Research and documentation of local permit rights practice, procedures, and application requirements were discussed in Module 7 Search Area Assignment; Module 8 Search Area Mapping; Module 9 Zone-ability; Module 13 Search Area Report (SAR); and Module 15 Site Candidate Information Package (SCIP).
Temporary Sites
Many jurisdictions don’t require planning commission hearings for temporary facilities as is standard for permanent improvements on real property. Temporary facilities are characterized by an equipment package located on wheels, such as on a truck or trailer. For more on the application of temporary sites to the wireless landscape, see Module 4 Wireless System Design. The approval process for temporary installations might be found in the zoning code or could be determined by providing the jurisdiction with a photo and information describing the equipment to be placed into temporary service, the proposed location, and the time frame. Documentation verifying that an agreement has been made with the property owner to occupy the space may also be requested. For more on temporary site agreements see Module 21 Initial Space Rights and Module 26 Miscellaneous Agreements.
Collocations
The concept of collocating new wireless facilities on existing structures has been set apart throughout this text as advantageous to reduce project costs and exposure to zoning hurdles. We discussed the consideration of existing structures by RF engineers in Module 6 Search Area Design and the early identification of existing structures by site acquisition consultants in the site search process in Module 7 Search Area Assignment. The reduced burdens collocations represent in site implementation and site negotiations were discussed in Module 10 Constructability and Module 23 Collocations Agreements respectively. In the permitting process, collocation efforts pay off in a big way. Less effort is required to permit wireless facilities on existing structures than is necessary to get a new structure approved.
Non-Conforming Existing Structures
The concept of non-conforming structures was introduced in Module 5 Wireless Facility Components. Utilization of non-conforming properties or structures was considered in Module 9 Zone-ability. Non-conforming land uses, also known as grandfathered land uses, exist because they were present before regulations were enacted to limit or prohibit them from a zoning district. The general rule with a non-conforming use is that if a modification to the use is proposed, the jurisdiction requires the entire use be upgraded into compliance with the current code. Regarding a non-conforming existing structure, a zoning permit may be necessary even though it wasn’t required when the structure was originally constructed.
Permit Applications
Your goal is to submit permit applications in a timely manner without delay to the project. This is best accomplished by providing the A&E firm, the client real estate point of contact, and the rest of the project team with ongoing dates specifying when surveys, zoning drawings, construction drawings, and engineering reports are needed to make submittal deadlines corresponding to upcoming jurisdiction meeting or hearing schedules. The A&E firm and project team will appreciate knowing in advance about impending application deadlines, rather than at the last minute.
Application Packages
Depending on the jurisdiction any of a wide variety of informational documents may be requested in the application package. These might include but aren’t limited to, a title-company-certified list of property owners adjacent to the subject property or within a specific distance of the subject property, a signed statement by the property owner, a letter from the proposed antenna structure manufacturer, FAA determination authorizing the proposed structure height, a signed statement from the client regarding one or more promises the jurisdiction wants of the project developer, a completed checklist for the jurisdiction regarding application inclusions, and a search area design analysis stating why any existing structures in the area cannot be utilized by the client.
Zoning Narratives
A zoning application narrative explains the development proposal in a conversational format. Every zoning application can benefit from including a narrative about the project. The elements of an application can be addressed in the narrative, including a point-by-point analysis detailing how the project proposal meets the jurisdiction’s criteria for approval. Narratives are effectively used to explain the care and effort taken in the site acquisition process to observe local planning objectives, conduct due diligence, and make thoughtful site selection.
Zoning and Building Permit Processes
A question addressed in Module 9 Zone-ability and Module 15 Site Candidate Information Package (SCIP) is whether building permit applications or site plan reviews can be processed in the same time frame as zoning applications. Some jurisdictions require zoning approval prior to the submission of a building permit application. Other jurisdictions will process building permit applications in the same time frame as zoning permit applications but not issue the building permit without land-use approval. Still, other jurisdictions require an initial application for a building permit. The jurisdiction then analyzes the building permit application to determine if additional processes, including zoning permissions, are necessary for the proposed facility development.
It bears mentioning that just as local zoning and building ordinances are not uniform from jurisdiction to jurisdiction throughout the US, neither is the handling of permit rights processes and procedures.
