(1)

Statement of purpose. The general purpose of this article XII ("article") is to regulate the placement, construction, and modification of telecommunications wireless communications facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Liberty. Specifically, this article is intended to:

a.

Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Liberty;

b.

Minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques that provide predictability for nearby property owners and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;

c.

Ensure that any new wireless communications facilities are located in an area compatible with the neighborhood or surrounding community to the extent possible; and

d.

Ensure that regulation of wireless communications facilities does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the city.

(2)

Applicability; preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this article shall be applicable to all wireless communications facilities existing or installed, built or modified after the effective date of this article to the fullest extent permitted by law. No provision of this article shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this article is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.

(3)

General procedures.

a.

Applications. Applications for permitted, administrative, or special uses pursuant to this article shall be subject to the supplementary procedures in this article. Applications shall be submitted to the city as a complete application on forms provided by the city. A "complete application" shall be an application submitted on the forms provided by the city, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the city for its inspection and review costs, and information as required thereon or by the city, consistent with this article. Applications shall be accompanied by a building permit application and other applicable forms.

b.

Pre-application meeting. To the extent permitted by applicable law, all applicants shall be required to participate in a pre-application meeting in accordance with article IV of this Unified Development Ordinance.

c.

Proof of owner consent. Applications for permitted, administrative, or special uses pursuant to this article shall be required to provide proof of landlord consent, which shall minimally include:

i.

Written consent to pursue the application by all fee simple owners of the underlying real estate (or where located in street right-of-way, the right-of-way owner thereof), including when the proposed location is also in a utility easement; and

ii.

Written consent to pursue the application of the owner of the structure on which such facility is to be placed, if different than applicant.

d.

Timing. Applications shall be decided upon within a reasonable time, subject further to state or federal specific additional time requirements as may apply to the particular application.

e.

Complete application. Within thirty (30) days of receiving an incomplete application, or other timeframe as may be applicable under federal or state law relating to the particular application, the director or his/her designee shall provide notice to the applicant stating that the application is incomplete and identify the specific provisions or application requirements not satisfied or information not provided, including the corresponding code, state, or federal citation for such requirement, that the applicant must satisfy for a complete application. Nothing in this procedure shall alter the affirmative obligation of each applicant to review the applicable code and satisfy all applicable provisions as may apply to the applicant's specific submission.

f.

Administration. The director shall have the authority to establish forms and procedures consistent with this article and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications.

(Ord. No. 11006, § II(Exh. A), 12-17-18)