(A) Findings required for approval.
(1) Except for eligible facilities requests, the Director or Hearing Officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:
(a) The facility is not detrimental to the public health, safety, and welfare; and
(b) The facility complies with this chapter and all applicable design and development standards; and
(c) The facility qualifies as a small cell facility; and
(d) The facility meets applicable requirements and standards of state and federal law.
(2) For eligible facilities requests, the Director or Hearing Officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(a) That the application qualifies as an eligible facilities request; and
(b) That the proposed facility will comply with all generally-applicable laws.
(B) Decisions. Decisions on an application by the Director or Hearing Officer shall be in writing and include the reasons for the decision.
(C) Independent consultants. The Director or Hearing Officer, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this chapter, at the expense of the applicant. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.
(Ord. 1282, passed 5-1-19)