Skip to main content
Loading…
This section is included in your selections.

A deviation may be granted, but shall be limited in scope to that necessary where it is shown that:

a.In the case of repairs or replacement of existing aboveground facilities, a showing that as proposed the repairs or replacements do not significantly alter the cumulative visual impact of overhead facilities; or

b.In the case of a wireless communications facility:

1.The facility will be placed on an existing aboveground structure and the only portions of the wireless communications facility that will be aboveground are an antenna otherwise complying with the requirements of Chapter 38 of this code, as may be amended, and meters and disconnects that are required to be placed aboveground;

2.The wireless communications facility is approved as a stealth facility under Chapter 38 of this code, as may be amended;

3.The wireless communications facility is integrated within an existing or replacement street light pole or other existing vertical structure, approved pursuant to Chapter 38 of this code, as may be amended. In an integrated design, there are no aboveground exterior wires or equipment cabinets other than those associated with a meter or disconnect that are required to be placed aboveground and outside of the structure; or

4.It is not technically feasible to place equipment underground, and the City is required by state or federal law to permit placement in the area proposed; or

c.Placement underground would result in the violation of other provisions of the City Code, including the City’s noise ordinances; or

d.There are unusual environmental circumstances which would cause:

1.Injury or danger to persons;

2.Landslides, soil erosion, or exposure of trenches;

3.Widespread, long-term, or permanent destruction of vegetation or native trees;

4.Serious property damage, including damage to historical or archaeological resources; or

5.Hindrance to other construction or excessive relocation costs; and

e.The operator seeking the deviation has proposed a plan for placement that minimizes the visual impacts of the proposed facility; and

f.Along a section of roadway where the distribution lines of telephone and electric systems are underground, or are being converted to underground, a “technical feasibility” showing requires the applicant to show the proposed facility cannot be placed in an area where there are existing aboveground facilities, not subject to conversion. (Ord. 3609 § 2, 2020)