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A. Minor Accommodation Required: The proposed installation of an amateur radio station antenna, whether ground mounted or building mounted, in any land use zone, which antenna will extend more than fifteen feet (15') above the highest point of the roofline of a building or structure on the proposed site, must be preceded by an application for a minor accommodation in accordance with article 36 of this chapter, and, if the application is approved, a building permit must be obtained.
B. Application Requirements: In addition to the requirements set forth in article 36 of this chapter, the application for a minor accommodation must include the following:
1. Construction drawings that show the proposed method of installation and the manufacturer's specifications.
2. A plot plan showing the proposed location and dimensions of the amateur radio station antenna.
3. Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code.
4. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.
C. Review Criteria: In considering the application for a minor accommodation for a proposed amateur radio station antenna, the reviewing authority must consider the following factors:
1. Whether the proposed height of the amateur radio station antenna is the minimum height that is technically required to enable the applicant to engage in amateur radio service operations of the nature contemplated.
2. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.
3. The nature of existing uses on adjacent and nearby properties.
4. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.
5. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.
D. Guidelines For Denial Or Conditioning Application: In making any determination during the minor accommodation approval process to deny or to condition the application for an amateur radio station antenna, the reviewing authority must adhere to the following guidelines:
1. The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case by case basis, taking into account the unique features of the proposed site, the factors specified in subsection C of this section, and the reasonable accommodation required under subsection D2 of this section.
2. The minor accommodation approval process must be conducted so as to: a) reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and b) impose the minimum practical restrictions, limitations, and conditions in order to achieve the city's legitimate regulatory objectives. (Ord. 05-O-2461, eff. 3-18-2005)