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(A) A permit for any wireless telecommunications facility shall be valid for a period of ten years, unless the Planning Commission authorizes a different period, or pursuant to another provision of the Fairfax Municipal Code the permit lapses sooner or is revoked. At the end of such period, the permit shall expire.
(B) A permittee may apply for renewals of its permit in increments of no more than ten years and no sooner than 12 months prior to expiration of the permit.
(C) An application for renewal shall be evaluated based on federal, state, and local law as it exists at the time applicant seeks renewal. The following may also be required for an application to renew a wireless permit:
(1) At the Zoning Administrator's discretion, additional studies and information may be required of the applicant.
(2) If the Zoning Administrator determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of the Fairfax Municipal Code that are then in effect, the Zoning Administrator shall refer the renewal request to the Planning Commission.
(D) The request for a renewal shall be decided by the Planning Commission if the permit expired before the application is made for a renewal or if the Zoning Administrator refers the matter to the Planning Commission. After notice and a public hearing, the Planning Commission may approve, conditionally approve, or deny the renewal. A permit application may not be renewed if the facility is not upgraded to mitigate its impacts, including land use compatibility, visual resources, public safety or other factors addressed by CEQA, to the greatest extent permitted by technology which exists at the time of renewal and is consistent with the provisions of adequate service at affordable rates.
(Ord. 833, passed 8-7-2019)