Chapter 17.95 COMMUNICATIONS AND UTILITIES

Chapter 17.95
COMMUNICATIONS AND UTILITIES

Sections:

17.95.010 Communication/wireless telecommunications facilities.

17.95.020 Permits required.

17.95.030 Development standards.

17.95.040 Operational standards.

17.95.050 Eligible facilities requests.

17.95.060 Change in law/ministerial permitting.

17.95.070 Emergency standby generators.

17.95.010 Communication/wireless telecommunications facilities.

(A) Purpose and Intent. It is the purpose of these standards to encourage and facilitate a wide variety of communication services and providers to serve businesses and citizens within the City. The City desires to avoid adverse health or aesthetic impacts on the community resulting from the unregulated proliferation of communication/wireless telecommunications facilities throughout the City, and to ensure for the protection of the general health, safety, and welfare of the community and the integrity of public rights-of-way and assets. This Section is adopted to set forth the goals and policies of the City that will be used to regulate the approval, installation, and operation of major and minor wireless commercial communications services and facilities within the City. This Section is not intended to apply to satellite dish antennas or to wireless telecommunications facilities in the right-of-way, which are regulated in PMC Title 12 (Streets, Sidewalks, and Public Places).

(B) Definitions. For the purposes of this Section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Antenna” shall mean that part of a communication facility designed to radiate or receive radio frequency signals.

“Antenna, amateur radio” shall mean any antenna that is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission. The term “amateur radio antenna” is interchangeable with the term “ham radio antenna.”

“Antenna/antenna structure” shall mean collectively the antenna and its supporting structure, if any.

“Antenna/antenna structure height” shall mean the distance from the highest point of the antenna/antenna structure to the natural grade at the point the structure touches, or, if extended, would touch the ground.

“Antenna, compact horizontal” shall mean a horizontal antenna the longest dimension (boom or element) of which does not exceed 10 feet.

“Antenna, ground-mounted” means mounted to a telecommunications tower.

“Antenna, horizontal” or “horizontal array” shall mean an antenna with horizontally oriented radiating element(s) and/or boom other than a compact horizontal antenna.

“Antenna, nested position” shall mean the position in which a retractable antenna/antenna structure is fully retracted.

“Antenna, single element wire” shall mean an antenna consisting of a single wire typically made of 14 or 12 gauge copper clad wire attached and suspended between supports.

“Antenna structure” shall mean the supporting mast, pole, or tower of one or more antenna(s).

“Antenna structure, retractable” shall mean an antenna structure that is designed to be adjusted in height in order to be extended while the antenna is in use but lowered in a retracted position when the antenna is not in use.

“Antenna, vertical or whip” shall mean an antenna that extends vertically, directly up from its base or structural support.

“Cellular” shall mean an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

“Collocation” shall mean the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

“COW” shall mean a “cell on wheels,” which is a communication facility temporarily rolled in or temporarily installed.

Communications/Wireless Telecommunications Facility. See PMC Chapter 17.16 (Definitions).

Communication/Wireless Telecommunications Facility, Major. See PMC Chapter 17.16 (Definitions).

Communication/Wireless Telecommunications Facility, Minor. See PMC Chapter 17.16 (Definitions).

“Eligible facilities request” shall have the meaning stated in 47 U.S.C. Section 1455(a), as that statute may be amended or superseded, and means an existing wireless tower or base station that involves collocation of new transmission equipment or the replacement of transmission equipment that does not constitute a substantial modification.

“Macro cell tower site” shall have the meaning set forth in Government Code Section 65850.75 as it may be amended from time to time. As of the effective date of the ordinance codified in this Title, Subsection (a)(3) of that Section provides: “Macro cell tower site means the place where wireless telecommunications equipment and network components, including towers, transmitters, base stations, and emergency powers necessary for providing wide area outdoor service, are located. A macro cell tower site does not include rooftop, small cell, or outdoor and indoor distributed antenna system sites.”

“Modification” shall mean a change to an existing structure that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. “Modification” does not include repair, replacement, or maintenance if those actions do not involve a change to the existing structure.

“Monopole” shall mean a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, monoeucalyptus, monocactus, and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower).

“Small wireless facility” shall have the meaning set forth in 47 C.F.R. Section 1.6002(l), as that regulation may be amended or superseded.

“Stealth telecommunications facility” shall mean a telecommunications facility as defined in this Section which by its size, location, design, or combination of such measures, causes the facility to be aesthetically integrated into the surrounding environment so as not to readily be seen or recognized.

“Substantial modification” has the same meaning as provided in 47 C.F.R. Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this Section organizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.

(a) For towers outside the public rights-of-way, a substantial change occurs when:

(i) The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater);

(ii) The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater);

(iii) The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

(iv) The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

(b) For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

(i) The proposed collocation or modification increases that overall height more than 10 percent or 10 feet (whichever is greater);

(ii) The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station;

(iii) The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets;

(iv) The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted cabinets;

(v) The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

(i) The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the City; or

(ii) The proposed collocation or modification violates a prior condition of approval as regards to height, width, number and size of equipment cabinets or any excavation that is inconsistent with the thresholds for a substantial change described in this Section.

(d) As to all measurements set forth herein, the following principles shall govern:

(i) Any threshold or limit of height increases are cumulative or collective; or

(ii) For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012, the date of passage of the Middle-Class Tax Relief and Job Creation Act of 2012, Section 6409(a).

“Telecommunications tower” shall mean a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support communication facility antennas.

“Transmission equipment” shall have the same meaning as provided in 47 C.F.R. Section 1.40001(b)(8), as may be amended.

“Wireless telecommunications services” shall mean the provision of services using a communication facility or a wireless telecommunications collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. Section 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications. (Ord. 1603 § 4 (Exh. I), 2023)

17.95.020 Permits required.

(A) Communication/wireless telecommunication facilities are subject to review in all residential, commercial, industrial, and special purpose zones according to the permissions tables in Divisions 3 through 7 of this Title.

(B) General Rule – Conditional Use Permit Required. Unless otherwise provided in this Title, all new wireless facilities, except for small cells, collocations, or modifications to existing wireless facilities, shall require a conditional use permit.

(1) The Review Authority may refer a conditional use permit to the City Council for approval.

(2) The Review Authority shall approve a conditional use permit if all of the following apply:

(a) The facility will comply with all applicable laws including, but not limited to:

(i) The Americans with Disabilities Act;

(ii) All building and safety requirements, including those within the California Building Standards Code, as amended by the City and the latest version of TIA ANSI 222, to the extent that such standards are more restrictive than the otherwise applicable requirements;

(iii) All applicable current requirements of the FCC and OSHA (Occupational Safety and Health Administration), including requirements relating to radiofrequency (RF) emissions and limits on interference;

(iv) The requirements of this Chapter;

(v) Either the City has issued all required encroachment permits or it is a condition of the issuance of the permit that no installation begin in reliance on the permit until the City has issued all required encroachment permits.

(3) A facility that obtains an administrative permit as allowed within the permissions tables specified within Division 3 through 7 of this Title need not obtain a conditional use permit.

(1) The Director shall approve an administrative permit pursuant to PMC § 17.26.040 (Minor modifications to approved plans) if it is in compliance with PMC § 17.95.030 (Development standards) and if all of the following apply:

(a) The application is for:

(i) Small wireless facility; or

(ii) A collocation or modification of wireless telecommunication equipment on an existing eligible facility which does not create a substantial modification.

(b) The facility will comply with all applicable laws including, but not limited to:

(i) The Americans with Disabilities Act;

(ii) All building and safety requirements, including those within the California Building Standards Code, as amended by the City, and the latest version of TIA ANSI 222, to the extent that such standards are more restrictive than the otherwise applicable requirements;

(iii) All applicable requirements of the FCC and OSHA including requirements relating to RF emissions and limits on interference; and

(iv) The requirements of this Chapter.

(2) The proposed facility will be installed on an existing support structure that meets all of the following requirements:

(a) The facility will match the design of the pole; and

(b) If feasible, all equipment installed on the pole will be the same color as the pole.

(D) Batched Application. An applicant, or its agent of record, may submit applications for multiple small wireless facilities or locations with the following conditions that are intended in order to assure compliance with the FCC’s “Shot Clock” requirements:

(1) No single batched submittal shall contain more than five applications;

(2) There must be a minimum of seven business days between submittals of batched applications; and

(3) No more than four batched applications shall be accepted in any 30-consecutive-day period.

(E) Other Permits Required. In addition to any permit that may be required under this Chapter, the applicant must obtain all other required prior permits or other approvals from other City departments, or State or Federal agencies. Any permit granted under this Chapter shall be subject to the conditions and/or requirements of other required permits or other approvals from other City departments, State, or Federal agencies.

(F) Speculative Equipment Prohibited. The City shall not approve any equipment or other improvements in connection with a wireless telecommunications facility approval when the applicant does not actually and presently intend to install such equipment or construct such improvements within 180 days.

