(A) The modification of existing or installation of new small cell wireless facilities, or the modification of existing or installation of new wireless support structures used for such small cell wireless facilities, that are not exempt from zoning review in accordance with Public Act 365 of 2018, as amended, shall be subject to special land use review and approval in accordance with the following procedures and standards:
(1) The processing of an application is subject to all of the following requirements:
(a) Within 30 days after receiving an application under this subsection, the Chief Inspector shall notify the applicant in writing whether the application is complete. The notice tolls the running of the 30-day period.
(b) The running of the time period tolled under subdivision (a) resumes when the applicant makes a supplemental submission in response to the Chief Inspector's notice of incompleteness.
(c) A complete application shall be submitted to the Planning Commission for review.
(d) The Planning Commission shall approve or deny the application and notify the applicant in writing within 90 days after an application for a modification of a wireless support structure or installation of a small cell wireless facility is received or 150 days after an application for a new wireless support structure is received. The time period for approval may be extended by mutual agreement between the applicant and the Chief Inspector.
(2) The Planning Commission shall base its review of the special land use request on the standards contained within the City's zoning ordinance; provided, however that a denial shall comply with all of the following:
(a) The denial is supported by substantial evidence contained in a written record that is publicly released contemporaneously with the denial.
(b) There is a reasonable basis for the denial.
(c) The denial would not discriminate against the applicant with respect to the placement of the facilities of other wireless providers.
(3) In addition to the provisions set forth above, in the Planning Commission's review:
(a) An applicant's business decision on the type and location of small cell wireless facilities, wireless support structures, or technology to be used is presumed to be reasonable. This presumption does not apply with respect to the height of wireless facilities or wireless support structures.
(b) An applicant shall not be required to submit information about its business decisions with respect to any of the following:
1. The need for a wireless support structure or small cell wireless facilities.
2. The applicant's service, customer demand for the service, or the quality of service.
(c) The Planning Commission may impose reasonable requirements regarding the appearance of facilities, including those relating to materials used or arranging, screening, or landscaping.
(d) The Planning Commission may impose spacing, setback, and fall zone requirements substantially similar to spacing, setback, and fall zone requirements imposed on other types of commercial structures of a similar height in a similar location.
(4) The fee for zoning review of a special land use and associated site plan shall be as established by the City Council and posted in the Office of the City Clerk.
(5) (a) Within one year after a zoning approval is granted, an applicant shall commence construction of the approved structure or facilities that are to be operational for use by it, unless the Chief Inspector and the applicant agree to extend this period or the delay is caused by a lack of commercial power or communications facilities at the site. If the applicant fails to commence the construction of the approved structure or facilities within the time required, the zoning approval is void.
(b) An applicant may voluntarily request that a zoning approval be terminated.
(6) The city shall not institute a moratorium on either of the following:
(a) Filing, receiving, or processing applications for zoning approval under this section.
(b) Issuing approvals for installations that are not a permitted use.
(7) The city may revoke a zoning approval, upon 30 days' notice and an opportunity to cure, if the small cell wireless facilities and any associated wireless support structure fail to meet the requirements of the approval, applicable codes, or applicable zoning requirements.
(Ord. O-214, passed 11-4-2019, effective 11-14-2019)