(A) In the case of an application for an eligible facilities request, the town's Zoning Administrator shall review the preliminary application and determine whether the request is eligible. The Zoning Administrator may require from the applicant such other information pursuant to this chapter, as is needed to make this determination; alternatively, if the Zoning Administrator is given sufficient proof that the request is eligible, he or she may relax such requirements of a completed application described in § 154.05 as he or she shall deem unnecessary. If the Zoning Administrator determines that the application constitutes an eligible facilities request, he or she shall certify such eligibility to the Board of Adjustment, and the Board of Adjustment shall approve the special use permit, pursuant to 47 U.S.C. § 1455(a), and no hearing shall be required.
(B) If the Zoning Administrator determines, after reviewing the application pursuant to division (A) of this section, that there is substantial evidence that the application constitutes a substantial modification, then a hearing shall be required pursuant to this chapter. At the hearing, the Zoning Administrator shall first present the evidence of a substantial modification, which the applicant or any other interested party may be cross-examined. The applicant and any other interested party shall present evidence of an eligible facilities request, which may also be cross-examined. The Board of Adjustment shall make findings of fact as to the question, and shall decide whether:
(1) The application is for an eligible facilities request, in which case it shall approve the special use permit without further hearing; or
(C) The town shall issue a written decision approving an eligible facilities request application within 45 days of such application being deemed complete. For a co-location application that is not an eligible facilities request, the town shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete.
(Ord. passed 7-9-2019; Am. Ord. passed 5-3-2021)