(A) Following the final decision by the Enforcement Officer to deny a permit, a tower permit applicant may request that the Board of Adjustment and Planning Board of the town grant a variance from the tower approval standards listed in this chapter.
(B) Before determining whether to, or not to, grant a variance, the Board of Adjustment and Planning Board shall hold a public hearing. The Board of Adjustment and Planning Board shall grant a variance if and only if it concludes that:
(1) Adherence to development standards in § 155.18 will cause extraordinary economic hardship to the applicant;
(2) The proposed use of the site will not substantially diminish the public health or safety or be detrimental to the general welfare of the town; and
(3) The proposed use of the site will not substantially detract from the natural beauty of the area and the town’s future economic growth and development.
(C) Should the Board of Adjustment and Planning Board grant the requested variance, the Enforcement Officer shall issue a tower permit. The permit applicant shall acknowledge and agree to permit conditions approved by the Board of Adjustment and Planning Board. If a building permit is not obtained within 12 months after the tower permit is issued, the tower permit shall expire.
(D) Should the Board of Adjustment and Planning Board deny the requested variance, the permit applicant may seek review by the courts as provided by law.
(Ord. 15-2021, passed - -)