A. Public Notice:
1. For all applications on private property, prior to any approval, conditional approval or denial, public notice shall be mailed to all properties and record owners and occupants of properties that are directly adjacent to the project site.
2. The notice must contain:
a. A general project description;
b. The applicant's identification and contact information as provided on the application submitted to the City;
c. A statement that the Director will act on the application without a public hearing, but will for a minimum of ten (10) days from the date of the notice accept written public comments that evaluate the application for compliance with the standards in this chapter; and
d. A statement that the FCC requires the City to act on small wireless facility applications, which includes any administrative appeals, in sixty (60) days for collocation on existing structures and ninety (90) days for new structures, unless the applicant voluntarily agrees to toll the timeframe for review.
B. Administrative Review: Not less than ten (10) calendar days after the public notice, the Director shall approve, conditionally approve or deny a complete and duly filed small cell permit application without a public hearing.
C. Required Findings: The Director may approve or conditionally approve a complete and duly filed application for a small cell permit when the Director finds:
1. The proposed project meets the definition for a "small wireless facility" as defined by the FCC;
2. The proposed project would be in the most preferred location provided in subsection 7-6-7A of this chapter or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location(s) within five hundred feet (500') would be technically infeasible;
3. The proposed project would not be located on a prohibited support structure identified in subsection 7-6-7D of this chapter;
4. The proposed project would be on the most preferred support structure provided in subsections 7-6-7B and C of this chapter or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred support structure(s) within five hundred feet (500') would be technically infeasible;
5. The proposed project complies with all applicable design standards in this chapter;
6. The applicant has demonstrated that the proposed project will comply with all applicable health and safety regulations, which include without limitation the Americans With Disabilities Act and all FCC regulations and guidelines for human exposure to radiofrequency emissions; and
7. Any public notices required for the application have been given.
D. Decision Notices: Within five (5) calendar days after the Director acts on a small cell permit application or before the FCC shot clock expires (whichever occurs first), the Director shall notify the applicant of such decision by written notice. If the Director denies the application (with or without prejudice), the written notice must contain the reasons for the decision.
E. Appeals: Any decision to conditionally approve or deny a small wireless facility shall be appealable by the applicant to the City Council.
1. Appeals must be filed within five (5) working days of a decision having been rendered.
2. Any such appeal must include a letter identifying the name, address and contact information for the appellant and provides the reasons for the appeal.
3. Any such appeal shall be subject to any appeal fees established by resolution. (Ord. 19-09, 5-20-2019)