Sec. 153.608 - Required findings for approval.

(A)

It is the applicant's burden to show that a WCF permit should be granted. All WCF permit applications shall be reviewed and approved, approved with conditions, or denied by the Planning Commission, except those applications to be reviewed and acted upon by the Architectural and Site Review Administrator, or Planning Director, pursuant to Sections 153.609 and 153.610, below. In reviewing an application, the Planning Commission, Architectural and Site Review Administrator, or Planning Director may consider the WCF as proposed, and as it may be modified as a matter of right should the application be granted. When considering an application, the Planning Commission, Architectural and Site Review Administrator, or Planning Director may consider any matter it is entitled to or required to consider as a matter of law. To approve an application, the Planning Commission or Architectural and Site Review Administrator must make the following findings:

(1)

The application was deemed complete by the Planning Director;

(2)

The application is consistent with the design standards set forth in Section 153.607, above;

(3)

The WCF and support structure additions and modifications proposed are consistent with the General Plan and will not adversely affect the policies and goals set forth therein or alter the rural character of the community;

(4)

The WCF and support structure modifications and additions proposed, comply with the design standards herein, and other applicable provisions of the Code;

(5)

The WCF and support structure modifications and additions proposed comply with applicable safety codes and laws (including without limitation the ADA);

(6)

The WCF and support structure modifications and additions do not interfere with the public's use of rightsof-way, or create undue risks to persons or property;

(7)

The applicant has made the required affirmation regarding compliance with the FCC's RF regulations, as the same may be amended;

(8)

The applicant was authorized to file the application;

(9)

The applicant has or will have necessary local, state or federal regulatory approvals required in connection with the WCF (including but not limited to necessary CEQA approvals, if any; and approvals for structures on private property); and

(10)

Alternative designs or locations were considered and the proposed design is more consistent with the General Plan and otherwise minimizes the impact of the WCF and support structure modifications and additions to the greatest extent possible.

(B)

Notwithstanding any other provision of this section, if in the opinion of the Planning Director, in consultation with the Town Attorney, any of the provisions of this section are preempted or prohibited by state or federal law, the Planning Commission or Architectural and Site Review Administrator may approve an application despite any inconsistencies with this Code.

(C)

A WCF located on private property shall also be subject to any design review provisions of this Code to the extent that it involves a modification to a support structure which is subject to separate review under this Code.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)

Sec. 153.609 - Section 6409(a) modification applications.

(A)

An application designated by the applicant as a Section 6409(a) modification, or determined by the Planning Director to be a Section 6409(a) modification, shall be reviewed and approved, approved with conditions, or denied by the Planning Director.

(B)

Pursuant to 47 U.S.C. section 1455(a), the Planning Director shall approve a Section 6409(a) modification except when:

(1)

The collocation or modification would result in a substantial change (as defined in Section 153.602 above) to the exiting wireless tower or base station;

(2)

The collocation or modification would violate any applicable building code, electrical code, structural code, fire code or any other law, regulation, rule or prior condition of approval based on objective factors and reasonably related to public health and safety;

(3)

The collocation or modification involves the replacement of the wireless tower or other support structure; or

(4)

47 U.S.C. Section 1455(a) does not apply to the collocation or modification for any lawful reason.

(C)

Any denial of a Section 6409(a) modification shall be without prejudice. Subject to Section 153.608(D), the applicant may submit the same or substantially the same WCF permit application, together with all required fees and deposits, for either a WCF permit or a Section 6409(a) Modification permit.

(D)

The Town shall be entitled to recover the reasonable costs for its review of any Section 6409(a) modification permit application, whether approved, deemed-granted or denied without prejudice. In the event that the Planning Director denies a Section 6409(a) modification permit, the Town shall return any unused deposit fees within 60 days after a written request from the applicant. If the funds in the deposit account do not cover the reasonable cost for the Town's review, an applicant shall not be allowed to submit an application for the same or substantially the same change unless all fees/deposits for the prior-denied WCF permit application are paid in full.

(Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)