Duluth UDC § 342.09

a. Uses Allowed by Administrative Approval. 1. Modification or Collocation, Wireless Facility or Support Structure. A proposed modification or collocation to a previously approved wireless facility or support structure, with the exception of proposals meeting the criteria below, may be approved by the Planning and Development Department after conducting an administrative review if the proposed modification or collocation does not increase the overall height or width of the support structure to which the wireless facilities are to be attached or increase the dimensions of the equipment compound that was initially approved by the City. i. Review Period. 1. Within 90 calendar days of the date an application for a modification or collocation meeting the criteria is filed with the Planning and Development Department, unless another date is specified in a written agreement between the Department and the applicant, the City shall make its final decision to approve or disapprove the application and advise the applicant in writing of its final decision. 2. Within 30 calendar days of the date an application for modification or collocation meeting the criteria is filed with the Planning and Development Department, the Planning and Development Director shall determine if it is a complete application and, if he or she determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. 3. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90-calendar day review period set forth above. 2. Modification, Base Station or Tower. For a proposed modification of an existing base station or tower that does not “substantially change”, as defined in the Interpretation and Definitions Article of this Development Code, the physical dimensions of such tower or base station, the process outlined below shall apply. i. Within 60 days of the date on which an applicant submits a request seeking approval under this Section, the Planning and Development Director may approve the application unless it determines that the application is not covered by this subsection. ii. The 60-day period begins to run when the application is filed and may be stopped only by mutual agreement or in cases where the Planning and Development Department determines that the application is incomplete. The timeframe for review is not stopped by a moratorium on the review of applications. iii. To toll the timeframe for incompleteness, the Planning and Development Department must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such information does not require documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities. iv. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the Planning and Development Department’s notice of incompleteness. v. Following a supplemental submission, Planning and Development Department will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the 119 | P a g e Article Three. Restrictions on Particular Uses procedures identified in Subsection (2) above. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.