(G) Any application for eligible facilities which does not include a substantial modification request shall be approved administratively pursuant to PMC § 17.26.040 (Minor modifications to approved plans) if it is in compliance with PMC § 17.95.030. In cases of collocation, an applicant may, at their discretion, choose to pursue a new conditional use permit pursuant to PMC Chapter 17.22 (Conditional Use Permits) in order to separate insurance and liability requirements and have individualized conditions of approval. This new conditional use permit shall, however, not extend the life of the original conditional use permit for the initial facility or pole structure.

(H) Supplemental Information.

(1) Permit applications for all communication/wireless telecommunication facilities shall be accompanied by the following supplemental materials, unless waived by the Director:

(a) A preliminary report that quantifies the project’s electromagnetic frequency (EMF) radiation exposures and power levels, and compares them with adopted standards;

(b) A plan for the ongoing security and inspection of the facility as applicable, which may include but not be limited to provisions for fencing, anti-climbing devices, elevated ladders on towers, and monitoring, to prevent unauthorized access and vandalism;

(d) A facilities propagation map to ensure that maximum utilization and efficient use of limited communications sites will be achieved. Such a map shall be at a scale no smaller than one inch equals one-half mile and shall include the corporate boundaries of the City and the City’s sphere of influence; and

(e) For a proposed facility within the area affected by the Air Installation Compatible Use Zone (AICUZ), a report demonstrating compliance with Joint Land Use Committee Policies, including siting and electronic signal interference considerations, and compliance with FAA Regulation 77 (Height and Obstruction Criteria). (Ord. 1603 § 4 (Exh. I), 2023)

17.95.030 Development standards.

(A) Site Standards. In addition to compliance with all other applicable statutes, ordinances, standards, and policies, the following standards shall apply to all communication/wireless telecommunication facilities as allowed in PMC § 17.95.020(B):

(1) Setbacks.

(a) Setbacks are those specified for primary buildings within the respective zone;

(b) Antenna structures or towers shall not be placed in any front setback or street side setback;

(c) Antenna structures shall be located a minimum of 40 feet from any property zoned or legally used for residential use, unless such location is required for the proper operation of the system, based on the evidence and conclusions of a technical analysis supporting such precise placement;

(d) For antenna structures exceeding 160 feet in height, fall zones shall not cross places of public assembly, including but not but limited to community assembly uses or schools;

(e) Antenna structures exceeding 250 feet in height shall have fall zones established that encompass a circular area from the base of the tower whose radius exceeds the height of the tower; and

(f) A major facility must be located minimum 1,000 feet from the nearest existing, legally established major facility (except in the event that such a facility is collocated with another facility).

(2) Height.

(a) The maximum height is that as specified for primary structures within the respective zone. Heights a maximum of 20 feet in excess of the height limit for a primary building in the underlying zone may be approved through conditional use permit approval. Additional height may be granted if the Review Authority determines that:

(i) No feasible alternate location or design is possible;

(ii) That the increase in height is for community benefit; and

(iii) That there are circumstances that do not allow the antenna to meet the height standards for the respective zone.

(3) Landscaping.

(a) Communication/wireless telecommunications facilities shall contain landscape screening around any accessory structure. Landscaping shall consist of a combination of vines, ground cover, and trees of a minimum of 24-inch box size container at the time of planting.

(b) Required landscaping may be waived at the discretion of the Review Authority.

(4) Fencing. Communication/wireless telecommunications facilities shall be screened and enclosed by use of the following materials:

(a) Where visible from freeways, regional or crosstown streets, or a less intensive land use district, decorative masonry block, or similar decorative materials or combination thereof shall be used; and

(b) Where a communication/wireless telecommunications facilities site is adjacent to a residential zone or site legally in use for a residential purpose, a solid decorative block wall, a minimum six feet in height, shall be placed between the facility and the adjacent residential property. Walls up to eight feet in height may be approved at the discretion of the Review Authority.

(B) Design Standards.

(1) All communication/wireless telecommunications facilities shall be reviewed for compliance with the General Plan and this Title, including but not limited to the following:

(a) A facility shall not create or increase nonconformances to the site, such as a reduction of required parking, landscaping, trash enclosures, loading zones, or other required site features.

(b) A facility shall conform to any Specific Plan, area plan, comprehensive development plan, or other applicable development guidelines.

(c) The height and mass of communication/wireless telecommunications facilities should be the minimum necessary for the applicant’s activity, commensurate with technical, safety, and visual considerations.

(d) Structures shall be located on existing buildings and below or integral with the skyline wherever possible.

(e) Facilities that rise above the horizon line shall be painted in nonreflective blue or gray or other colors to blend with the surrounding environment as required by the Review Authority.

(f) Microwave antennas shall be constructed of open mesh materials as opposed to solid materials.

