(A) Required findings. Exceptions pertaining to any provision of this chapter, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority at a noticed public hearing if the reviewing authority makes any of the following findings:
(1) Compliance with a particular requirement is technologically infeasible, would result in an unreasonable interference with signal quality, or would result in an effective prohibition of service. The applicant will be required to prove that there are no feasible alternatives to the exception request. An exception request may be subject to peer review conducted by a qualified RF engineering consultant selected by the city and paid for by the project applicant.
(2) Because of special, unique circumstances applicable to the proposed location, site and/or the proposed wireless telecommunications facility, the strict application of the requirements of the chapter would deprive the applicant of privileges enjoyed by other permittees in the vicinity operating a similar wireless telecommunications facility.
(3) Denial of the facility as proposed would violate federal law, state law, or both.
(4) A provision of this chapter, as applied to applicant, would deprive the applicant of its rights under state and/or federal law.
(B) Conditions. An exception may be granted subject to such conditions or other requirements that will meet the purposes and intent of this chapter.
(C) Procedure.
(1) An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit or wireless telecommunications facility collocation permit.
(2) Notwithstanding any other provision of this chapter, a conditional use permit shall be required for a facility when an exception is requested, and for any facility proposed in a discouraged location.
(D) Burden. The applicant shall have the burden of proving that denial of the facility as proposed would violate state and/or federal law, or the provisions of this chapter, as applied to applicant, would deprive applicant of its rights under state and/or federal law, using the evidentiary standards required by that law at issue. The city shall have the right to hire an independent consultant, at the applicant’s expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim.
(E) Prohibitions. Notwithstanding any other provision of this section, in no event shall an exception be granted to allow a wireless telecommunications facility or wireless telecommunications collocation facility to locate in any of the following districts, zones, lots, sites, areas or locations if the reviewing authority makes any of the following findings:
(1) The proposed facility will cause interference with city or other governmental emergency operations, as evidenced by competent evidence; or
(2) The applicant has failed to obtain any applicable other permits or approvals required under federal or state law in order to obtain a city approval under this chapter.
(Ord. 2021-10 § 6 (part), 2021)