BZA denies request for 445‑foot communications tower amid ordinance and setback disputes

The Leaport County Board of Zoning Appeals voted July 21 to deny a petition to build a 445‑foot wireless communications tower at 344 West 1000 North in Springfield Township.

The applicant (listed on the record as Ruth Hugley Lisor with Iron Mountain Towers LLC) sought a height special exception above the 199‑foot local limit. Counsel for the applicant argued the tower is allowable in the agricultural district as an accessory use to a farm dwelling and cited ordinance sections and case law; opposing speakers and some board members cited section 1501C which—on its face—excludes one‑family dwellings from certain co‑location allowances. Board members also raised concerns about setbacks from residences, tower‑to‑tower spacing and the applicant’s property‑elimination report.

A point of order reminded the board that under federal law and local guidance decisions on wireless facilities must be supported by substantial evidence and that votes should include written reasons tied to the JZO criteria. After debate the board took a motion to deny the petition and the motion carried on a voice vote; the transcript records members’ insistence that rationales be stated but does not publish a detailed findings document in the hearing transcript.

The record shows exchanges between counsel and board members over whether the proposed tower meets the county’s accessory‑use and developmental‑variance standards and whether a separate developmental variance was required. The applicant said engineering reports and a property elimination analysis (reviewing 48 properties) supported the application. Opponents stressed the plain language of section 1501C and local safety concerns. The denial ends the petition at this hearing; further administrative filings or appeals would be next steps.