(A) Persons who own property within 200 feet of a proposed tower site and who have reasonable grounds to believe that approval of an application for a tower permit the granting of a waiver, or the proposed construction will violate any applicable restriction, rule, regulation, or ordinance may request a hearing before the City Council to protest and present evidence establishing their allegations. Such hearing request must state the specific grounds relied upon and be presented to the office of the Building Official no later than 2:00 p.m. on the thirtieth calendar day following the date of filing of the required completed application. Copies of all supporting documents, instruments, or other materials that are to be presented to the commission shall accompany such hearing request and shall be available for inspection and photocopying.
(B) An applicant for a tower permit or a waiver has until 2:00 p.m. on the seventh calendar day following the issuance of a notice of disapproval or refusal by the building official to file a written notice of appeal to the City Council. The notice of appeal and request for hearing must be filed in the manner prescribed.
(C) Notice of the time, place, and location of the public hearing at which the protest or appeal is to be presented must be given by the City Council before the tenth day before the date of the hearing by:
(1) Publication in a newspaper of general circulation in the city and county.
(2) By written notice delivered to the applicant, such written notice shall be served by depositing the same, properly addressed and postage paid, in the United States Mail, first class postage; and
(3) By written notice delivered to the owners, as is indicated by the most recently approved tax rolls, of all property located within a distance of 300 feet from the property upon which the permit is requested. Such written notice shall be served by depositing the same, properly addressed and postage paid, in the United States Mail, first class postage.
(D) All properly filed appeals and protests concerning the approval or disapproval of an application for a tower permit or the granting or refusal of an application for a waiver for a particular project shall be considered by the City Council in a single public hearing. The public hearing shall be scheduled by the Building Official at the next available City Council meeting, assuming that proper notice has been given.
(E) No action may be taken by the City Council unless approved by a majority vote of the members at which the application for a tower permit is considered.
(F) If the City Council rejects an application for a tower permit or a waiver, or otherwise refused to approve a tower permit or grant a waiver, the City Council shall issue a written report explaining in detail the reasons for such rejection, is approval or refusal. Such written report hall be issued not later than 60 calendar days from the date the application was filed.
(G) The decision of the City Council concerning the issuance or denial of a tower permit shall be the final administrative determination of the issues presented.
(Ord. 23-1314, passed 5-11-2023)