Item 3 - PH/Ord. on Cell Towers - Laserfiche WebLink

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ATTACHMENT A Draft #2 (10/1/04) (I) Interference with Emerqency Communications. No new transmission tower, nor an increase in the height of an existing transmission tower, shall be permitted unless the applicant can demonstrate to the satisfaction of the city that the tower will not interfere with or have any effect on emergency communication services. (9) Variance. (c) The city may grant a variance to the setback requirements of subsection (7)(d)? and 2 only if the applicant demonstrates to the city's satisfaction: 1. That the applicant is unable to provide an adequate level of telecommunications services to the proposed service area and also comply with the setback requirements; and 2. That the requested setback variance complies as closely as possible with the required setback requirements for this location or any other location in the city from which it is possible to provide comparable service. (d) The city may grant a variance to the setback and undergrounding requirements of subsections (7)(d)3. 4., 5 and 6, or (8) upon finding that stealth design, proposed landscaping, configuration of the site, or the presence of mature trees obviates the need for compliance. (de) The city may grant a variance to the 75 foot height limitation in the R-1 zone to a maximum of 100 feet providing the applicant demonstrates that a transmission tower taller than 75 feet will directly eliminate the need for 1 or more additional transmission towers in an R-1 zone. (ef) If the proposed transmission tower or ancillary facility requires site review or a conditional use permit, the request for variance shall be considered as part of the site review or conditional use permit process. If the proposed transmission tower or ancillary facility is an outright permitted use, the request for a variance shall be processed pursuant to Type II application procedures beginning at EC 9.7200 General Overview of Type II Application Procedures except that the decision shall be based on the criteria in this section. (11) Fees. Notwithstanding any other provision of this code, the city manager [may] shall require, as part of application fees for building or land use permits for telecommunication facilities, an amount sufficient to recover all of the city's costs in retaining consultants to verify statements made in conjunction with the permit application, to the extent that verification requires telecommunications expertise. Ordinance - 2 L:\CMO\2004 Council AgendaskM041122\S0411223-attA. doc