A. Conditional use permit. The planning commission may grant a conditional use permit for a new wireless facility or a substantial change to an existing wireless facility only when the planning commission makes all the findings required by section 17-3-2 of this code, as well as the following additional findings.
1. The proposed use is deemed essential or desirable to the public convenience or welfare.
2. The total area of the site and the setbacks of all facilities from property and street lines are of sufficient magnitude in view of the character of the land and of the proposed development that significant detrimental impact on surrounding properties is avoided.
3. The appearance of the developed site in terms of the arrangement, height, scale and architectural style of the buildings, location of parking areas, landscaping and other features is compatible with the character of the area.
4. The applicant demonstrated that it proposed the least intrusive means to achieve its technical objectives.
B. Administrative wireless facilities permit. The planning manager may grant an administrative wireless facilities permit for a new wireless facility or a substantial change to an existing wireless facility when the planning manager finds all of the following:
1. The proposed design qualifies as a design subject to administrative approval as set forth in this chapter.
2. The proposed location qualifies as a location subject to administrative approval as set forth in this chapter.
3. The proposal conforms to all applicable design standards set forth in this this chapter.
4. The proposed project will not require any exemption pursuant to section 17-18-16 of this chapter.
C. Section 6409(a) permit.
1. Findings for approval. The planning manager may approve a section 6409(a) modification when the planning manager finds that the proposed collocation or modification qualifies as an eligible facilities request and does not cause a substantial change.
2. Grounds for denial. In addition to any other alternative recourse permitted under federal law, the planning manager may deny a section 6409(a) permit when the planning manager finds that the proposed collocation or modification:
a. Violates any legally enforceable standard or permit condition reasonably related to public health and safety; or
b. Involves a structure constructed or modified without all regulatory approvals required at the time of the construction or modification; or
c. Involves the replacement of the entire support structure; or
d. Does not qualify for mandatory approval under section 6409(a) for any lawful reason.
3. Any denial of a section 6409(a) permit application shall be without prejudice to the applicant, the real property owner, or the project. Subject to the application and submittal requirements in this chapter, the applicant may immediately resubmit a permit application for a conditional use permit, an administrative wireless facilities permit, or a section 6409(a) permit as appropriate.
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraphs B, C.1, and C.2