929.04 PROCEDURES FOR PERMITS: TERMS.
   (a)   Applicants for Cable Franchises shall be granted a Cable Franchise pursuant to Chapter 721 of the Codified Ordinances; provided, however, that a Cable Franchise shall only entitle the Franchisee to utilize the Rights of Way, in accordance with Chapter 721, for purposes directly related to the provision of the Cable Television Service. Any other Right of Way use by such Franchisee shall require a separate Permit.
   (b)   Applicants for Competitive Video Service Agreement shall be granted to a Competitive Video Service as provided in Chapter 721. Any other use by such Competitive Video Provider shall require a separate permit.
 
   (c)   Applicants for Telecommunication and Utility Permits, or renewals thereof, shall file an application therefor, in such form as the Mayor may require, along with an application fee. The Mayor shall determine if the application is in order in accordance with the criteria set forth in Section 929.05 and shall make a final determination within thirty (30) days after the date the permit is applied for as to whether or not such Permit should be granted and, if so, upon what terms and conditions.
    (d)   Applicants for Special Permits, or renewals thereof, shall file an application therefor, in such form as the Mayor requires along with an application fee. The Mayor shall determine if the application is in order and if so, and if the Mayor also finds, in accordance with the criteria set forth in Section 929.05, that the application should be granted, the Mayor shall grant or renew such a Permit within thirty (30 ) days after the date the permit is applied for. The terms of such Permits shall be determined by the Mayor but shall in no event exceed ten years.
   (e)   Applicants for Residential Permits shall file an application therefore, in such form as the Regulations require, along with an application fee. The Mayor, or the Mayor's designate, shall determine if the application is in order and, if so, shall grant the application within thirty (30) days after the date the permit is applied for, so long as the Mayor also finds, in accordance with the criteria set forth in Section 929.05(c), that the application should be granted. Residential Permits shall be valid until canceled by the Mayor upon sixty (60) days written notice to the Permittee; provided, however, that upon a finding by the Mayor that an emergency exists the Mayor may cancel any such Permit upon such lesser notice as is necessary under the circumstances.
    (f)   Any Applicant may appeal the failure of the Mayor to grant a Permit or to recommend it to be granted upon terms and conditions acceptable to the Applicant. In order to perfect such an appeal, the Applicant shall file, within ten (10) days of the Mayor's determination or recommendation or ninety (90) days of the filing of the application if the Mayor has taken no action, an appeal to Council. Council shall then review the matter and render a final determination after affording the Applicant an opportunity to be heard either in person or writing. Except to the extent otherwise appealable by law, Village Council's decision shall be final.
(Ord. 1266. Passed 7-23-07.)