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(c) Written comments from members of the public received by the <br />Director shall be considered as part of the staff review. Comments <br />shall be accepted for twenty (20) days following the date the notice is <br />provided. <br />(d) The applicant shall work cooperatively with the City to consider or <br />otherwise respond to comments received by the Director. <br />Sec. 33-240. Permit Issuance. <br />(a) A permit for a wireless facility shall be granted, denied, or conditionally <br />granted by the Director. In the event that an application is deemed <br />granted by rule of law, all conditions and design guidelines as <br />required by this ordinance for the facility are still applicable and <br />required for the facility. <br />(b) For an eligible facilities request, the Director shall issue a permit if the <br />Director finds that the proposed facility qualifies as an eligible facilities <br />request and does not represent a substantial change. <br />(c) For any facility other than an eligible facilities request, the Director <br />shall issue a permit if the Director makes all of the following findings: <br />1. The proposed facility conforms to the Guidelines, including any <br />volumetric limits, design criterion, and location restrictions detailed <br />therein. <br />2. The proposed wireless facility is visually compatible with the <br />surrounding neighborhoods. <br />3. The applicant has demonstrated that the installation will not <br />substantially interfere with the use of the public right-of-way and <br />existing subterranean infrastructure, including interference with <br />the flow of pedestrian or vehicular traffic, the ingress or egress <br />from any residence or place of business, the use of poles, <br />posts, traffic signs or signals, hydrants, mailboxes, permitted <br />sidewalk dining, permitted street furniture or other objects <br />permitted at or near the proposed site of the wireless facility. <br />4. The applicant has demonstrated that the wireless facility will <br />not endanger or is not reasonably likely to endanger the safety of <br />persons or property. <br />5. The proposed wireless facility complies with all applicable <br />regulations of the FCC. <br />6. The applicant has coordinated the final siting location of the <br />facility with the Director. <br />7. The applicant has posted a performance bond or other security <br />in an amount rationally related to the cost of removal. <br />8. All notification requirements for the proposed facility have <br />been met. <br />Ordinance No. NS -2954 <br />Page 11 of 20 <br />