16.10.150 Planning commission review

16.10.150 Planning commission review.

The planning commission is authorized to review, analyze, evaluate and make decisions with respect to reviewing special use permits for tall structures.

1. A public hearing must be held by the planning commission within forty-five (45) calendar days of receipt of a complete application;

2. The commission shall render a written decision within thirty (30) days from the close of the public hearing.

B. The planning commission may impose conditions on a tall structure permit:

1. Required to ensure compliance with the design criteria specified in BMC 16.10.110; and

2. That are consistent with the purposes of this chapter, which may include conditions related to the aesthetic effect of the tall structure and compatibility with the surrounding area. Factors relevant to aesthetic effects are:

a. The protection of the view in sensitive or particularly scenic areas;

b. The concentration of tall structures in the proposed area; and

c. Whether the height, design, placement or other characteristics of the proposed facility could be modified to have a less intrusive visual impact.

3. Conditions for Approval. Conditions set by the planning commission for a special use permit may include, but are not limited to, the following:

a. Height limitations;

b. Increased height or structural capacity of a proposed tall structure to accommodate future collocation;

c. Mitigation of drainage concerns;

d. Tower type (monopole, lattice, guyed);

e. Color;

f. Landscaping;

g. Parking;

h. Screening;

i. Security;

j. Signage;

k. Visibility and/or camouflaging;

l. Lighting;

m. Setbacks greater than those required under the applicable zoning regulations; and

n. Any other conditions deemed appropriate to protect the public health, safety and general welfare.

C. The planning commission may deny an application for any of the following reasons:

1. Conflict with safety and safety-related code or requirement;

2. Conflict with the purpose of a specific zoning, overlay, or land use designation;

3. Presence of another approved tall structure or tall structure application within the geographic search area, which is available to the applicant;

4. The proposed site is on, or eligible to be on, the National Register of Historic Places;

5. The applicant’s failure to demonstrate that no existing structure or tower can accommodate the applicant’s proposed use without increasing the height of another existing tower or structure or otherwise creating a greater visual impact; or that use of other existing facilities is technically infeasible or commercially impracticable; and

6. Conflicts with the provisions of this article.

D. The planning commission shall deny any application for a tall structure in the following locations:

1. State or local wildlife refuges; and

2. In any area designated as a public park, unless screened so as to minimize visual and noise impacts, and as long as public use of the public park will not be disrupted.

E. Any and all representations made by the applicant to the planning commission on the record during the application process, whether written or verbal, will be deemed a part of the application and may be relied upon in good faith by the planning commission.

F. In granting or denying a special use permit, the planning commission shall make written findings on whether the applicant has demonstrated that:

1. The location chosen complies with the location preferences set out in BMC 16.10.050;

2. To the extent that is technically feasible and potentially available, the location of the tall structure is such that its negative effects on the visual and scenic resources of all surrounding properties have been minimized;

3. The tall structure will not interfere with the approaches to any existing airport or airfield; and

4. Granting the permit will not be harmful to the public health, safety, convenience, and welfare.

G. The planning commission’s decision shall be in writing and must include written findings of fact contained in the administrative record, including without limitation any oral evidence presented at a public hearing for the tall structure.

H. If the planning commission denies a request to place, construct or modify a tall structure, the applicant may, within fifteen (15) calendar days from the postmarked date of the decision, appeal the planning commission’s decision in accordance with BMC 16.10.270. [Ord. 15-27 § 3.]