(A) At any time between 12 months and 6 months prior to the five-year anniversary date after the effect date of the special use permit and all subsequent fifth anniversaries of the effective date of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such wireless telecommunications facilities shall submit a signed written request to the Council for recertifcation. In the written request for recertification, the holder of such special use permit shall note the following:
(1) The name of the holder of the special use permit for the wireless telecommunications facilities;
(2) If applicable, the number or title of the special use permit;
(3) The date of the original granting of the special use permit;
(4) Whether the wireless telecommunications facilities have been moved, re-located, rebuilt, or otherwise modified since the issuance of the special use permit and if so, in what manner;
(5) If the wireless telecommunications facilities have been moved, re-located, rebuilt or otherwise modified, then whether the Council approved such action, and under what terms and conditions, and whether those terms and conditions were complied with;
(6) Any requests for waivers or relief of any kind whatsoever from the requirements of this chapter and any requirements for a special use permit;
(7) That the wireless telecommunications facilities are in compliance with the special use permit and compliance with all applicable codes, ordinances, rules and regulations;
(8) Recertification that the telecommunications tower and attachments both are designed and constructed ("as built") and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a qualified state licensed professional engineer acceptable to the city, the cost of which shall be borne by the applicant.
(B) If, after such review, the Council determines that the permitted wireless telecommunications facilities are in compliance with the special use permit and all applicable statutes, local laws, codes, aides and regulations, then the Council shall issue a recertification special use permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon, of required by applicable statutes, ordinances, local ordinances, codes, rules and regulations. If, after such review, the Council determines that the permitted wireless telecommunications facilities are not in compliance with the special use permit and all applicable statutes, local laws, codes, roles and regulations, then the Council may refuse to issue a recertification special use permit for the wireless telecommunications facilities, and in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of such decision by the Council. Any sure decision shall be in writing and supported by substantial evidence contained in a written record.
(C) If the applicant has submitted all of the information requested by the Council and required by this chapter, and if the Council does not complete its review, as noted in division (B) of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special use permit for up to six months, in order for the Council to complete its review.
(D) If the holder of a special use permit for wireless telecommunications facilities does not submit a request for recertification of such special use permit within the timeframe noted in division (A) of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the Council that extenuating circumstances prevented a timely recertification request. If the Council agrees that there were legitimately extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit.
(Ord. 2002-01, passed 2-13-02)