(A) Purpose. Approval for new towers, poles, and antennas in the RS, RSV, RSM and RG districts as well as exceptions to height in other districts and waivers to fencing and landscaping requirements may be permitted by special exception granted by the Board of Zoning Appeals after public hearing and findings of fact required.
(B) Consultation. Prior to approving a permit by special exception, the Board of Zoning Appeals may consult with a communication expert for technical review to determine that the standards herein are met.
(C) Conditions. All towers, poles and antennas permitted by special exception shall, in addition to any other reasonable conditions placed upon the permit by the Board of Zoning Appeals, meet all conditions required in § 153.108(C) except that height, fencing and landscaping may be established on a case-by-case basis through the issuance of the special exception permit.
(D) Limitations on special exception permits.
(1) If additional tower height is required, total tower height will not exceed 150% of the maximum height permitted in the district as a conditional use.
(2) The Telecommunications Act of 1996 requires that a denial of permit be supported by substantial evidence; therefore, the Board shall make appropriate findings based upon the evidence submitted outlining the reason for denial.
(3) The Board of Zoning Appeals may only waive fencing requirements if it determines that the fencing serves no useful purpose.
(4) The Board of Zoning Appeals may waive any or all of the screening requirements only upon determining that the existing topography or existing natural materials on site will screen the property as effectively as the required screening, provided that the spirit and intent of this subsection are met. The Board may also waive screening on those sides of the proposed tower that are located adjacent to undevelopable property. Such a waiver may not be sought to relieve the screening requirement for towers to be located adjacent to vacant properties or along any public right-of-way. Undevelopable property shall constitute any such property or land that is unable to be used as a building site (e.g., a floodplain, etc.) or public access.
(5) The Board may not grant a variance or waiver from the standards imposed for a communication tower or antenna in connection with granting a special exception, except as permitted expressly in § 153.148(A) above.
(Ord. 06-11-16, passed 9-21-2016)