(g) Antenna structures shall be finished in a neutral color to blend in with the immediate surroundings and must not be designed as a replica of any tree species that do not naturally occur in the surrounding environment. Antennas mounted on buildings must be of a color and finish that matches that of the building and shall be screened by RF transparent materials that match the color and finish of the building.

(h) Highly reflective surfaces conducive to glare are prohibited.

(i) No form of advertising or identification shall be allowed on the dish or supporting structure other than a manufacturer’s identification tag.

(j) The display of any sign or other graphics on an antenna or support structure shall be prohibited except for public warning signs, which signs must be placed no higher than eight feet above the base of the antenna.

(k) Antennas and transmitter equipment on rooftops and projecting from walls shall be screened from view unless made an integral part of the design of the building. All antennas and architectural screening shall, to the extent possible, be compatible and integrated with the existing structure. The antenna and equipment building shall be located as far from the edge of the building as possible while still maintaining system performance.

(1) All communication/wireless telecommunications facilities shall be reviewed for compliance with structural engineering, building, electrical, and fire code standards, and other applicable construction standards. In addition, communication/wireless telecommunications facilities must comply with the following:

(a) Antennas and structures must be designed and constructed to achieve all lateral load standards contained in the Uniform Building Code (UBC);

(b) Any metallic support structures must be bonded to a grounding rod;

(d) All wires, cables, and utility lines must be placed underground, except cables attached flush to the surface of a building or to the structure of the antenna. All underground wires and utility lines shall follow the path of least damage; and

(e) Equipment must meet all manufacturer’s specifications and all antennas and screens must have an outer finish with fire-resistive and corrosive-resistant material.

(2) Conformance with PMC Chapter 12.04 (Underground Utilities). All communication/wireless telecommunications facilities that are the subject of this Section are determined to have the definition of “utility” as it is defined by PMC § 12.04.010(F) and shall be subject to the provisions of PMC Chapter 12.04 (Underground Utilities), pertaining to underground utilities and encroachment into public rights-of-way. (Ord. 1603 § 4 (Exh. I), 2023)

17.95.040 Operational standards.

(A) Time Limits. The duration of the approval period for a major facility or a minor facility shall be 10 years. An extension of the approval of the permit may be granted by the Review Authority. New conditions of approval may also be applied to an approval for extension, as may be deemed necessary based upon changing conditions or development in the surrounding area.

(B) Subsequent EMF Report. A subsequent report shall be submitted within six months that quantifies cumulative field measurements of electromagnetic frequency (EMF) radiation power densities and exposures from all antennas installed at or near the subject site. The report shall contain a comparison of the measured results within applicable FCC standards. Failure to prepare and submit the subsequent report by the applicant, or the determination of the City that the project does not meet applicable FCC standards, may constitute grounds for revocation of the conditional use permit.

(C) Permittees may be required to post a bond or other suitable security as a condition of the conditional use permit to guarantee removal of discontinued or abandoned facilities, and repair of damage to sites, including revegetation.

(D) Discontinued Use. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Director in writing in the event that use of the facility is discontinued for any reason. In the event that the discontinued use is permanent, the owner(s) and/or operator(s) shall promptly remove the facility and repair any damage to the premises caused by such removal. All such removal and repair shall be completed within 90 days after the use is discontinued and shall be performed pursuant to applicable zoning and health and safety codes requirements. For purposes of this Chapter, discontinued uses shall be permanent unless the facility is reasonably likely to be operative and used within the immediately following three-month period.

(E) Abandonment. Antennas, towers, and accessory structures that have been determined to be inoperative or abandoned for a period of six months shall be removed, unless a new application to reestablish two uses is filed with the City.

(F) Removal by City. The City may remove an abandoned facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as appropriate to be in compliance with applicable code at any time:

(1) After 30 days following the notice of abandonment; or

(2) Following a notice of the decision by the Director, subject to the owner/operator’s right of appeal pursuant to this Title. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefor is made. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed by the City to be appropriate.

(G) Penalties. The operator of the facility and the owner(s) of the premises upon which it is located shall be in violation of this Section for failure to timely comply with any requirements hereunder. Each such person shall be subject to penalties for each such violation, pursuant to this Title.

(H) City Lien on Property. Until the cost of removal, repair, restoration, and storage is paid in full, a lien shall be placed on the abandoned personal property and any real property on which the facility was located, for the full amount of the cost of removal, repair, restoration, and storage. The Director shall cause the lien to be recorded in the County of Los Angeles Recorder’s Office. (Ord. 1603 § 4 (Exh. I), 2023)

17.95.050 Eligible facilities requests.

Eligible facilities requests shall be processed as a minor modification pursuant to PMC § 17.26.040 (Minor modifications to approved plans). All terms used in this Chapter shall have the same meaning as defined in 14 U.S.C. 1455 and any related Federal regulations as they may be amended from time to time.

