§ 34-75. Modifications.

A modification to any requirements of this article shall be processed in the manner as a variance as set forth in section 36-68(a)(1). If the requested modification pertains to the requirements of section 34-70(b) or (e), the zoning board of appeals shall, in addition to other facts and circumstances, find the following:

(1)

The proposed location is essential for the operation of the telecommunications system, as determined by a qualified professional engineer.

(2)

Existing towers or other structures in the vicinity cannot accommodate the proposed communication facilities due to inadequate structural capacity, as documented by a qualified professional engineer.

(3)

Existing towers or other structures in the vicinity cannot accommodate the proposed communication facilities due to interference with existing or planned communication facilities, as documented by a qualified professional engineer.

(4)

Existing towers or other structures in the vicinity cannot accommodate the proposed communication facilities due to inadequate height, as documented by a qualified engineer.

(5)

Owners of existing towers or other structures in the vicinity have denied permission to locate the proposed communication facilities on such existing towers or other structures.

(6)

The proposed tower or antenna has been designed to reduce or eliminate adverse effects on adjoining properties including visual obtrusiveness.

(Code 1970; Code 1992, § 815.11; Ord. No. 812, 6-10-1971; Ord. No. 812-A1, 6-17-1981; Ord. No. 812-A2, 6-12-1985; Ord. No. 815, 8-26-1992; Ord. No. 1992-3, 11-2-1992; Ord. No. 1997-5, 8-18-1997; Ord. No. 2004-4, 4-29-2004; Ord. No. 2008-03, 3-3-2008)