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violation of federal or state law. <br /> (b) The City may grant a waiver in those circumstances where a <br /> competitively neutral use of the public rights-of-way is impaired by <br /> strict application of the requirements of this Ordinance. <br /> (c A request for a waiver shall be filed either prior to or <br /> contemporaneously with the permit application. The request for <br /> waiver shall contain each provision for which a waiver is sought. A <br /> request for a waiver shall include the following information: <br /> (1) A detailed explanation. with supporting engineering <br /> information by a Florida licensed engineer or other data. as to <br /> why a waiver from the requirements of this Ordinance is <br /> required to allow the applicant to have nondiscriminatory and <br /> competitively neutral use of the public rights-of-way, <br /> including a detailed explanation addressing the relevant <br /> engineering criteria; <br /> (2) Nature and characteristics of the surrounding neighborhood: <br /> (3) Any special conditions and circumstances affecting the <br /> proposed site which prevent compliance with the Ordinance or <br /> subsection for which a waiver is being sought; <br /> (4) If applicable. topography. tree coverage and foliage in the <br /> immediate surrounding area of the proposed facility or within <br /> the surrounding neighborhood; <br /> (5) Design of the proposed facility with particular reference to <br /> achieving compatibility with the surrounding neighborhood <br /> and other structures in the public rights-of-way and <br /> eliminating adverse visual impacts: <br /> (6) If the proposed waiver is compliant with the Americans With <br /> Disabilities Act, 42 U.S.C. §12101. et seq.. and applicable <br /> codes; <br /> (7) Any other information the City may reasonably require to <br /> process the request for waiver. <br /> (d) The City shall grant or deny a request for a waiver within forty-five <br /> (45) days after receiving the request for waiver or time frame under <br /> applicable law unless the applicant and City consent to an extension. <br /> In granting any waiver. the City may impose conditions to the extent <br /> the City determines such conditions are necessary to minimize any <br /> adverse effects of the proposed facility on the surrounding <br /> 49 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />