(A) The purpose of this subchapter is to provide specific regulations for the placement, construction, and modification of personal wireless telecommunications facilities. The provisions of this subchapter are not intended to, and shall not be interpreted to, prohibit or to have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this subchapter be applied in such a manner as to unreasonably discriminate between providers of functionally-equivalent personal wireless services. To the extent that any provision or provisions of this subchapter are inconsistent or in conflict with any other provision of this code or any ordinance of the city, the provisions of this subchapter shall be deemed to control.
(B) In the course of reviewing any request for any approval required under this subchapter made by the applicant to provide personal wireless service or to install personal wireless service facilities, the Zoning Board or the City Council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the city, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record.
(C) Should the application of this subchapter have the effect of prohibiting a person or entity from providing personal wireless service to all or a portion of the city, such provider may petition the Zoning Board or the City Council for an amendment to this subchapter. The Zoning Board or City Council, upon receipt of such a petition, shall promptly undertake review of the petition and shall make a determination on the petition within a reasonable period of time, taking into account the nature and scope of the petition, and any decision to deny such petition shall be in writing and supported by substantial evidence contained in a written record.
(Prior Code, § 70.02) (Ord. 2-92, passed - -1992; Ord. 15-99, passed 12-1-1999)
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