(A) Changed circumstance. Any Conditional Use Permit granted or approved pursuant to this chapter must be granted or approved by the city and its Planning Commission with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the following in relation to the approved facility as described and diagramed in the related site plan: increased height or size of the facility; additional impairment of the views from surrounding properties; change in the type of antenna or supporting structure; changed color or materials; substantial change in location on the site; and an effective increase in signal output above or near the Maximum Permissible Exposure (MPE) limits imposed by the revised radio frequency emissions guidelines by the Federal Communications Commission.
(B) Additional right to revoke for violation. This reservation of right to review any permit granted or approved hereunder by the city, its Planning Commission and/or City Council is in addition to, and not in lieu of, the right of the city, its Planning Commission and/or City Council to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.
(C) Modification of permit/colocation. Upon review, any changed circumstance as determined by the Planning Director requires the application and approval of a modification to the original Conditional Use Permit, provided that any modification to accommodate colocated facilities may be approved administratively without the approval of the Planning Commission.
(Ord. 1105, passed 12-6-04)