(A) Conditional uses and variances.
(1) The location, construction or installation of any telecommunications facility, tower or antenna exceeding the height limitations permitted by this chapter, or any satellite dish exceeding the size limitations of this chapter, may be allowed as a conditional use pursuant to this section. The location, construction or installation of any telecommunications facility, tower or antenna, or satellite dish which does not otherwise meet the requirements of §§ 156.27, 156.28, 156.29 or 156.31 may be permitted upon the grant of a variance pursuant to this section.
(2) A petition for a conditional use permit, variance or any amendment thereto for a telecommunications facility, tower, antenna or satellite dish not permitted pursuant to §§ 156.27 or 156.31 of this subchapter shall be initiated by application to the Director in accordance with the provision of this section, and may be issued in accordance with this section.
(3) After receiving the report of the Director, the City Council may issue or deny a conditional use permit or variance, as the case may be, have been satisfied.
(4) Standards for granting a conditional use.
(a) The Council shall determine that the application has met all of the general requirements of this subchapter, except as to which a variance has been specifically granted;
(b) For facilities, antennas and towers, the extent of the deviation of the proposed facility from the requirements of this chapter, the effect of the proposed facility in terms of the goals of this chapter, and the benefits of and need for the proposed antenna, or tower must be greater than any possible depreciating effects and damage to the neighboring properties;
(c) For satellite dishes, strict compliance with the regulations contained in this chapter must result in an obstructed reception window and must be beyond the control of the property owner and applicant; and
(d) The use of alternative tower structures rather than the construction and erection of new or additional towers is one of the goals of this subchapter. The depreciating effects and damage to the neighboring properties of antennas and towers shall be presumed to be less when alternative tower structures are used.
(5) Standards for granting a variance for antennas, towers or dishes.
(a) The Council shall determine that the application has met all of the requirements of this subchapter and this code, except for those for which a conditional use or variance has been specifically granted;
(b) The variance must be in harmony with the general purpose and intent of this title;
(c) Strict enforcement of this subchapter must result in practical difficulties or impose exceptional hardships due to special conditions which are not generally found on other properties in the same zoning district;
(d) The exceptional hardships or special and unusual conditions or circumstances aforementioned in division (A)(5)(c), are not self-imposed; provided however, that in the case of variances as to nonresidential property and R5 or R6 zoned property, or variances from the requirements of §§ 156.27(A)(3)(b) or (c) as to residentially zoned property other than R5 and R6 zoned property, that the property cannot yield a reasonable return if permitted to be used only under the conditions allowed by this chapter;
(e) The variance, if granted, will not alter the essential character of the neighborhood and will not be a substantial detriment to adjacent property;
(f) The use of alternative tower structures rather than the construction and erection of new or additional towers is one of the goals of this subchapter. The depreciating effects and damage to the neighboring properties of antennas and towers shall be presumed to be less when alternative tower structure are used;
(g) Variances from separation requirements for towers and antennas may be permitted to allow more than one tower on a lot only if:
1. The standards contained in divisions (A)(5)(a), (b), (c) and (e) of this section are satisfied;
2. Setback requirements, design and landscaping requirements are met for each tower;
3. The variance is technically feasible and failure of one will not lead to multiple failures; and
4. Clustered towers shall be of similar height, not to exceed 10% deviation from the average height of all clustered towers. The term “clustered” shall mean two or more grouped together within the separation distances required under this subchapter, on the same parcel or lot, or on adjacent parcels or lots and within the adjoining setback areas of both parcels or lots.
(6) Conditions and restrictions. The City Council may impose conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section and as may be necessary to create a buffer from, or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties. If a time limit is set forth by which conditions and restrictions must be completed, they shall be so completed in the time specified. If no such time limit is specified, then the conditions and restrictions shall be completed within a reasonable amount of time. The applicant shall be obliged to fulfill and maintain all conditions and restrictions for as long as the variance is utilized or in effect.
(7) Contents of application for a conditional use. All applications for a conditional use under this subchapter shall include such documentation and information specified in this code, as may be required by the Director.
(8) Contents of application for a variance. All applications for variances shall include such documentation and information specified in this code, as may be required by the Director.
(9) The Director shall maintain records of all the responses to requests for information, and shall provide information to any person upon receipt of a proper request.
(10) After the owner of an existing facility demonstrates antenna(s) of the type proposed by any applicant cannot be reasonably accommodated on the owner’s tower, no other applicant shall be required to request information from that owner concerning antennas of the same type which cannot be reasonably accommodated.
(B) Planned unit developments.
(1) Existing planned unit developments.
(a) The erection or installation of any antennas, towers or satellite dishes subject to regulation under this chapter that are permitted uses in the underlying PUD zoning classification shall require approval of a minor change to the PUD unless and to the extent specifically permitted in the approved PUD.
(b) The erection or installation of any antennas, towers or satellite dishes subject to regulation under this chapter that are conditional uses in the underlying PUD zoning classification shall require approval of a major change to the PUD unless and to the extent specifically permitted in the approved PUD.
(2) New planned unit developments. The erection or installation of any antennas, towers or satellite dishes subject to regulation under this chapter shall meet the standards of this chapter and those of the underlying PUD zoning classification, unless specifically permitted otherwise in the approved PUD.
(2000 Code, § 15.74.050) (Ord. 2556, § 6, passed - -2001)