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Apple Valley City Zoning Code

9.77.200

Deviations From Established Standards

The Planning Commission may increase or modify any standard relating to antenna height, setback, separation distance, security fencing or landscape screening established within this Chapter 9.77 "Wireless Telecommunications Towers and Antennas" if the goals of this ordinance would be better served by granting a Deviation Permit as prescribed in Chapter 9.25 "Deviation Permits" of this Code. In granting said Deviation Permit, the Commission shall make the following Findings:

A.

That the applicant has provided supporting documentation of the identified need that cannot be met in any other manner;

B.

That there are unique circumstances associated with the proposed location necessitating the requested Deviations;

C.

That there are no reasonable alternative sites available to provide the services offered;

D.

That the submitted information and testimony from the applicant, staff and public illustrates a reasonable probability that allowance of the Deviation will have minimal or no adverse impacts to the site, surrounding area or the community in general; and

E.

That the Commission finds that the proposed deviation will not be materially detrimental to the public health, safety or general welfare, or injurious to the property or improvements in the vicinity and land use district in which the property is located.