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(1) Wireless communication facilities must meet the setback requirements of the underlying zoning district.

(2) The Director or Hearing Examiner, depending on the type of application, may permit modifications to be made to setback requirements when:

(a) An applicant for a wireless communication facility can demonstrate that placing the facility on certain portions of a property within the required setback will provide better screening and aesthetic considerations than provided under the existing setback requirements; or

(b) The modification will aid in retaining open space and trees on the site; or

(c) The proposed location allows for the wireless communication facility to be located at a greater distance from residentially zoned properties.

(3) Zoning setback modifications shall not be used to reduce any setback required under the State Building Code or Fire Code. (Ord. 03-19 § 3 (Exh. B); Ord. 09-12 § 1 (Exh. A))