(A) Other Permits Required.

(1) Notwithstanding the foregoing, any eligible facilities request shall obtain any other required permit(s) (e.g., encroachment permit, building permit) prior to commencement of construction.

(2) For facilities in the right-of-way, see PMC Title 12 (Streets, Sidewalks and Public Places).

(B) Application.

(1) Each request for an exemption submitted pursuant to this Chapter shall be accompanied by a complete, duly executed minor modification application pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

(2) The granting of an eligible facilities request shall not extend the remaining term for the underlying communication/wireless telecommunications facilities. (Ord. 1603 § 4 (Exh. I), 2023)

17.95.060 Change in law/ministerial permitting.

(A) If it is determined by the City Attorney that this Title requires a discretionary permit (e.g., conditional use permit), but State or Federal law prohibits discretionary permitting requirements, such requirement shall be deemed severable, and all remaining regulations shall remain in full force and effect. Such a determination by the City Attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a site plan review or a conditional use permit, administrative approval shall be required prior to installation or modification of a communication/wireless telecommunications facilities, and all provisions of this Chapter that would otherwise apply to the discretionary permit shall be applicable to any such facility with the exception that the required application shall be reviewed and administered as a ministerial application by the Director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the Director shall be imposed and administered as reasonable time, place, and manner rules.

(B) Notwithstanding Subsection (A) of this Section, the determination that would otherwise be made by the City Attorney may be made by the Director if the Director’s determination is made upon a form approved by the City Attorney which is designed to ensure compliance with the requirements of this Chapter.

(C) If subsequent to the issuance of the written determination pursuant to Subsection (A) or (B) of this Section, and before application approval, the City Attorney determines that the law has changed and that discretionary allowing is permissible, the City Attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The City Attorney’s written determination shall be a public record. (Ord. 1603 § 4 (Exh. I), 2023)

17.95.070 Emergency standby generators.

(A) General. An emergency standby generator proposed to be installed to serve a macro cell tower site shall be an allowed use and the City shall review an application to install such emergency standby generator on an administrative, nondiscretionary basis pursuant to an application filed pursuant to PMC § 17.26.040 (Minor modifications to approved plans) if it meets all of the following standards:

(1) The emergency standby generator is rated below 50 horsepower, compliant with applicable air quality regulations, has a double-wall storage tank, not to exceed 300 gallons, and is mounted on a concrete pad;

(2) The macro cell tower site at which the emergency standby generator is proposed to be installed is an existing site that was previously permitted by the City;

(3) The emergency standby generator complies with all applicable State and local laws and regulations, including building and fire safety codes;

(4) The physical dimensions of the emergency standby generator and storage tank are cumulatively no more than 250 cubic feet in volume; and

(5) The emergency standby generator shall be located not more than 100 feet from the physical structure of the macro cell tower or base station.

(B) Request. When the City receives an application pursuant to PMC § 17.26.040 (Minor modifications to approved plans) to install an emergency standby generator that meets the requirements in Subsection (A) of this Section, the City shall approve or deny the application within the established time limits, subject to both of the following:

(1) If the application is determined not to be complete, the City’s determination shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. In any subsequent review of the application determined to be incomplete, the City shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete;

(2) Upon receipt of any resubmittal of the application, a new review period shall begin, during which the City shall determine the completeness of the application; and

(3) The City shall not require any new or different information for the permit applications than it routinely requires for applications for other emergency standby generators.

(1) A completed application that the City has not approved or denied within the established time frame or upon expiration of any tolling period shall be deemed approved.

(2) This Section does not prohibit the City from revoking, through the appropriate process, the permit or approval status for an emergency standby generator that is determined to violate an applicable State or local law or regulation, including building and fire safety codes, or from otherwise enforcing State and local law with respect to the emergency standby generator.

(D) Multiple Permits. When the City requires more than one permit application for the installation of an emergency standby generator, all applications submitted concurrently shall be issued within the period set forth in Subsection (B) of this Section.

(E) Authorization. The City shall not require the applicant to submit proof of consent or other authorization from an underlying property owner as part of the initial application for an emergency standby generator permit; however, the applicant shall not install the emergency standby generator until the applicant provides documentation to the City.

(F) Application Fee. Applicants shall be required to pay all fees applicable to the proposed development, which fees may be established by City Council resolution. (Ord. 1603 § 4 (Exh. I), 2023)