(e) Ensures that all telecommunication facilities, including towers, <br />antennas, and ancillary facilities are located and designed to minimize <br />the visual impact on the immediate surroundings and throughout the <br />community, and minimize public inconvenience and disruption. <br />Nothing in this section shall apply to amateur radio antennas, or <br />facilities used exclusively for the transmission of television and radio <br />signals. <br />(2) Siting Restricted. No telecommunication facility, as defined in this land use <br />code, may be constructed, modified to increase its height, installed or <br />otherwise located within the city except as provided in this section. Depending <br />on the type and location of the telecommunication facility, the <br />telecommunication facility shall be either an outright permitted use, subject to <br />site review procedures, or require a conditional use permit.... <br />(c) Conditional Use Permit. A telecommunication facility which, pursuant <br />to subsections (4) or (5) of this section, requires a conditional use <br />permit shall be processed in accordance with the conditional use permit <br />procedures of this land use code, except that the variance provisions <br />shall not apply. The criteria contained in EC 9.8090 Conditional Use <br />Permit Approval Criteria - General and subsections (6) and (7) of this <br />section shall govern approval or denial of the conditional use permit <br />application. In the event of a conflict in criteria, the criteria contained <br />in subsections (6) and (7) of this section shall govern. No development <br />permit shall be issued prior to completion of the conditional use permit <br />process, including any local appeal. <br />The applicant has submitted both a PUD application and a CUP application. As discussed above, <br />the applicant requested the hearing official determine that the CUP is not necessary, but the <br />hearing official concluded that the code does require a CUP. <br />(5) Construction of Transmission Tower. Construction of a transmission tower, or <br />a modification of an existing transmission tower to increase its height, shall be <br />allowed as follows:.. . <br />(c) Conditional Use Permit. Such construction shall require a conditional <br />use permit in the R-1, C-1, S (other than S-WS) and GO zones. <br />The subject property is zoned R-1 and the applicant applied for a CUP consistent with this <br />criterion. <br />(6) Application Requirements.... <br />(b) Construction of Transmission Tower. In addition to standard required <br />application material, an applicant for a transmission tower shall submit <br />the following information; additional application material is required, <br />Hearing Official Decision (PDT 10-2, CU 11-1) 26 <br />