§ 13-144. Minor conditional use permit requirements

All requests for installation of antennas not satisfying the criteria identified in section 13-142, Development standards, may be approved by minor conditional use permit consistent with the requirements of this section and Chapter III, Planning Applications.

(a) Requirements. An application for a minor conditional use permit shall be made and processed in accordance with the procedures set forth in Chapter III, Planning Applications, with the following exceptions:

(1) The application fee shall not be applicable for amateur radio antennas.

(2) Applications for a minor conditional use permit where the proposed antenna(s) will not conform with applicable development standards shall include statements of the reasons why strict conformance with the development standards specified will:

a. Unreasonably limit, or prevent, reception or transmission of signals;

b. Result in excessive expense in light of the cost of purchase, installation and operation of the antenna(s).

(3) When a proposed FCC-regulated transmitting facility will expose the public or workers to levels that exceed ANSI/IEEE RF radiation standards, the FCC-required environmental evaluation must be submitted with the minor conditional use permit application.

(b) Findings. In addition to the findings specified in section 13-29(g)(2), Conditional use permit and minor conditional use permit findings, the following findings shall be made:

(1) Strict conformance with the development standards specified will unreasonably limit, or prevent, reception or transmission of signals, or result in excessive expense in light of the cost of purchase, installation and operation of the antenna(s).

(2) The deviation from applicable development standards represents the minimum adjustment necessary to prevent unreasonable limitations on the reception or transmission of signals.

(c) Conditions. In approving a minor conditional use permit, the final review authority may impose reasonable conditions necessary to minimize the impact of the installation or operation of the antenna(s) on the public or other properties or improvements within the immediate vicinity of the antenna(s), consistent with this article.

(Ord. No. 97-11, § 2, 5-5-97)