Linden City Zoning Code
§ 31-50.3.7
Waiver.
[Added 6-15-2021 by Ord. No. 65-25]
The City Council, or other City person, agency or department with the authority to do so, may waive any provision or standard set forth in this section where it is demonstrated that the strict enforcement of said standard:
a.
Will prohibit or have the effect of prohibiting any telecommunications service pursuant to 47 U.S.C. 253(a); or
b.
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
c.
Will violate any requirement set forth in the FCC Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79; "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WC Docket No. 17-84; or
d.
Will prohibit, or have the effect of prohibiting, the ability of an entity to provide wireless service to any prospective customer within the City.