(A) Exceptions may be granted by the Planning and Zoning Commission for tower and mast cross section widths and aerial heights exceeding the maximum limits where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of the Article result from strict application of the Article provisions.
(B) A request for exception must be submitted on a form as prescribed by the Director of Development Services. The application shall be accompanied by a fee prescribed by City Council resolution. Upon receipt of an exception application, a time and place for a public hearing before the Planning and Zoning Commission shall be set. A Notice of Public Hearing for an exception under this Article shall be given in the same manner as provided in Vol. II, § 1-16-7 of the Zoning Ordinance for the City of Apache Junction. The Planning and Zoning Commission may grant the exception based upon all the following findings:
(1) That the literal enforcement of the provisions of this Article will result in restrictions inconsistent with the spirit and intent of this Article;
(2) That granting of an exception will not result in a condition that will be detrimental or injurious to property or improvements in the vicinity and will not be materially detrimental to the public health, safety or welfare; and
(3) That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic.
(C) After closing the public hearing, the Planning and Zoning Commission may approve, conditionally approve or deny the application for exception. The Commission’s decision on the exception request may be appealed to the City Council as provided for in the Zoning Ordinance for the city.
(Prior Document, § 8-1-10) (Ord. 985, passed 3-18-1997)