§ 1509.

PLANNING DEPARTMENT REVIEW OF A TIER II-B, TIER III-A, OR TIER III-B FACILITY PERMIT APPLICATION

a.

Referral to Planning Department.

1.

Referral Required.

A.

The Department shall refer an Application for a Tier II-B Facility Permit to the Planning Department for a review of the proposed Personal Wireless Service Facility under the applicable Tier II-B Compatibility Standard.

B.

If the Department determines that an Application for a Tier III-A, or Tier III-B Facility Permit satisfies the Tier III Necessity Standard, the Department shall refer the Application to the Planning Department for a review of the proposed Personal Wireless Service Facility under the applicable Tier III-A, or Tier III-B Compatibility Standard.

2.

Referral Allowed. The Department may refer an Application for a Tier II-A Facility Permit to the Planning Department if the proposed location for the Personal Wireless Service Facility is in the Immediate Vicinity of a Planning Protected or Zoning Protected Location. The Department shall designate such a facility a Tier II-B Facility. The Planning Department shall then review the Application under the Tier II-B Compatibility Standard that would apply to the Planning Protected or Zoning Protected Location that is in the Immediate Vicinity of the proposed Tier II-A Facility.

b.

Planning Department Determination.

1.

The Planning Department shall make a determination whether an Application for a Personal Wireless Service Facility Site Permit referred to the Planning Department under this Section satisfies the applicable Tier II-B, Tier III-A, or Tier III-B Compatibility Standard. The Planning Department’s determination shall be in writing and shall set forth the reasons therefor. The Planning Department shall transmit its determination to the Department within twenty (20) business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Planning Department may extend this review period beyond twenty (20) business days.

2.

The Planning Department’s determination that an Application for a Personal Wireless Service Facility Site Permit satisfies the Tier II-B of Tier III-B Compatibility Standard for a Zoning Protected Location may include a Condition that the Personal Wireless Service Facility not obstruct the view from or the light into any adjacent residential window.

c.

Affirmative Determination Required. The Department shall not approve an Application for a Tier II-B, Tier III-A, or Tier III-B Facility Permit unless the Planning Department makes a determination that the Application satisfies the applicable Tier II-B, Tier III-A, or Tier III-B Compatibility Standard.

History

(Added by Ord. 12-11, File No. 100041)

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