1273.05 APPLICATION PROCEDURES AND REQUIREMENTS.
   The following requirements apply to all wireless telecommunications facilities regardless of the zoning district, in which they are to be located:
   (a)    When the proposed wireless telecommunications facility is to include a new tower or antenna, a site plan at a scale not less than one inch is equal to 100 feet shall be submitted. The site plan shall indicate all building uses within 300 feet of the proposed facility. Aerial photos and/or renderings may augment the site plan.
   (b)   Any applicant requesting permission to install a new tower or antenna shall provide evidence of written contact with all wireless service providers who supply service within a quarter mile of the proposed facility. The applicant shall inquire about potential collocation opportunities at all technically feasible locations. The contacted provider shall be requested to respond in writing to the inquiry within thirty days. The applicant's letter(s) as well as response(s) shall be presented to the Planning Commission as a means of demonstrating the need for a new tower or antenna.
(Ord. 2002-29. Passed 1-6-03.)
   (c)   An application to locate an antenna on a building or structure that is listed on a historical register, or is in the Town Center District shall be subject to review by the Architectural Review Board, in addition to the Planning Commission.
(Ord. 2014-035. Passed 5-5-14.)
   (d)   Applicant shall provide evidence of legal access to the tower or antenna site thereby maintaining this access regardless of other developments that may take place on the site.
   (e)   Where the telecommunications facility is located on property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long-term lease for the proposed facility and that vehicular access is provided to the facility.
   (f)   The applicant shall present a landscaping plan that indicates how the wireless telecommunications facility will be screened from adjoining uses.
   (g)   The applicant shall demonstrate that the telecommunications tower or antenna must be located where it is proposed in order to service the applicant's service area. The applicant shall submit an explanation and supporting engineering data proving that a tower or antenna at the proposed site is technically necessary.
   (h)   As a condition of approval for a new wireless telecommunications tower, the Planning Commission shall establish the amount of a bond, with a surety company approved by the City's Law Director, or cash deposit, in an amount to be determined by the Planning Commission which shall be intended to guarantee the cost of the removal of the wireless telecommunications tower and related wireless telecommunications facility in the event the facility is declared abandoned by the Building Commissioner pursuant to Section 1273.08.
   (i)   Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing setting out the reasons for the denial in a written document from the appropriate City agency or individual.
   (j)   A filing and review fee shall be paid in the amount of Five Hundred Dollars ($500.00) for a new wireless telecommunications antenna or equipment on or at an existing structure, and in the amount of One Thousand Dollars ($1,000) for a new wireless telecommunications tower.
   These Procedures and Requirements apply to a new wireless telecommunications facility, a request to modify an existing wireless telecommunications facility, or to an addition to an existing wireless telecommunications facility.
   Notwithstanding anything in this Chapter to the contrary, the Building Commissioner shall first review any request by an applicant for a modification of an existing wireless tower or base station. If, in the Building Commissioner's judgment, the modification does not "substantially change the physical dimensions" of the tower or base station, the Building Commissioner may issue a permit for the modification, if it meets all other legal requirements, without the necessity of referring the application to the Planning Commission for its review. The term "substantially changes the physical dimensions" of a tower or base station shall have the same meaning as set out in 30 Federal Communication Commission Record 31 (FCC 14-153).
(Ord. 2017-168. Passed 11-20-17.)