Title 18 - Unified Development Ordinance

18.395.040 Application Approval Authority

1. A.

   Administrative Approval - The Director may approve Applications for Communications Facilities for the following:

   1. 1.

      The Modification of an Existing Tower or Base Station that does not incur a Substantial Change (see definition) to the Tower or Base Station or that otherwise qualifies as an Eligible Facilities Request (see definition). (See C1 for timeframe.)

   2. 2.

      New Small Cell/DAS Facilities on an Existing ROW Monopole, utility pole or street light in the public right-of-way. This provision is also applicable when the Existing ROW Monopole, utility pole or street light is replaced by a ROW Monopole, utility pole or street light that is not a Substantial Change (see definition) from the original or that otherwise complies with the height requirements of Section 18.395.070 A.2.a.  (See C1 for timeframe.

   3. 3.

      New Antenna (including Small Cell/DAS Facilities) on an Existing Tower or Base Station (such as a building) that does not incur a Substantial Change (see definition) to the Tower/Base Station and that: (1) is permitted by right in the underlying zoning district; and (2) meets applicable performance standards.  (See C1 for timeframe.)

   4. 4.

      New Antenna (including Small Cell/DAS Facilities) on an Existing Tower or Base Station (such as a building) that incurs a Substantial Change (see definition) to the Tower or Base Station and that: (1) is permitted by right in the underlying zoning district; and (2) meets applicable performance standards.  (See C2 for timeframe.)

   5. 5.

      New Tower permitted by right in the underlying zoning district that meets applicable performance standards. (See C3 for timeframe.)

   6. 6.

      New ROW Monopole or utility pole for Small Cell/DAS Facilities in the public right-of-way.  (See C2 for timeframe.)

2. B.

   Special Use Permit Approval – A Special Use Permit (SUP) reviewed by the Planning Commission and approved by the Governing Body is required for Applications for Communications Facilities for the following:

   1. 1.

      A Substantial Change (see definition) to an Existing Tower or Base Station that is not permitted by right in the underlying zoning district.  (See C2 for timeframe.)

   2. 2.

      Any other Application for placement, installation or construction of Transmission Equipment that does not constitute an Eligible Facilities Request (see definition).  (See C2 for timeframe.)

   3. 3.

      New Tower that is not permitted by right in the underlying zoning district.  (See C3 for timeframe.)

3. C.

   Application Timeframe

   1. 1.

      A final decision shall be issued for Applications under subsections A1, A2, and A3 within 60 calendar days.

   2. 2.

      A final decision shall be issued for Applications under subsections A4, A6, B1 and B2 within 90 calendar days.

   3. 3.

      A final decision shall be issued for Applications under subsections A5 or B3 within 150 calendar days.

   4. 4.

      The timeframes set forth in subsections C1-C3 begin to run when a completed Application is filed following the pre-application conference. The applicable timeframe may be tolled by mutual agreement or in cases where the City determines that the Application is incomplete. To toll the timeframe for incompleteness, the City may provide written notice to the Applicant within 30 days of receipt of the Application, clearly and specifically delineating all missing documents and information. The timeframe begins running again when the Applicant makes a supplemental submission responding to the City’s notice.  The City then has 10 days to notify the Applicant that the supplemental submission did not provide the information identified in the original notice. The timeframe is tolled in the case of second or subsequent notices pursuant to this subsection. Second or subsequent notices may not specify missing documents or information that were not delineated in the original notice of incompleteness.

4. D.

   Small Cell and DAS Facilities – Consolidated Application and Exemption

   1. 1.

      Consolidated Application – Pursuant to Kansas Statute, an Applicant may file one consolidated Application for a Small Cell Network up to 25 individual Small Cell Facilities of a substantially similar design. Notwithstanding, the City may require a separate Application for any Small Cell Facilities that are not of a substantially similar design.

   2. 2.

      Exemption – No zoning or siting approval is required for the construction, installation or operation of any Small Cell or DAS Facilities located in an interior structure or upon the site of any campus, stadium or athletic facility; provided, however, this exemption does not exempt any such facility from any applicable building or electrical code provision.

(History: Ord. ZRR-3274 §2, 2020; Ord. ZRR-3134 §4, 2016; ZRR-2795 §10, 2009)

Effective on: 1/1/1901