Any applicant desiring relief, waiver or exemption from any aspect or requirement
of this article may request such at the pre-application meeting, provided that the
relief or exemption is contained in the original application for either a special
use permit, or in the case of an existing or previously granted special use permit
a request for modification of its tower and/or facilities. Such relief may be temporary
or permanent, partial or complete. However, the burden of proving the need for the
requested relief, waiver or exemption is solely on the applicant to prove. The applicant
shall bear all costs of the city in considering the request and the relief, waiver
or exemption. No such relief or exemption shall be approved unless the applicant demonstrates
by clear and convincing evidence that, if granted the relief, waiver or exemption
will have no significant affect on the health, safety and welfare of the city, its
residents and other service providers.
(Ord. No. 2003-19, § 28, 1-5-03)
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