(A) Special use permit. No wireless telecommunications facility shall be established or substantially modified in any zoning district unless a special use permit is obtained from the Zoning Board of Review. In addition, all facilities to be located on public property, such as pole-mounted antennas on structures on a public street, shall be approved by the Town Council, after the granting of a special use permit by the Zoning Board, and shall be maintained and operated under the terms of a license or lease approved by the Town Council.
(B) Development plan review. Upon receipt of a completed application for a wireless telecommunications facility, the Zoning Board of Review shall refer two copies of the application to the Planning Board for development plan review, which shall make a written report to the Zoning Board within 45 days after receiving the application. The Zoning Board shall then hold a public hearing on the application for a special use permit. If the decision of the Zoning Board differs from the recommendations of the Planning Board the reasons therefor shall be clearly stated in writing.
(C) Notice. All notice requirements of § 317, shall apply to applications for a special use permit under the subchapter, except that applications to construct or substantially modify a communications tower shall require notice by first class mail to:
(1) All owners of real property located within 1,000 feet of the proposed tower site; and
(2) The Rhode Island Airport Corporation.
(D) Burden of proof. The applicant shall have the burden of producing evidence to satisfy all applicable requirements and standards set out in the subchapter.
(Ord. passed 10-30-06)