Sec. 27-377. Action on an application for a conditional use permit for wireless telecommunicatins facilities.
(a) The city will undertake a review of an application pursuant to this article in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the application and the circumstances, with due regard for the public’s interest and need to be involved, and the applicant’s desire for a timely resolution.
(b) The city may refer any application or part thereof to any advisory committee, other committee, or commission for a non-binding recommendation.
(c) After the public hearing and after formally considering the application, the city may approve with conditions or deny a conditional use permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the granting of the permit shall always be upon the applicant.
(d) If the planning commission approves the conditional use permit for wireless telecommunications facilities, then the applicant shall be notified of such approval. Except for necessary building and utility permits, once a conditional use permit has been granted hereunder, no additional permits or approvals from the city for the initial installation only, such as site plan or zoning approvals, shall be required by the city for the wireless telecommunications facilities covered by the conditional use permit.
(e) If the planning commission denies the conditional use permit for wireless telecommunications facilities, then the applicant shall be notified of such denial in writing within seven (7) calendar days of the city’s action. Following such denial, the applicant may appeal the planning commission’s decision to the city council within fifteen (15) days of such decision.
Source: Ord. No. 5677, § 2, 08-17-2020;