133.06(A) Filing fee. All applications shall be accompanied by the applicable non-refundable filing fee, which shall be adopted by resolution of the .
133.06(B)
regulated by this Chapter may request a pre-application conference with the
. Such request shall be submitted with a non-refundable fee in an amount set by
resolution to reimburse the
for the cost and fees incurred by the conference.
133.06(C) Unless otherwise authorized by
or federal
, no
shall construct, install or maintain a
within the
without the
’s approval pursuant to this Chapter.
133.06(D) The
shall review the application for consistency with the
’s Comprehensive
, land development regulations including this Chapter, and compatibility of the proposed
with the surrounding neighborhood. For applications that are not subject to the
’s approval pursuant to this Chapter, the
shall issue a written decision either granting or denying an application. The
shall not grant an application for a proposed
that will interfere with any
, or is otherwise not in compliance with this Chapter. In the event the
denies an application, the
shall set forth the reasons for denial in writing.
133.06(E) Notification of completeness. The shall notify the
within 20 days after the date the application is submitted as to whether the application is, for administrative purposes only, properly completed and has been properly submitted in accordance with the requirements set forth above. However, such determination shall not be deemed as an approval of the application. Such notification shall indicate with specificity any deficiencies which, if cured, could make the application properly completed.
133.06(F) In the event that the
determines that a proposed
subject to the
’s approval is not in compliance with this Chapter, the
shall recommend that the
deny the application and shall set forth the reasons for denial in writing.
133.06(G) The
shall consider the application, the
’s recommendation, and any additional evidence presented by the
,
staff and the public.
133.06(H) Any decision of the
to deny an application shall authorize the
to set forth in writing the
’s reasons for the denial. It is the intent of this Section to establish a procedure for compliance with the “written decision” and “substantial evidence” requirements of the Telecommunications Act, 47 U.S.C. § 332(c)(7)(B)(iii).
133.06(I) The
shall grant or deny each properly completed application for a
based on the application’s compliance with this Chapter,
and any other applicable regulations, and within the normal time frame for a similar
review but in no case later than 45 business days after the date the application is determined to be properly completed. This time frame shall not apply to an application for
on
-owned property.
133.06(J) The
shall grant or deny each properly completed application for any other
based on the application’s compliance with this Chapter and any other applicable law, including but not limited to the
and within the normal time frame for a similar type of review, but in no case later than 90 business days after the date the application is determined to be properly completed. This time frame shall not apply to an application for
on
-owned property.
133.06(K) An application is deemed submitted or resubmitted on the date the application is received by the
. If the
does not notify the
in writing that the application is not completed in compliance with the
’s regulations within 20 business days after the date the application is initially submitted or additional information resubmitted, the application is deemed, for administrative purposes only, to be properly completed and properly submitted. However, the determination shall not be deemed as an approval of the application. If the application is not completed in compliance with the
’s regulations, the
shall so notify the
in writing indicating with specificity any deficiencies in the required documents or deficiencies in the content of the required documents which, if cured, make the application properly completed. Upon resubmission of information to cure the stated deficiencies, the
shall notify the applicant, in writing, within the normal time frames of review, but in no case longer than 20 business days after the additional information is submitted, of any remaining deficiencies that must be cured. However, if
does not cure the application deficiencies within 20 business days after receiving the notice of deficiencies, the application shall be considered withdrawn or closed.
133.06(L) The time frames specified in this Section may be extended because the
’s procedures generally applicable to all other similar types of applications require action by the
and/or development review staff and such action has not taken place within the specified time frames. Under such circumstances, the
shall either grant or deny the application at its next regularly scheduled meeting.
133.06(M) The
may request, but not require, a waiver of the time frames by the
, except that, with respect to a specific application the
may require a one-time waiver in the case of a declared local, state, or federal
that directly affects the administration of all permitting activities of the
.
133.06(N) The
may enter into an entry and testing agreement with the
owner,
and/or operator, in a form approved by the
, without approval of the
.
133.06(O) Extension and waiver. Where action by the or any other agency is required on an application for a permit taken pursuant to this Section, the may by letter to the
extend the time frame for a decision until the next available scheduled date of the Commission or agency as to whether to grant or deny an application for a permit taken pursuant to this Chapter. Notwithstanding the foregoing, the
may voluntarily agree to waive the time frames set forth above.
133.06(P)
extension. The may request a waiver of the time frames by the
, except that, with respect to a specific application, a one-time waiver may be required in the case of a declared local, , or federal that directly affects the administration of all permitting activities in the .
133.06(Q) Appeal. If an application is denied by the for noncompliance with the requirements of this Chapter then the
may appeal this decision to the in accordance with the
. Any decision appealed from the may be appealed in accordance with applicable .
133.06(R) Nonconforming
. Any
in existence in the on February 17, 2009 that are nonconforming with the terms and provisions of this Section shall have until February 17, 2014 to bring said
into compliance, or upon the change of ownership of the leasehold interest upon which the
is located, whichever shall occur first.
(Ord. 2010-23, passed 10-4-2010)