(A) The Planning Commission shall have the authority to hear and decide requests by an applicant for a cellular antenna tower. The Planning Commission may approve, disapprove or take no action on the request for a cellular antenna tower.
(B) The burden shall be on the applicant to establish the following by a clear preponderance of the evidence:
(1) The application is in agreement with the Comprehensive Plan;
(2) The application meets all requirements of this chapter;
(3) Reasons why the site is appropriate for a cellular antenna tower and why it will not have an adverse effect on the health, safety and welfare of the adjoining area;
(4) Reasons why the tower will not alter the essential character of the surrounding area;
(5) Reasons why the applicant has been unsuccessful in its attempts to co-locate on towers designed to host multiple wireless service providers’ facilities or other existing structures, such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities; and
(6) The Planning Commission shall not regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communications Commission concerning radio frequency emissions.
(Ord. 20.920-1, passed 3- -2020)