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ance. Both, he said, were closer to the road than 55 feet.
Returning from the zoning ordinance with records, Konick reported that the BZA granted two special use permits to Centel for those earlier installations. “So obviously they did know they had to comply with the zoning ordinance.”
“They did know or they should have known,” countered Bird, arguing that the earlier permit applications had no bearing on the question of good faith at issue in the current application.
“They knew it was regulated by the ordinance,” Konick repeated. He also pointed out that after getting the earlier special use permits, CenTel failed to file the required development plan or apply for a building permit.
The board split 2-2 with Luke and Swindler finding that CenTel had not acted in good faith. The two agreed that the utility knew it needed a building permit
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