<div class="chunk-title">Sec. 72-56. - Procedure.</div>
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               A request for a variance must be submitted by the applicant in writing to the board
               of adjustment within ten days of receipt of notice of an adverse decision by the ordinance
               administrator. The board of adjustment may grant such variance upon findings that
               the following conditions exist:
               
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                  (1)
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                  Extraordinary and exceptional conditions pertaining to the particular place or property
                  in question because of its size, shape, topography, or requirement for microwave link
                  that are not applicable to other wireless communications facility sites governed by
                  this article.
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                  (2)
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                  The variance will not confer upon the applicant any special privileges that are denied
                  to other operators of wireless communications facilities governed by this article.
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                  (3)
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                  A literal application of the provisions of this article would deprive the applicant
                  of rights commonly enjoyed by other operators of wireless communications facilities
                  governed by this article.
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                  (4)
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                  The variance will be in harmony with the purpose and intent of this article and will
                  not be injurious to the neighborhood or to the general welfare.
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                  (5)
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                  The special circumstances are not the fault of the applicant.
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                  (6)
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                  The variance is necessary for the applicant to achieve operational objectives, including
                  co-location of antennas.
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               The board of adjustment shall make written findings to support its decision either
               granting or denying the variance, and a copy shall be provided to the applicant. The
               board of adjustment may attach to any variance such conditions as it deems necessary
               and appropriate. A request for a variance under this section shall not constitute
               an admission by the applicant of any findings of fact made by the ordinance administrator
               or a waiver of appeal rights provided by<a href="" data-chunk-id="COOR_CH72TE_ARTIIWICOFA_DIV1GE_S72-33AP" class="section-link" data-product-id="12776"> section 72-33</a>.
               </p>
            <p class="historynote0">
               (Ord. No. 97-1-10, art. V, Â§ A, 1-21-97; Ord. No. 99-5-3, Â§ 1, 5-4-99;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1118554">
                  Ord. No. 21-05-06
                  </a>
               , Â§ 1(Exh. A), 5-4-21)
               </p></div>