6-6(Q)   WAIVER - WIRELESS TELECOMMUNICATIONS FACILITY

All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(Q).

6-6(Q)(1)   Applicability

This Subsection 14-16-6-6(Q) applies to all applications to deviate from the wireless telecommunications regulations otherwise applicable to the erection or installation of a Wireless Telecommunications Facility (WTF) under this IDO.

6-6(Q)(2)   Procedure

6-6(Q)(2)(a)   The City Planning Department staff shall review the application for a Waiver and forward a recommendation to the EPC.

6-6(Q)(2)(b)   The EPC shall conduct a public hearing and make a decision on the application for a Waiver and may grant a Waiver of those requirements over which the EPC has review authority except for allowed maximum height, which does not qualify for a Waiver.

6-6(Q)(3)   Review and Decision Criteria

6-6(Q)(3)(a)   An application for a WTF Waiver shall be approved if it meets all of the following criteria.

   1.   It is in the best interest of the community as a whole.

   2.   It will expedite the approval of an antenna, tower, or tower alternative.

   3.   It will not jeopardize public health, safety, and welfare.

   4.   It will ameliorate either the adverse impact of antenna and tower proliferation or the adverse impact of requiring new construction of towers or antennas.

   5.   It will better serve the stated purposes of the City's telecommunications regulations.

   6.   It will not allow the WTF to be taller or higher from the ground than would otherwise be allowed by this IDO.

6-6(Q)(3)(b)   The facts to be considered by the EPC in reaching its decision include:

   1.   The height of the proposed tower.

   2.   The proximity of the tower antenna to any Residential zone district or a dwelling in any other zone district.

   3.   The nature of uses on adjacent and nearby properties.

   4.   The surrounding topography.

   5.   The surrounding vegetation and foliage.

   6.   The design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating any visual obtrusiveness.

   7.   The proposed ingress and egress.

   8.   The availability of suitable existing towers or other structures.