§ 18.10.040. Special exceptions.

A tower, pole, or antenna may be permitted by special exception granted by the planning and zoning commission after public hearing and findings of fact based on the following criteria:

Special Exception Criteria. The board of zoning appeals must find and conclude:

1.

Application; Conditions. All application requirements and conditions imposed by Section 18.06.030 of this chapter for conditional uses are met except height limitations and setbacks.

2.

Height Limitations. If additional tower height is requested, total tower height will not exceed one hundred fifty (150) percent of the maximum height permitted in the district as a conditional use.

3.

Necessity for Additional Height. Applicant has demonstrated that additional height above that permitted by conditional use regulations is necessary for service to occupants of an area within the municipality.

4.

Setback Requirements; Additional Conditions. Setback requirements and such additional conditions are established by the commission as it deems necessary to remove danger to health and safety, and to protect adjacent property.

5.

Denial on Substantial Evidence. The Telecommunications Act of 1996 requires that a denial of a permit be supported by substantial evidence.

6.

Variance Prohibited. The commission may not grant a variance from the standards imposed for a communications tower or antenna in connection with granting a special exception, except as permitted by Section 18.10.030-2d.

(Ord. No. 17-06-07, § 3)