Part 13 — WIRELESS FACILITY ENCROACHMENT PERMIT

To address the growing proliferation of wireless telecommunication facilities being erected throughout the City, the wireless facility encroachment permit is established to ensure that such facilities will not detract from the overall quality and appearance of the city’s commercial and industrial neighborhoods, and will not adversely affect the health, safety and welfare of residents.

(Ord. 1346, passed 5-2-12)

Applications for a wireless facility encroachment permit shall be processed in accordance with these guidelines. (A) Written notice. The Director of Public Works shall be responsible for providing written notice of the application to all property owners within a 300-foot radius of the proposed facility at least 15 days prior to issuing the permit.

(B) Review. The Director shall then review the application, considering all comments provided by the public and pertinent facts.

(Ord. 1346, passed 5-2-12)

The Director of Public Works may impose conditions and/or require guarantees for the wireless facility encroachment permit to ensure compliance and to prevent adverse or detrimental impacts to the surrounding neighborhood. Wireless facility encroachment permits shall be granted when the Director determines that the proposed use or activity complies with all of the following findings.

(A) Safety and welfare. The facility will not be detrimental to the public interest, health, safety, convenience or welfare.

(B) Aesthetic impacts. The facility will not significantly result in adverse aesthetic impacts.

(C) Development standards and permit requirements. The facility complies with all development standards and permit requirements outlined in subchapter 153.180, Antennas and Other Telecommunications Facilities. (Ord. 1346, passed 5-2-12)

The authorized signature of the Director of Public Works, or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a wireless facility encroachment permit.

(Ord. 1346, passed 5-2-12)