(A) The Board 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 subchapter;
(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 subchapter;
(3) This subchapter would deprive the applicant of rights commonly enjoyed by other operators of towers governed by this subchapter;
(4) The variance will not seriously deter from the purpose and intent of this subchapter and will not be injurious to the neighborhood or to the general welfare; and
(5) The special circumstances causing the need for variance(s) are not the fault of the applicant.
(B) Co-location of facilities and/or stealth technology shall be considered a mitigating factor to a variance request and may be justification for the request.
(Ord. passed 11-6-2003)