(A) Wireless telecommunications facility conditional use permit. All wireless telecommunications facilities are subject to the granting of a conditional use permit. Wireless telecommunications facility conditional use permits are subject to Planning Commission approval unless otherwise provided for in this chapter.
(B) Administrative wireless telecommunications facility permit. An administrative wireless telecommunications facility permit, subject to the Director's approval, may be issued for new facilities or collocations or modifications to existing facilities that meet the following criteria:
(1) The facility is a small cell located within the public right-of-way.
(2) The facility qualifies as an eligible facilities request as defined in this chapter.
(C) In the event that the Director determines that any application submitted for an administrative wireless telecommunications facility permit does not meet the criteria of this code, the Director shall convert the application to a wireless telecommunications facility conditional use permit application and refer it to the Planning Commission. Additional submittal materials may be required.
(D) Other permits required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other city departments, or state or Federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments, state or federal agencies.
(E) Procedures for a duly filed application. Any application for a wireless telecommunications facility will not be considered duly filed unless submitted in accordance with the procedures in this § 157.04(E).
(1) Pre-submittal conference. Before application submittal, the applicant must schedule and attend a pre-submittal conference with the Director for all proposed projects on new support structures in the public rights-of-way. Pre-submittal conferences for all other proposed projects are encouraged but not required. The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless tower or base station, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to provide draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The Director shall use reasonable efforts to provide the applicant with an appointment within five working days after the Director receives a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference.
(2) Appointment required. All applications for a wireless telecommunications facility shall be submitted to the city at a pre-scheduled appointment with the Director. Applicants may submit one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment or a pre-submittal conference, whether delivered in-person, by mail or through any other means, will not be considered duly filed.
(F) Applications deemed withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Director within 90 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director may, in the Director's discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the nintieth day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.
(G) Application requirements. All applicants for a wireless telecommunications facility shall submit all the content, information, materials and fees required by the Director for the application. The Planning Commission authorizes the Director to develop, publish and from time-to-time update or amend permit application forms, checklists, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this section. The Planning Commission further authorizes the Director to establish other reasonable rules and regulations, which may include regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such permit application forms, checklists, informational handouts, rules and regulations must be in written form and made available on the city's website and/or in-person at the Planning and Development Department to provide applicants with prior notice.
(Ord. 1090, passed 9-28-17)