The Communications Review Board shall have the following powers and duties:
(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Ordinance Administrator in the enforcement of this chapter.
(B) Variances. The Communications Tower Review Board shall have the power to authorize, in
specific cases, minor variances from the terms of this chapter as will not be contrary to the public interests where, owing to special condition, a literal interpretation of this chapter will result in practical difficulties or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardships only upon findings of the Communications Tower Review Board after a public hearing that the following conditions exist:
(1) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures;
(2) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located;
(3) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;
(4) The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;
(5) The special circumstances are not the result of the actions of the applicant; and
(6) The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.
(Ord. passed 12-4-2000; Ord. passed 6-17-2002)