§ 19.28.060. Required findings.

A.

General Findings. The decision making authority may approve or approve with conditions any Use Permit required under this Chapter, after making the following findings in addition to any other findings required by this Ordinance:

1.

The proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility.

2.

The applicant has made good faith and reasonable efforts to locate the proposed wireless facility on a support structure other than a new ground-mounted antenna, monopole, or lattice tower, or to accomplish co-location.

3.

The proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

4.

The proposed facility will not be readily visible, or it is not feasible to incorporate additional measures that would make the facility not readily visible as defined in Section 19.28.040.

B.

Additional Findings for Facilities Not Co-Located. To approve a wireless facility that is not co-located with other existing or proposed facilities, or a new ground-mounted antenna, monopole, or lattice tower the decision maker shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations including that such siting:

1.

Would have more significant adverse effects on views or other environmental considerations than a non co-located facility;

2.

Is not permitted by the property-owner;

3.

Would impair the quality of service to the existing facility; or

4.

Would require existing facilities at the same location to go off-line for a significant period of time.

C.

Additional Findings for Facilities in a Residential Zone. To locate a facility in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet, or at any location where it is readily visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision maker shall find that:

1.

It is not feasible to provide the service at another location; or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and

2.

The proposed facility provides an important link in the applicant's service area build-out and is necessary to provide personal wireless services to city residents.

D.

Additional Findings for Setback Reductions. To approve a reduction in setback, the decision maker shall make one or more of the following findings:

1.

The facility will be co-located onto or clustered with an existing, legally established telecommunication facility.

2.

The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

E.

Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law.

(Ord. 2008-2 Div. II (part), 2008.)