§ 29-42. Action on an application for a special use permit for wireless telecommunications facilities.

(a)

The city will undertake a review of an application pursuant to this article in a timely fashion, 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 or other committee for a non-binding recommendation.

(c)

After the public hearing and after formally considering the application, the city may approve, approve with conditions, or deny a special 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 grant of the permit shall always be upon the applicant.

(d)

If the city approves the special use permit for wireless telecommunications facilities, then the applicant shall be notified of such approval in writing within ten (10) calendar days of the city's action, and the special use permit shall be issued within thirty (30) days after such approval.

Except for necessary building permits, and subsequent certificates of compliance, once a special use permit has been granted hereunder, no additional permits or approvals from the city, such as site plan or zoning approvals, shall be required by the city for the wireless telecommunications facilities covered by the special use permit.

(e)

If the city denies the special use permit for wireless telecommunications facilities, then the applicant shall be notified of such denial in writing within ten (10) calendar days of the city's action.

(Ord. No. 2003-19, § 17, 1-5-03)