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A wireless communications facility that is located within any utility right-of-way where undergrounding of utilities is scheduled to occur, shall be removed at the owner's expense within 90 days of notice from the city. If the wireless communications facility is not removed within 90 days, the city may remove such facility at the owner's expense.
(`64 Code, Sec. 34-239) (Ord. No. 2449)
Wireless communications facilities that existed on January 13, 1998 and that do not comply with the requirements of this division (“nonconforming facilities”) are subject to the following standards:
(A) Nonconforming facilities may continue in use, but shall not be expanded without compliance with this article.
(B) Nonconforming facilities may add additional antennae on approval of the manager.
(C) Nonconforming towers may be maintained or replaced with a new tower of similar construction and height; provided, however, that such replacement or other construction, other than routine maintenance, shall comply with the requirements of this division.
(D) With the exception of abandoned nonconforming facilities, nonconforming facilities that are damaged or destroyed may be repaired and rebuilt. The type, location and physical dimensions of the rebuilt facility shall be the same as the original facility. Building codes in effect at the time of repair or rebuilding shall apply thereto. The applicant shall obtain building permits within 180 days from the date the facility was damaged or destroyed. If no permit is so obtained or if the permit expires before the repair or rebuilding is completed, the nonconforming facility shall be deemed abandoned.
(E) Without conforming to the provisions of this division, a nonconforming facility may be replaced, repaired, rebuilt or expanded in order to improve the structural integrity of such facility, allow such facility to accommodate colocated antennae or facilities, or upgrade such facility to current engineering, technological or communications standards, as long as the nonconforming facility is not increased in height by more than ten percent and setbacks are not decreased.
(`64 Code, Sec. 34-240) (Ord. No. 2449)
(A) Minor modifications - The manager may approve minor modifications to existing wireless communications facilities. Minor modifications include the following:
(1) An increase of up to ten feet above the height limit of the applicable zone in order to accommodate co-location or an attached facility; or
(2) A decrease of up to ten percent in setbacks or separation requirements.
(B) Major modifications - Major modifications to wireless communications facilities shall require issuance of a special use permit in accordance with sections 16-530 to 16-533. Major modifications are any modifications that exceed the definition of minor modifications or that are not listed as minor modifications.
(`64 Code, Sec. 34-241) (Ord. No. 2449)
In granting a special use permit or a master special use permit pursuant to this article, the commission may modify the development standards of this article and of the zone in which the wireless communications facilities are to be located, if the commission finds that such modifications are consistent with the goals, principles and standards of the general plan and other adopted city policies and with the public welfare; provided, however, that the commission may modify numerical standards, such as setbacks, height and separation distances, by no more than 25%, except in the C-2, BRP, C-M and M-L zones, whether or not such zones are in a planned development zone, as provided in section 16-492(A).
(`64 Code, Sec. 34-242) (Ord. No. 2449, 2539)
Within 90 days of commencement of operations of a wireless communications facility, the operator of such facility shall provide to the program a report prepared by a qualified engineer, verifying that the operation of such facility is in compliance with the standards established by the American National Standards Institute and the Institute of Electrical and Electronic Engineers for safe human exposure to electromagnetic fields and radio frequency radiation.
(`64 Code, Sec. 34-243) (Ord. No. 2449)
Violation of any provision of this division is a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. The penalty for a misdemeanor is a fine not to exceed $500 or imprisonment for a term not to exceed six months, or both such fine and imprisonment.
(`64 Code, Sec. 34-244) (Ord. No. 2449)
DIVISION 17. REASONABLE ACCOMMODATION
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