(a) Upon approval of its Application, an Applicant shall receive a Small Cell Conditional Use and Zoning Permit indicating that the City has granted the Applicant consent to occupy the Right-of-Way.
(b) A Small Cell Conditional Use and zoning permit issued to an Operator shall have a duration of no longer than ten (10) years. Permits may be renewed for five (5) year terms.
(c) A Small Cell conditional use and zoning permit issued to a Facilities Operator who is not an Operator shall have a term of ten (10) years or the duration of the Facilities Operator’s agreement with a wireless service provider provided pursuant to Section 1135.06(b) whichever is shorter.
(d) A Small Cell Conditional Use/Zoning Permit shall not be renewed if the Facilities Operator or the Facilities are not in compliance with all applicable laws and regulations.
(e) Pursuant to Ohio R.C. Sections 4939.0314(E), a Small Cell conditional use/zoning permit shall be deemed terminated if the Facilities Operator has not completed construction of the Facilities or has failed to attach Small Cell Equipment to a Wireless Support Structure within 180 days of issuance of the permits, unless the delay is caused by:
(1) Make-ready work for a municipally-owned Wireless Support Structure; or
(2) Due to the lack of commercial power or backhaul availability at the site, provided that the Operator had made a request for commercial power or backhaul services within sixty (60) days after the Small Cell conditional/zoning permit was grants. If the additional time to complete the installation exceeds three hundred sixty (360) days after the issuance of the permits, then the permits shall be deemed terminated regardless of the cause of the delay.
(f) A Small Cell Conditional Use/Zoning Permit for a new Wireless Support Structure shall be deemed terminated if the Facilities Operator fails to attach Small Cell Equipment to the new Wireless Support Structure within one hundred eighty (180) days of issuance of the Small Cell Conditional Use/Zoning permits.
(g) A Small Cell Conditional Use/Zoning Permit may be terminated by the Facilities Operator at any time upon service of sixty (60) days written notice to the City.
(h) Upon termination of a small Cell Conditional Use/Zoning Permit, the Facilities Operator shall restore and rehabilitate the Right-of-Way to its former condition and utility.
(i) The City shall not issue any refunds for any amounts paid by the Facilities Operator upon termination of the permits.
(Ord. 2020-4053. Passed 1-7-21.)