Title 18 - Unified Development Ordinance

18.395.080  Application Denial

A.  The City may deny an Application for any of the following reasons:  

     1.  Failure to submit any or all required Application documents and information.

     2.  Conflict with safety and safety-related codes and requirements.

     3.  Conflict with the historic nature or character of the surrounding area pursuant to federal or state law.

     4.  The use or construction of a Communications Facility which is contrary to an already stated purpose of a specific zoning or land use designation.

     5.   The placement and location of the Communications Facility would create an unacceptable risk, or the reasonable probability of such, to residents, the public, businesses, City employees, or employees of the Wireless Service provider.

     6.  Conflict with a public health, safety and welfare issue, including, but not limited to, violation of noise ordinance, flashing or other light nuisance, and conflict with required sidewalk widths (including ADA accessibility requirements).

     7.   Conflict with planned future public improvements.

    8. Conflict with or violation of any provision contained within this Chapter or any other applicable City code or with any applicable federal or state law.

B.  In the event of a denial, the Approval Authority or the City shall notify the Applicant in writing of the City’s final decision, supported by substantial evidence contained in a written record and issued contemporaneously.  Such notice shall be made within the applicable timeframe set forth in Section 18.395.040 C.

C.  Any denial shall not discriminate against the Applicant with respect to the placement of Communications Facilities of other investor-owned utilities, Wireless Service providers, wireless infrastructure providers or wireless carriers.

(History: Ord. ZRR-3134 §8, 2016)

Effective on: 9/27/2016