(1)

Special use permit required. All proposals to construct or modify a wireless communications facilities not permitted by section 30-82.4 (permitted uses) or section 30-82.5 (authorization by administrative permit) or not fully complying with the general requirements of this article shall be permitted only upon the approval of a special use permit authorized consistent with sections 30-25 to 30-25.6 following a duly advertised public hearing by the planning and zoning commission and city council, subject to the following additional requirements, procedures, and limitations:

a.

Applications. Applications for special use permits shall be filed on such forms required by the director and processed subject to the requirements of and in the manner established by applicable law, herein, and for special use permits in the Unified Development Ordinance and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific wireless communications facility. Any amount not used by the city shall be refunded to the applicant upon written request after a final decision. except as otherwise provided by law, no application for a special use permit under this section shall be deemed complete until the applicant has paid all fees and deposits required under this article, submitted certified engineering plans, and provided proof of owner consent as required by section 30-82. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.

b.

Decision and findings required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.

c.

Additional minimum requirements. No special use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of wireless communications facilities pursuant to section 30-82.2 (permitted uses) or section 30-82.3 (authorization by administrative permit) of this article is not technologically or economically feasible. The city may consider current or emerging industry standards and practices, among other information, in determining feasibility.

d.

Findings required. In addition to the determinations or limitations specified herein and by the applicable provisions of sections 30-25 to 30-25.6 of this Unified Development Ordinance for the consideration of special use permits, no special use permit shall be approved by the city council unless findings in the affirmative are made that the following conditions exist:

i.

That the design of the wireless communications facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this article;

ii.

That the design is visually compatible with the area, will not distract from the view of the surrounding area, is maximally concealed or blended in with the environment, and will not adversely affect property values;

iii.

That such special use shall not be inconsistent or adversely affect the regular permitted uses in the district in which the same is located; and

iv.

That the proposal fully complies with applicable law including the general requirements herein; provided that an exception to the general requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown.

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