Zoning Ordinance

b) Staff shall issue comments to the Applicant within this 30-day time frame so that the Applicant can address any identified deficiencies. Once comments have been addressed, Staff shall notify the Applicant in writing that the Application is complete. As applicable, the Staff or the Board of Zoning Appeals shall then either approve, approve with conditions, or deny the Application within sixty (60) days of the date the Application is determined to be complete. If the City does not make a final decision within the required sixty (60) days, the Application shall be deemed to be approved as submitted.

c) An applicant claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of the Staff or Board of Zoning Appeals in the administration of this Ordinance may appeal the action to the Board of Zoning Appeals. Such appeal must be taken within thirty (30) consecutive calendar days of the final action by the Staff or Board of Zoning Appeals. The appeal shall be filed with the Staff along with an appeal fee of one hundred dollars ($100). The Staff will fix a reasonable time for hearing the appeal and give public notice, as well as written notice to the appellant and the owner of right-of-way or property (if different from the jurisdiction) at least ten (10) days prior to the hearing.

d) An applicant claiming to be injured or aggrieved by any final action of the City rendered by the Board of Zoning Appeals may appeal from the final action to the Circuit Court of McMinn County Tennessee. Such appeal shall be taken within thirty (30) days after such action.

3. Design Standards for Small Cell Support Structures/DAS The regulations in this subsection shall apply to Small Cell Support Structures and DAS. Temporary, mobile or wheeled cellular antenna structures shall not be permitted without prior approval from the Staff or, where applicable, the Board of Zoning Appeals.

a) Monopole Small Cell Support Structures shall include Stealth Technology and shall not exceed the lesser of either the maximum building height for the zoning district within which they are located or three (3) feet above the predominant height of the shortest Utility Poles within five-hundred (500) feet of the proposed Monopole. Small Cell Support Structures that involve replacing existing Utility Poles shall be subject to adhering to the height of the Utility Pole that is being replaced plus an additional three (3) feet. Replacement Utility Poles that will more effectively accommodate a Stealth Technology shall be prioritized as part of the Application review process.

b) Non-Tower Wireless Communication Facilities that incorporate Small Cell Support Structures shall include Stealth Technology appropriate for the proposed location and context. With the exception of Utility Poles, Non-Tower Wireless Communications Facilities shall not exceed the lesser of either the maximum building height permitted in the associated zoning district or ten (10) feet above the height of the existing structure on which the Small Cell Support Structures are proposed. In relation to Utility Poles, Non-Tower Wireless Communications Facilities shall not extend more than three (3) feet above the predominant height of the shortest Utility Poles within five-hundred (500) feet.

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