20.13.140 Special exceptions.
When adherence to all development standards of this section would result in a physical barrier which would block signal reception or transmission or prevent effective communication in all permissible locations, a special exception may be permitted, provided criteria outlined below are met. Exceptions do not apply to variations from the International Building Code. A variance pursuant to Chapter 20.18 or 20.38 BMC is required for variations from applicable zoning regulations not described in this section.
The approval authority for granting of the special exception shall be the same as that of the permit approving the antenna location. A request for a special exception shall be processed in conjunction with the permit approving the antenna location.
Upon review of special exception requests, the approval authority shall consider first those standards having the least effect upon the resulting aesthetic compatibility of the antenna or tower with the surrounding environment. The approval authority shall review setback, size, screening requirements, and height limits.
A. Special Exception Criteria.
1. The applicant shall justify the request for a special exception by demonstrating that the obstruction or inability to receive a communication signal is the result of factors beyond the property owner’s or applicant’s control. Pictures, scaled drawings, maps and/or manufacturer’s specifications, and other technical information as necessary, should be provided to demonstrate to the city that the special exception is necessary.
2. The applicant for a special exception shall demonstrate that the proposed materials, shape, and color of the antenna will minimize negative visual impacts on adjacent or nearby residential uses to the greatest extent possible. The use of certain materials, shapes and colors may be required in order to minimize visual impacts.
3. Attached antennas requesting a special exception for height shall be reviewed through the same process as a support structure in the zone in which the antenna is located.
4. Requests for special exceptions for setback reductions shall also be judged based on the following criteria:
a. The extent to which screening and camouflaging will be employed to mitigate the effects of the structure versus the value of the setback in providing such screening.
b. The need for the setback reduction to facilitate a location or design that better satisfies the criteria of this chapter.
c. The impact on adjacent properties. [Ord. 2018-09-014 § 2; Ord. 1998-07-057].