(a) Special Exceptions. Subsequent to providing public notice in accordance with the provisions of division (f) of Section 354.12, the Board of Zoning Appeals may approve an application to install a telecommunications tower or antenna structure that does not meet the regulations of this chapter if the Board determines that all of the following conditions apply:
(1) The literal application of the regulations of this chapter in a particular instance will prevent adequate provision of wireless communications service, and no conforming alternative is technically feasible;
(2) The proposed installation will not be contrary to the stated purpose of the regulations of this chapter;
(3) Specifically, in the case of a telecommunications tower proposed to be placed in a Residential District, the subject parcel is not occupied by residential uses and is not likely to be occupied by residential uses in the foreseeable future;
(4) Specifically, in the case of a telecommunications antenna proposed to be placed in a Residential District on a building or structure other than a telecommunications tower, such building or structure is not a residence and is not designed for residential occupancy;
(5) Specifically, in the case of the alteration of an existing telecommunications tower, including the addition of an antenna or antennas, the proposed alteration will not be detrimental to residential areas and will result in public benefits such as reducing the need for additional telecommunications towers in the vicinity or improving the appearance or safety of the existing tower and its site.
(b) Appeals. Any decision of the City Planning Commission or an administrative official made pursuant to the provisions of this chapter may be appealed to the Board of Zoning Appeals, in accordance with the provisions of Chapter 329.
(Ord. No. 2306-2000. Passed 1-22-01, eff. 1-23-01)