All applications for a building permit or special use permit for any wireless telecommunications facility filed pursuant to this Article IV shall be in an electronic form, as it may be amended from time to time by the planning director. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly and the city will honor such designation to the extent permitted by law.

(Ord. No. 21-21, § 3, 5-17-21)

Each applicant must provide all information requested in the application materials when applying for a building permit, special use permit or other permit or variance pursuant to this chapter, and all required information and certifications must be submitted for an application to be considered complete.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

Initial review/notification of incompleteness. The planning director must determine whether an application for the siting of a new wireless telecommunications tower is complete within thirty (30) days of receiving such application. If an application is incomplete, the planning and development department must notify the applicant, in writing, that the application is incomplete and specifically identify the missing documents or information that the applicant must submit to render the application complete. An application is incomplete if it omits or withholds any required information or fails to provide information in sufficient detail to determine whether the work will be performed in accordance with and will result in a vertical support structure that complies with all applicable code, and other applicable laws. The applicant shall have thirty (30) days to respond to a notice of an incomplete application. If the applicant responds, but the resubmission remains incomplete, the planning director shall notify the applicant in writing that the application remains incomplete within thirty (30) days of the resubmission, and also identify the missing documents or information that the applicant must submit to render the application complete. Any resubmission that remains incomplete after ten (10) days of this second notice by the planning director will be deemed withdrawn.

(2)

The timing of a final decision. Once an application is deemed complete, the administrator shall have ninety (90) days for applications for collocations (regardless of whether the vertical support structure has previously been zoned for wireless facilities) and one hundred fifty (150) days for new construction in which to render a decision. These timeframes commence once an application is submitted; however, a notice of an incomplete application and an incomplete resubmission tolls the clock on that date that such notice is provided to the applicant until that date upon which the application is resubmitted.

(3)

Tolling agreement. Notwithstanding the time requirements set forth herein, the planning director may enter into an agreement with any applicant extending the time for action on any application, where such an extension is permitted under applicable law.

(Ord. No. 21-21, § 3, 5-17-21)

(1)

The administrator shall approve any application for a new wireless telecommunications facility when the administrator determines that the application complies with the applicable requirements of section 23-184 and Article XI.3. Otherwise, the applications may be denied.

(a)

Notification of decision. The administrator shall notify the applicant in writing of the final decisions, and if any application is denied, specify the basis for a denial, including citations to federal, state, or local code provisions or statutes on which the denial was based. Any decision by the administrator denying a request to place, construct, or modify a telecommunications facility shall be in writing and supported by substantial evidence in a written record. Decisions to approve or deny an application are final but subject to appeals as set forth in Article X of the City's Zoning Code.

(b)

Appeals. Any decision adverse to the applicant must be appealed in accordance with the processes described in Article X of the City's Zoning Code after the issuance of the decision, except that: appeals of a decision rendered by the planning department or the zoning administrator shall be taken to the zoning board of appeals; appeals of a decision by the board of zoning appeals or the planning commission shall be taken to the circuit court. In each case where there is a claim by the applicant that the denial of the application will prohibit or have the effect of prohibiting the provision of wireless services within the meaning of 47 U.S. Code Section 253(a)—Removal of Barriers to Entry; 47 U.S. Code Section 332(c)(7)—Mobile Services, as further set forth in the small wireless facility order and the FCC final rules, the board of zoning appeals shall hear and determine the appeal applying the standards set forth in this article, and those standards set forth in the small wireless facility order and the FCC final rules to determine if the denial of an application results in an effective prohibition of service. To the extent that an applicant makes a claim that any preliminary denial will result in an effective prohibition within the meaning of 47 U.S. Code Section 253(a) or 47 U.S. Code Section 332(c)(7), such claim must be supported by testimony and presented by persons with the requisite knowledge, credentials and qualifications to make and establish such facts to prove the claim.

(2)

Expedited review for eligible vertical support structures. The notice of incomplete submissions and tolling practices under section 24-30(1) shall apply to this section. Upon submission of a complete application for collocation on or modification of a pre-existing telecommunications tower, the planning director shall approve, or approve with conditions, the application within sixty (60) days. Conditions of approval may include compliance with previously imposed conditions of approval, generally applicable building, structural, electrical, and safety codes or other laws, including this Code, codifying objective standards reasonably related to health and safety. Any approval shall be operative, and any permit issued under this subsection shall remain in effect only so long as federal law, 47 U.S.C. 1455, and the FCC regulations established under 47 CFR 1.6100 require the approval of an eligible facilities request as defined therein. By approval, the city solely intends to comply with a requirement of federal law and not to grant any property right or interests except as compelled by federal law.

(Ord. No. 21-21, § 3, 5-17-21)