Any applicant desiring relief or exemption from any aspect or requirement of this chapter may request such from the Council at a pre-application meeting provided that the relief or exemption is contained in the original application for either a special use permit, or in the case of an existing or previously granted special use permit a request for modification of its tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Council. However, the burden of proving the need for the requested relief or exemption, is solely on the applicant to prove to the satisfaction of the Council. The applicant shall bear all costs of the Council or the city in considering the request and the relief shall not be transferable to a new or different holder of the permit or owner of the tower or facilities without the specific written permission of the Council. Such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted the relief or exemption will have no significant affect on the health, safety and welfare of the city, its residents and other service providers.
(Ord. 2002-01, passed 2-13-02)