§ 116.07 MODIFICATION OF DESIGN PARAMETERS.

   (A)   Upon the written request of an applicant for a permit, the City Council may modify or waive the design parameters of § 116.06(D) and 116.06(E) in its discretion following a hearing and based on its review of factors affecting the public health, safety and welfare including, but not limited to, the following:

      (1)   The presence of existing poles or other structures or equipment in the immediate vicinity;

      (2)   The ability to reasonably comply with the design parameters set forth in § 116.06(D) and 116.06(E);

      (3)   The visual and aesthetic impact of the proposed pole, antenna or facilities on the adjacent area;

      (4)   The existing and planned character of the adjacent area;

      (5)   Public comment;

      (6)   The scale and scope of the poles, antennas or facilities relative to the existing character of the area;

      (7)   Whether granting the modification will adversely impact public safety; and

      (8)   The recommendations of city department heads (if any).

   (B)   Following its review, the City Council may grant, deny or grant with conditions a request to modify or waive the design parameters and shall provide its decision and the basis for the same to the applicant in writing. All applications for a waiver or modification of the design parameters as set forth herein shall be addressed in a uniform and nondiscriminatory manner. The applicant shall be responsible to pay all costs of the city associated with the request to modify or waive the design parameters.

(Ord. 190826-1, passed 8-26-2019)