§ 30-692.1:2. Applications for the installation or construction of projects.

(a)

All applications to install or construct projects in the City shall be submitted to the Director in the form of a plan of development, all documentation required in section 30-692.2, and any other documentation the Director may require. A fee as set forth in Appendix A to this Code shall accompany the submittal of each application.

(b)

Applicants for standard process projects whose proposed projects do not meet applicable criteria of this division 11 may either modify their proposed projects to comply with this division or seek initial approval for their projects by separate application for a special use permit, variance, or other available means of zoning approval. A fee as set forth in Appendix A to this Code shall accompany the submittal of each application for a special use permit, variance, or other available means of zoning approval. Notwithstanding anything to the contrary in this chapter 30, applicants desiring to install or construct administrative review-eligible projects shall not be required to obtain a special exception, special use permit, or variance.

(c)

The City shall notify the applicable project applicant by email within ten business days after receiving an incomplete application for any purpose described in subsections (a) or (b) of this section. Such notice shall specify any additional information required to complete the application. Failure by the City to so provide this notice will render the application complete.

(d)

Unless the City and applicant mutually agree to extend the application review period, the City shall approve or disapprove a complete application for any purpose described in subsections (a) or (b) of this section within the following periods of time:

(1)

For a new structure, within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval;

(2)

For the co-location of any wireless facility that is not a small cell facility, within the lesser of 90 days of receipt of the completed application or the period required by federal law for such approval or disapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C. § 1455(a).

Failure by the City to approve any such complete applications within the applicable periods above shall render such applications approved.

(e)

Following disapproval by the City of any application described in subsections (a) or (b) of this section, the City shall provide the applicant with a written statement of the reasons for such disapproval. If the City is aware of any modifications to the project described in the application that if made would permit the City to approve the project, the City will identify them in such written statement. Subsequent disapproval by the City of a project application incorporating such identified modifications may be used by the applicant as evidence in any appeal asserting the City's disapproval was arbitrary and capricious.

(f)

Disapproval by the City of any application described in subsections (a) and (b) of this section shall (i) not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services, and (ii) be supported by substantial record evidence contained in a written record publicly released within thirty days following the disapproval.

(g)

Applications described in section 30-692.4 below shall be subject to subsections (c) through (f) of this section.

(Ord. No. 2018-157, § 2, 6-25-2018)

(Ord. No. 2018-157, § 2, 6-25-2018)