(A) General requirements. An exception from the strict locational, physical, or design, or development requirements of § 12.52.070, may be granted by the Director in his/her discretion, when it is shown to the Director’s satisfaction, based on substantial evidence, any of the following:
(1) Because of special, unique circumstances applicable to the proposed location and/or the proposed WTF, the strict application of the requirements of the section would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar facility; or
(2) Denial of the facility as proposed would violate federal law, state law, or both; or
(3) A provision of this section, as applied to applicant, would deprive applicant of its rights under federal law, state law, or both.
(B) Application requirements. An applicant may only request an exception at the time of applying for a WTFP. The request must include both the specific provision(s) of this section from which the exception is sought and the basis of the request. Any request for an exception after the city has deemed an application complete shall be treated as a new application.
(C) Burden. The applicant shall have the burden of establishing the basis for any requested exception.
(D) Scope; conditions. The Director shall limit its exception to the extent to which the applicant demonstrates such an exception is necessary to reasonably achieve its reasonable technical service objectives. In addition to the standard conditions of approval pursuant to § 12.52.070, the Director may adopt other conditions of approval as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other wireless providers seeking to locate any facility in the area where such property is situated and that are reasonably necessary to promote the purposes in this section and protect the public health, safety and welfare.
(E) Prohibited locations; no exception. Notwithstanding any other provision of this section, SWFs are prohibited in and no exception shall be granted by the Director, on any location or site within a PROW for which approval cannot be obtained by any federal or state agency with jurisdiction over the proposed facility.
(Ord. 2021-09 § 5 (part), 2021)