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(A) A wireless provider may request a variance from one or more of the provisions of this subchapter by submitting a written request to the City's Director of Community Development as part of a permit application. The request shall identify each provision of this subchapter from which a variance is requested and the reasons why a variance should be granted.
(B) The City's Director of Community Development or the Director of Public Works shall decide whether a variance is authorized for each provision of this subchapter identified in the variance request on an individual basis.
(C) The City's Director of Community Development or the Director of Public Works may authorize a variance only if the wireless provider requesting the variance has demonstrated that:
(1) One or more conditions not under the control of the wireless provider creates a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) All other designs, methods, materials, locations or facilities that would conform to the provision from which a variance is requested are impracticable in relation to the requested approach.
(D) As a condition for authorizing a variance, the city may require the wireless provider requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this subchapter but which carry out the purposes of this subchapter.
(Ord. 2018-33, passed 7-16-2018)