(A) Notwithstanding the tower standards provided in this subchapter the Planning and Zoning Commission, through the conditional use permit process, may grant specific modifications to such standards.
(B) If such modifications are requested, in addition to all other information required for a conditional use permit submittal, the applicant shall provide the following:
(1) A description of how the plan addresses and/or mitigates any foreseeable adverse impact(s) that might occur as a result of the requested modification.
(2) A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding right-of-ways and properties.
(3) Identification of all parcels of land where the proposed tower could be located, without such modifications as requested, attempts by the applicant to contract and negotiate an agreement for collocation and the result of such attempts.
(C) The Planning and Zoning Commission may consider the following criteria in addition to the criteria listed in § 154-09-004:
(1) Whether the tower, as modified, will be compatible with and not unduly impact the character and integrity of surrounding properties within 300 feet adversely.
(2) Whether on-site and/or off-site conditions mitigate adverse impacts.
(3) Whether alternatives exist that would not require the requested modification(s).
(D) If the Commission grants any modifications pursuant to this section, it shall require as a condition of the conditional use permit, conditions necessary to mitigate any adverse impacts which arise in connection with the approval of the modification(s).
(Ord. 466, passed 2-22-96)