The city shall review an application subject to this chapter considering its conformity with appli-cable provisions of this chapter, and shall issue a permit on nondiscriminatory terms and conditions, subject to the following requirements:
(A) For an initial application, the city shall notify the applicant in writing on or before the tenth day of submission if the application is materially incomplete. In the written notice that the application is incomplete, the city must clearly and specifically identify all the missing documents or information, and must specify the related code provision, ordinance, application instruction or otherwise publicly stated procedures related to missing information; and
(B) If the city notifies the applicant in writing that the application is incomplete in accordance with division (A), the processing deadline in division (C) shall restart at zero on the date the applicant submits all the documents and information identified by the Director to render the application complete; and
(C) (1) The city shall make its final decision to approve or deny a complete application within:
(a) Sixty days of receiving an application for the collocation of a small wireless facility using an existing structure; and
(b) Ninety days for an application to locate a small wireless facility on a new structure.
(2) These timelines may be tolled only by mutual agreement between the applicant and the city; and
(D) The city must advise the applicant in writing of its final decision. If the final decision is to deny the application:
(1) The final decision document shall state the basis for a denial, including specific code provisions on which the denial was based; and
(2) The city must send the decision document to the applicant on or before the day the city denies the application.
(E) The city must process all applications on a nondiscriminatory basis. The city may only deny an application subject to this chapter if the proposed small wireless facility or new, modified, or replaced pole:
(1) Materially and demonstrably interferes with the safe operation of traffic control equipment;
(2) Materially and demonstrably interferes with sight lines or clear zones for transportation or pedestrians;
(3) Materially fails to comply with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;
(4) The applicant refuses to comply with the city's preferred locations in § 97.04(A) herein;
(5) Fails to comply with applicable codes; or
(6) Fails to comply with the provisions in this chapter.
(Ord. 2-24-20, passed 3-23-20)