Andover Unified Development Manual

Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

2. Approval Deadlines. If the Zoning Administrator does not issue a final decision on a wireless facility application within the shot clock time limits specified above in Section 4-109D1(c), then the Applicant may provide notice to the Zoning Administrator that the time period has lapsed, and the Application is then deemed to be approved. (See K.S.A. 66-2019.) 3. Incomplete Applications. If the application is materially incomplete, the Zoning Administrator must notify the Applicant that more documents or information are required within 30 days after the application was submitted. a. The notification must identify the missing documents or information, and also specify the rule or regulation that requires their submission. b. The shot clock will restart at zero on the day the Applicant provides a supplemental application containing the required information. (1) If the supplemental application does not provide the missing documents or information identified in the original notice, the Zoning Administrator must notify the Applicant within 10 days after the supplemental application was submitted. (2) The shot clock will be paused on the day the notice of an incomplete supplemental application is provided to the Applicant, and will resume on the day the Applicant provides a completed supplemental application containing the required information. 4. Denial of Application. If an application is denied, the Zoning Administrator will notify the Applicant in writing of the reasons for the denial. a. Within 30 days of the notice, a party aggrieved by the City's denial of an application may bring an action for review in any court of competent jurisdiction.

5. Planning Commission Special Use Review. The Planning Commission must review a special use for any application which is not permitted by right in the underlying zoning district. a. Exceeding Wireless Facility Height Limitations. In all zoning districts, Applicants may apply to the Planning Commission for a special use to exceed maximum height limitations established in the review criteria for all types of wireless facilities. 6. Zoning Administrator Approval. The Zoning Administrator may approve wireless facility Zoning Permit applications for: a. Modification or replacement of an existing tower or base station. (1) The Zoning Administrator must issue a final decision on the application within 60 calendar days after a complete application is filed. b. New small wireless or DAS facilities on an existing tower or base station. (1) The Zoning Administrator must issue a final decision on the application within 60 calendar days after a complete application is filed. c. Installation of a new antenna on an existing tower or base station, if the antenna is permitted by right in the underlying zoning district, and meets applicable performance standards. (1) The Zoning Administrator must issue a final decision on the application within 60 calendar days after a complete application is filed.

Main TOC Zoning TOC Provisions for Specific Uses

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