(A) The city will undertake, or have undertaken, a review of an application pursuant to this section in a timely fashion, consistent with its responsibilities and applicable law, and shall act within the time required by applicable law.
(B) The city may refer any application or part thereof to any advisory committee or consultant for a non-binding recommendation.
(C) (1) Either after the public hearing if a hearing is required, or after administrative review as applicable, and after formally considering the application, the city may:
(a) Approve;
(b) Approve with conditions; or
(c) Deny for cause a permit or administrative approval.
(2) The decision shall be in writing and shall be supported by substantial evidence contained in a written record, which record may be the minutes of any or all official meetings. Throughout the application and permitting process, the burden of proof for compliance with this section or the need for a waiver or relief shall always be upon the applicant.
(D) An applicant shall not be permitted to refuse to provide information needed to establish the substantial written record required under federal law and applicable case law. Refusal for more than 60 days without agreement by the Council shall result in denial of the application or the application shall be deemed abandoned.
(E) Approval notification: if the city approves the conditional use permit or administrative approval for the facility or complex, then the applicant shall be notified of approval of its application, including any conditions, within 30 calendar days of the city’s action, which must be within the 150 days the city has to approve or deny a new tower or substantial modification. The conditional use permit or administrative authorization shall be issued within 30 days after such approval.
(F) Denial notification: the applicant shall be notified of a denial of its application at the Council meeting, and in writing within 30 calendar days of the Council’s action, which notice shall contain the reason or reasons for the denial.
(Ord. 2016-4-26-38, passed 4-26-2016)