§ 5.5-75. Conditional use permit application procedure; fees  


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  • (a) Any person required by this article to obtain a conditional use permit (CUP) shall file a verified application with the city upon a form approved by the administrator, together with a one hundred dollar ($100.00) non-refundable filling fee established by the city council. A detailed site plan shall be submitted with the CUP application for each telecommunication facility location, and all drawings and specifications shall be prepared and sealed by a registered professional engineer. At a minimum, the application shall contain the following:

    (1) Location of the proposed telecommunication facility, including the land use of adjacent property.

    (2) All significant structures within one half (½) mile of the proposed telecommunication facility location. Significant structures include all publicly or privately owned buildings or structures (excluding utility poles), and street or traffic light standard, which are over seventy-five (75) feet in height.

    (3) Photo or architectural simulation of the proposed telecommunication facility development site from adjacent properties and right-of-ways.

    (4) A detailed landscape/screening plan to include the complete pad site.

    (5) Name, address, and telephone number of the person or entity responsible for removal of the telecommunication facility in the event of abandonment.

    (6) Copies of application or approval from any applicable regulatory body, including the Federal Aviation Administration or Federal Communications Commission.

    (7) Explanation justifying the requested height of the tower/antenna.

    (8) If the application is for a new freestanding tower, the applicant shall provide an inventory of its existing towers within the city and the city's extraterritorial jurisdiction, including specific information about the location, height, and design of each such tower and the number of antennas that may be supported by these towers.

    (9) If applicable, a statement that, despite a diligent effort, the applicant has been unable to secure permission to co-locate on any structure identified in section 5.5-77(a)(2).

    (10) Such supplemental information which the administrator shall deem reasonably necessary in order to determine whether to approve or disapprove a permit authorizing construction of the proposed facility.

    (b) Once it has been properly completed, the application shall be accepted for filing and placed on the next regularly scheduled meeting the city council. The city council shall approve or deny the application for the CUP no later than sixty (60) days after the original filing with the administrator. If the application is not denied within said 60-day period, then the application shall be deemed to be approved. Any decision by the city council to deny a conditional use permit for a telecommunication facility shall be in writing and supported by substantial evidence in a written record. The decision of the city council shall be final. The administrator or his designee shall promptly notify the applicant in writing of the council decision.

(Ord. No. 2001-19, § 5, 9-10-01)