§ 30-65.13. Exceptions.

(a)

The city recognizes that federal law prohibits a permit denial when it would materially inhibit the provision of wireless services and the applicant proposes the least intrusive means to provide such services. The city council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for proposals in which strict compliance with this Act would materially inhibit wireless services serves the public interest. Therefore, in the event that any applicant asserts that strict compliance with any provision in this Act, as applied to a specific proposed personal wireless services facility, would materially inhibit the provision of wireless services, the director, subject to the approval of the department of public works, may grant a limited exemption from strict compliance subject to the provisions in this section.

(b)

Required findings. The director shall not grant any exception unless the applicant demonstrates with clear and convincing evidence all the following:

(1)

The proposed wireless facility qualifies as a "personal wireless services facility" as defined in United States Code, Title 47, section 332(7)(ii);

(2)

The applicant has provided the city with a clearly defined technical service objective and a clearly defined potential site search area;

(3)

The applicant has provided the city with the factual reasons why any alternative location(s) or design(s) that would strictly comply with this Act suggested by the city or otherwise identified in the administrative record are not technically feasible or potentially available; and

(4)

The applicant has provided the city with a meaningful explanation of why the proposed location and design deviates is the least noncompliant location and design necessary to reasonably achieve the applicant's technical service objectives.

(c)

Scope. The director shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to achieve its technical service objectives. The director may adopt conditions of approval as necessary to promote the purposes in this Act and protect the public health, safety and welfare.

(d)

Independent consultant. The city shall have the right to hire, at the applicant's expense (subject to the provisions of section 30-65.4(f)), an independent consultant to evaluate issues raised by the exception and to submit recommendations and evidence in response to the application.

(M.C.S., Ord. No. 27999, § 1, 3-14-19)