17.130.290 Exceptions.
A. Exceptions pertaining to any provision of this chapter, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority if the reviewing authority makes the finding that:
1. Denial of the facility as proposed would violate Federal law, State law, or both; or
2. A provision of this chapter, as applied to applicant, would deprive applicant of its rights under Federal law, State law, or both.
B. An applicant may request an exception only at the time of applying for a wireless telecommunications facility permit and not at any time thereafter. The request must include both the specific provision(s) of this chapter from which the exception is sought and the basis of the request. Any request for an exception after the City has deemed an application complete shall be treated as a new application.
C. Notwithstanding any other provision of this chapter, a use permit shall be required for a facility when an exception is requested.
D. The applicant shall have the burden of proving that denial of the facility as proposed would violate Federal law, State law, or both, or that the provisions of this chapter, as applied to applicant, would deprive applicant of its rights under Federal law, State law, or both, using the evidentiary standards required by that law at issue. The City shall have the right to hire one or more independent consultants, at the applicant’s expense in accordance with SMC 17.130.070, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant’s claim.
E. Exceptions shall only be granted as necessary to ensure compliance with Federal law, State law, or both. Any exceptions granted pursuant to this section shall adhere as closely as practicable to the requirements of this chapter.
F. Exceptions to the requirements specified in SMC 17.130.010 through 17.130.210 may be granted through issuance of a conditional use permit by the Planning Commission. Such a permit may only be approved if the Planning Commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.
G. An exception to the requirements of SMC 17.130.160 and 17.130.180 may only be granted upon written concurrence by the Fire Chief.
H. Tower setback requirements may be waived under any of the following circumstances:
1. The facility is proposed to be collocated onto an existing, legally established telecommunications tower; and
2. Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. (Ord. 1123 § 3 (Exh. A § 4), 2019)