(a) Applicants are encouraged to appear before the Planning Commission for a prereview of proposed wireless communication antenna and tower sites which prereview may be conducted by the Planning Commission upon the applicant's submittal of a site plan with general location, type of structure and height being reviewed and surrounding uses.
(b) A wireless communication antenna and/or tower shall not be constructed or erected except upon a permit issued by the Building Commissioner after approval by the Planning Commission after a public hearing with advance notice of the hearing published in a newspaper of general circulation in the City and by certified mail to all abutting property owners to the parcel on which the antenna and/or tower is to be located. The foregoing requirement of public notice and hearing may be waived by the Planning Commission for the construction of a new antenna on an existing structure which application does not require the construction of a new tower or associated facilities. Any decision to deny a request to place, construct or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Planning Commission.
(c) With the permit application to the Planning Commission, the applicant shall file a complete set of plans and specifications, a site plan showing the location of the tower and associated buildings and uses and structures on the same and adjacent parcels, and any other information deemed necessary by the Planning Commission a review of the application. The applicant is also encouraged to provide photographs showing structures and uses on adjacent parcels. The application shall also include the applicant's proposed total number of towers, if more than one, and the additional tower locations in the City. The applicant shall also place on deposit the applicable fees as required by Section 1140.10, and shall also place on deposit the amount necessary for the City to obtain a certification from a registered engineer(s) pursuant to Section 1140.07 that the proposal is in compliance with all federal, state and local regulations. As part of the permit application, the applicant shall provide the City with a list of competitors together with their addresses so that the City may notify the competitors of the application in an effort to encourage co-location.
(d) Approval by the Planning Commission of the granting of a permit shall become effective only following review and public hearing by City Council. The requirement of a public hearing before City Council may be waived by Council if either (1) the application is for co-location or (2) the application is for location on City-owned property. A certified copy of a Resolution of the Planning Commission granting such permit shall be filed forthwith by the Secretary of the Planning Commission with the Clerk of Council. If, within the thirty day period next succeeding such filing, Council by a majority vote disapproves the Board's action in granting the permit, the permit shall be void and shall not be issued, otherwise, it, together with any additional conditions imposed by Council, becomes and is in full force and effect on the day next succeeding the thirty day period. However, should Council approve the action of the Planning Commission within the thirty day period, the permit becomes in full force and effect from the date of the approval. Any decision to deny a permit to place, construct, or modify a wireless communication antenna and/or tower shall be in writing and supported by substantial evidence contained in a written record of the proceedings of the Council.
(Ord. 22-2001. Passed 7-9-01.)