Sec. 656.1509. - Waivers and Variances.

A waiver from the minimum setback and separation requirements, waiver from the landscape requirements of this Part 15, variance from the maximum height requirements for low impact/stealth towers, variance from the maximum height and projection requirements for side-mount and rooftop antennas, variance from the other maximum height requirements in this Subpart A, or declaration that a proposed tower or antenna qualifies as either a camouflaged or low impact/stealth tower or antenna may only be obtained from the City Council. When the City Council acts on an application for a waiver from the minimum setback and separation requirements, a waiver from the landscaping requirements of this Part 15, a variance from the maximum height requirements for low impact/stealth towers, a variance from the maximum height and projection requirements for side-mount and rooftop antennas, a variance from the other maximum height requirements in this Subpart A, or a declaration that a proposed tower or antenna constitutes an acceptable low impact/stealth or camouflage design, such action shall be deemed the final action of the City. (a) Public hearing. A public hearing shall be held by the Council Committee of reference handling quasi-judicial matters to consider all applications for a waiver of the minimum setback and separation requirements of this Subpart A, a waiver from the landscaping requirements of this Part 15, a variance from the maximum height requirements for low impact/stealth towers, a variance from the maximum height and projection requirements for side-mount and rooftop antennas, a variance from the other maximum height requirements in this Subpart A, or a declaration that a proposed tower or antenna qualifies as either a camouflaged or low impact/stealth tower or antenna. Notice of the public hearing shall be given pursuant to the written notice and posting of sign requirements of Section 656.137 (a), (c) and (d). No published advertisement shall be required. The Department shall be responsible for making an advisory recommendation to the Council Committee of reference handling quasi-judicial matters on each application for a waiver or variance. Said recommendation shall be in writing and furnished to the Council Committee of reference handling quasi-judicial matters and the applicant at least three days prior to the scheduled hearing. (b) Waiver and variance criteria . The City Council may grant a waiver from the minimum setback and separation requirements of this Subpart A, a waiver from the landscaping requirements of this Part 15, a variance from the maximum height requirements for low impact/stealth towers, a variance from the maximum height and projections requirements for side-mount and rooftop antennas, or a variance from the other maximum height requirements in this Subpart A, only upon proof that there are no less intrusive means for siting the tower or antenna to meet the coverage needs of a Wireless Communications Service Provider. This burden may only be met where the applicant proves, by a preponderance of the evidence, that the request meets the following standards and criteria, to the extent applicable: (1) The location of existing uses, structures or other features on or adjacent to the property create a need for the waiver or variance; (2) The request is not based exclusively upon the desire to reduce the cost of developing the site or to circumvent the requirements or Chapter 656 , Part 15, Subpart A (Wireless Communication Facilities); (3) The proposed waiver or variance is the minimum necessary to address the need for the request; (4) The proposed waiver or variance will reflect, to the greatest extent reasonably practicable, the physical character, massing, scale and architecture of the surrounding land uses; (5) The proposed waiver or variance will not have a significant detrimental impact on adjacent property values; (6) The proposed waiver or variance will be compatible with the existing contiguous uses or zoning, as well as the general character and aesthetics of the neighborhood or area, considering the design and height of the tower or antenna, the mitigating effect of any existing or proposed landscaping, fencing or other structures in the area, and for towers, the proximity of the tower to existing or proposed buildings or other structures, and similar factors; and (7) The strict application of the requirements of this Section would constitute a substantial hardship to the applicant, which hardship is not self-created or self-imposed. (c) Declaration criteria . The Council Committee of reference handling quasi-judicial matters may add to the initial list of approved camouflaged and low impact/stealth tower and antenna-mount designs. The Council Committee of reference handling quasi-judicial matters may add to those lists by issuing a declaration that a proposed tower or antenna mount constitutes an acceptable camouflage or low impact/stealth design only upon proof of the following: (1) The proposed design is consistent with the intent and purpose of this Section; and (2) The proposed design does not detract from the physical character, massing, scale and architecture of the surrounding structures and land uses. (d) Appeals . City Council decisions under this subsection shall be deemed the final action of the City. Any person with standing may challenge a final action taken by the City Council in whatever way authorized by federal or State law. (e) Application fees. The application fee for a waiver, variance, or declaration of tower or antenna type under this Section shall be as found in www.coj.net/fees . The fees contained within this Section are subject to the Annual Review of Fees provision found in Section 106.112 , Ordinance Code. (Ord. 2007-561-E, § 2; Ord. 2010-216-E, § 10; Ord. 2010-613-E, § 1; Ord. 2017-665-E , § 29; Ord. 2025-410-E , § 4)