain the identity of the applicant, the address and the legal description of the real property in question, the zoning classification, the nature of the relief requested and the date, time and place of the meeting. In addition, notice may be given by posting notice of such hearing on the affected property at least ten (10) days prior to the date of the hearing.
H. At the public hearing, any person interested in the application shall be given an opportunity to speak for or against the issue, after which the board shall make a decision affirming the application, overruling the application, or any other action concerning said application, including approval with modification, or any other decision the board shall deem appropriate.
I. Any modifications or other requested actions by the board must be resubmitted to the board before proceeding further.
J. The board's decision is final.
K. Upon approval by the board the applicant shall return to the code enforcement officer for issuance of a building permit after payment of applicable building fees. (Ord. 2011-235, 5-26-2011, eff. 5-26-2011)
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