§ 157.362 EVALUATION OF SPECIAL USE.

   Following the procedures as established in §§ 157.435 through 157.447, the Zoning Board of Appeals, in evaluating a special use for a communications facility, shall consider the following matters:

   (A)   The zoning and size of the proposed facility using the following evaluation criterion:

      (1)   A non-residentially zoned lot is the most desirable location;

      (2)   A residentially zoned lot that is not used for residential purposes is the second most desirable location;

      (3)   A residentially zoned lot that is two acres or more in size and is used for residential purposes is the third most desirable location; and

      (4)   A residentially zoned lot that is less than two acres in size and is used for residential purposes is the least desirable location.

   (B)   Whether a substantial adverse effect on public safety will result from some aspect of the facility’s design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant;

   (C)   The benefit to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility;

   (D)   The existing uses on adjacent and nearby properties; and

   (E)   Whether the design of the proposed facility reflects compliance with § 157.359.

(Prior Code, 7 TCC 1-21(h))