§ 7. TUP APPLICATION PROCESS.

A.

District #1 and District #3. TUP applications for attached WCF's, antenna array, and WCF's proposed to be operated, installed, maintained, and constructed in District #1 or District #3 shall be submitted to the building official for consideration in accordance with Section 6 [of this Appendix D]. The building official shall grant a TUP to the TUP applicant within thirty (30) days from the filing of the TUP application if the TUP application complies with the provisions of Section 8A [of this Appendix D]. The building official may elect to extend said thirty-day period for an additional thirty (30) days for purposes of necessary technical review upon written notification to the TUP applicant prior to the expiration of the initial thirty-day review period. If the TUP application does not comply with the provisions of Section 8A [of this Appendix D], then the building official shall deny the TUP application. In the event of a denial of a TUP application by the building official, the TUP applicant may appeal the decision of the building official to the zoning board of appeals pursuant to Section 13 [of this Appendix D]. If the building official fails to render a decision within the time frame(s) stated above, then the TUP application shall be deemed to have been granted by the building official in accordance with the terms of the TUP application.

B.

District #2. TUP applications for WCF's, attached WCF's and antenna array proposed to be operated, installed, maintained, and constructed in District #2 shall be submitted to the building official for administrative review in accordance with Section 6 [of this Appendix D]. The building official shall conduct an administrative review of the TUP application to determine compliance with the provisions of Section 8B [of this Appendix D] for period not to exceed thirty (30) days. the building official may elect to extend said thirty-day administrative review period for an additional thirty (30) days for purposes of conducting necessary technical review upon written notification to the TUP applicant prior to the expiration of the initial thirty-day administrative review period. Upon the conclusion of the building official's administrative review, the building official shall submit a written report to the plan commission stating the findings of the building official's administrative review. Within five (5) days after the conclusion of the building official's administrative review, the building official shall set the TUP application for public hearing at the next regularly scheduled plan commission meeting. Notice of the public hearing shall be published in a newspaper of general circulation in the city not less than fifteen (15) days nor more than thirty (30) days from the date of the public hearing. The plan commission shall consider the TUP application at the public hearing, at which time interested persons may appear and offer testimony and evidence in support of or in opposition to the TUP application. The plan commission shall consider the following in reaching a decision on the TUP application:

1.

TUP criteria. The TUP application shall be reviewed for compliance with the provisions of Section 8B [of this Appendix D].

2.

Tower siting conditions. The plan commission may deny a TUP application requesting a TUP in District #2 or may impose additional conditions and restrictions on the TUP as it deems necessary to reduce or minimize any adverse effects or to otherwise enhance the compatibility of the attached WCF, antenna array, or WCF with the surrounding property in accordance with the purposes and intent of this ordinance [Appendix D]. The violation of any such condition imposed shall be grounds for revocation of the TUP. The plan commission may deny the TUP application or may impose such additional conditions and restrictions on the TUP only after making the following findings:

a.

The attached WCF, antenna array, or WCF would result in significant adverse visual impact, adverse aesthetic impact, adverse impact on property values on the surrounding neighborhood, or the non-compliance with the standards stated in paragraph 8B [of this Appendix D]; and

b.

The denial, or the additional conditions or restrictions, are based upon the purposes and goals of this ordinance [Appendix D].

The plan commission shall submit a written recommendation to the city recommending the grant or denial of the TUP application within thirty-five (35) days after the public hearing. The recommendation shall be in writing and be supported by substantial evidence contained in a written record. Upon receipt of the plan commission's recommendation, the city shall consider the recommendation and the TUP application. Within thirty (30) days of receipt of the plan commission's recommendation, the city shall grant or deny the TUP application. In the event the TUP application is denied by the city, the TUP applicant may seek judicial review of the city's decision pursuant to the FTA.