(a) The Planning and Design Commission may waive provisions of this Chapter as applied to any Wireless Telecommunication Facility application pending before the Planning and Design Commission for a conditional use, but only in areas permitted by this Chapter. The Planning and Design Commission shall make a determination on a proposed waiver of any provisions of this Chapter based on the following criteria:
(1) The public peace, health, safety, welfare or convenience will not be jeopardized or actively affected;
(2) The use, value, development or enjoyment of neighboring property will not be adversely affected, or the health or safety of persons residing or working in the neighborhood will not be adversely affected;
(3) A public or private nuisance will not be created by reason of noise, smoke, odors, fire, vibrations, objectionable lights or congestion of traffic or persons;
(4) Traffic or safety hazards will not be created;
(5) The combination or accumulation of uses of the same nature in close proximity or in the same neighborhood will not adversely affect the public peace, health, safety, welfare or convenience, thereby adversely affecting neighboring property or creating a nuisance; or
(6) The proposed use will comply with other provisions or standards specified in the Codified Ordinances of the City.
(b) The Planning and Design Commission's consideration of a waiver under this Section shall not be based upon the environmental effects of radio frequency emissions from the Facility so long as the applicant's proposed Facility will meet the FCC's requirements for such emissions.
(Ord. 98-130. Passed 2-1-00.)