§ 17.52.085. Modification of development standards.

A.

Notwithstanding the tower requirements provided in this chapter, a modification to the development standards may be approved by the Hearing Examiner as an unclassified use in accordance with the following:

1.

In addition to the requirement for a tower application, the application for modification shall include the following:

a.

A description of how the proposed plan addresses any adverse impact that might occur as a result of approving the modification.

b.

A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the proposed modification.

c.

A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

d.

For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for co-location, and the result of such attempts.

e.

The Department of Community and Economic Development may require the application to be reviewed by a qualified, independent engineer under contract to the City to determine whether the antenna study supports the basis for the modification requested. The cost of review by the engineer shall be reimbursed to the City by the applicant.

2.

The Hearing Examiner shall consider the application for modification based on the following criteria:

a.

That the tower as modified will be compatible with and not adversely impact public health and safety of surrounding areas.

b.

Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

c.

In addition, the Hearing Examiner may include conditions on the site where the tower is to be located if such conditions are necessary to mitigate any adverse impacts which arise in connection with the approval of the modification.

B.

In addition to the requirements of subsection A. of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following:

1.

In the case of a requested modification to the setback requirement, section 17.52.030 PAMC, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the applicant is to locate the tower at another site which is closer in proximity to a residentially zoned land.

2.

In the case of a request for modification of the separation and buffer requirements of section 17.52.040 PAMC, that written technical evidence from an engineer(s) demonstrates that the proposed tower must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system, and that the applicant is willing to create approved landscaping and other buffers to screen the tower.

3.

In the case of a request for modification of the height limit for towers or to the minimum height requirements for antenna support structures, that the modification is necessary to: (i) facilitate co-location of telecommunications facilities in order to avoid construction of a new tower; or (ii) to meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer(s) that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than 120 feet shall be approved in any case.

(Ord. 3548 § 23, 1/5/2016; Ord. 3089 § 1 (part), 6/29/2001)