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A. Purpose. An applicant may apply for a special exception where the strict application of the standards for the specific type of facility would result in the obstruction or inability to receive a communication signal. The provisions of this chapter shall govern administrative permitting and variance authority for small wireless facilities.

B. Complete Application. An application for a special exception is processed under the same permit type as the underlying permit. A complete application for a special exception shall consist of:

1. A completed application form as required by the city planning and building services department.

2. The applicant for a special exception shall demonstrate that the proposed material, 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. The required application fee.

4. A written statement which satisfactorily demonstrates that all of the special exception criteria have been met.

C. General Criteria. Each determination granting a special exception shall be supported by written findings of fact and conclusions demonstrating that all of the following general criteria and all specific criteria in subsection D of this section have been met:

1. The applicant has demonstrated that strict application of this code would prohibit or effectively prohibit the provision of telecommunications services; and

2. The proposed material, shape and color of the antenna will minimize visual impacts on neighboring properties to the greatest extent possible; and

3. Where appropriate, the applicant has demonstrated that the antenna will allow colocation for additional antennas and/or telecommunication facilities.

D. Special Exception Criteria for Specific Facilities. In addition to the applicant’s submission of materials described in subsection B of this section, a special exception may only be granted in accordance with the following criteria:

1. Large Satellite Dish Antenna and Other Antenna – Special Exceptions.

a. Residential Zones.

i. Modifications to requirements for setbacks, size, screening and maximum height may be considered by special exception.

ii. If a special exception is requested from the height limit for a ground-mounted dish, the height of the dish shall be limited to a maximum of 18 feet above the existing grade.

iii. A rooftop location shall only be considered if the requirements of this chapter would result in reception blockage. If a special exception is sought to obtain a rooftop location, the diameter of the dish shall be limited to six feet and a maximum permitted height of 15 feet above the roofline. The approval authority may require the applicant to place the antenna in an area of the roof which takes into consideration view blockage and aesthetics, provided reception is available.

b. Commercial and Employment Districts.

i. Ground-Mounted Antenna. Exceptions to be first considered shall be from setback, landscape and service area requirements, size and screening requirements. Only if these waived regulations would still result in reception blockage shall a special exception from height requirements be considered. If a special exception is sought to vary from the height limit, the height of the dish shall be limited to a maximum of 20 feet above the existing grade.

ii. Roof-Mounted Antenna. The first exception to be considered shall be the center of the roof requirement; the second exception shall be from the size and screening requirements, respectively. Only if these waived regulations would still result in the blockage of an electromagnetic signal shall a special exception from height requirements be considered. A special exception from the height limit shall be allowed up to a maximum of 20 feet above the existing or proposed structure. The approval authority may require the applicant to place the antenna in an area on the roof which takes into consideration view blockage and aesthetics, provided there is a usable signal and structural considerations allow the alternative placement.

2. Amateur Radio Towers – Special Exceptions – Residential Zones. Where a property owner desires to vary from the height, location or setback limitations, the special exception criteria must be met.

3. Wireless Communications Facilities (Other than Small Wireless Facilities) – Special Exceptions.

a. Residential Zones. An applicant for a proposed wireless facility that exceeds the height limit shall meet the special exception criteria.

b. Commercial and Industrial Zones. An applicant for a proposed wireless facility that exceeds the height limit shall meet the special exception criteria.

4. Broadcast and Relay Towers – Special Exceptions.

a. Commercial and Employment Districts. An applicant for a proposed broadcast and relay tower that exceeds height limits shall be required to obtain a conditional use permit under GHMC 17.64.046. (Ord. 1419 § 3, 2019; Ord. 771 § 12, 1997. Formerly 17.61.060).