(A) Appeals of the ordinance administrator's decision. The applicant may make an appeal for review of any order, requirement, decision or determination made by the Ordinance Administrator to the Board of Commissioners. The appeal shall be submitted in writing to the Board of Commissioners within ten days of receipt of notice of order, requirement, decision or determination. The Board of Commissioners shall decide the appeal based upon its findings of fact and the intent of the chapter within 60 days. The effect of this decision shall not be to vary the terms of this chapter, but rather to interpret it.
(B) Variance request. A request for a variance may be submitted in writing to the Ordinance Administrator along with an application for a wireless communication tower special use permit or a request for a variance may be submitted by the applicant in writing to the Ordinance Administrator and Board of Commissioners within ten days of receipt of notice of an adverse decision by the Ordinance Administrator or Board of Commissioners. The request shall identify any variance(s) to the chapter, the reason(s) for seeking the variance(s) and any measures that are proposed to mitigate possible adverse effects of the proposed chapter. The Board of Commissioners shall decide on the variance request within 60 days.
(C) Variance conditions. The Board of Commissioners may grant a variance upon finding that the following conditions exist:
(1) Extraordinary and exceptional conditions pertaining to the particular place or property in question because of its size, shape, topography or requirement for towers that are not applicable to other tower sites governed by this chapter;
(2) The variance will not confer upon the applicant any special privileges that are, or would be, denied to other operators of towers governed by this chapter;
(3) This chapter would deprive the applicant of rights commonly enjoyed by other operators of towers governed by this chapter;
(4) The variance will not seriously deter from the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;
(5) The special circumstances causing the need for variance(s) are not the fault of the applicant; and
(6) The variance is necessary for the applicant to achieve operational objectives.
(D) Mitigating factor(s). Collocation of facilities and/or stealth technology shall be considered a mitigating factor to a variance request and may justify the request.
(Ord. passed - -)