No communications tower or wind energy system shall be placed in the city without a permit issued by the city.
(A) Application. Application for a communications tower or wind energy system permit shall be made to the City Clerk on forms provided by the city for that purpose.
(B) Special exception. No communications tower or wind energy system permit shall be issued until the proposed location of the tower or system has been approved by the grant of a special exception by the Board of Adjustment pursuant to the provisions of Chapter 155.
(C) Permit.
(1) A permit for the construction and maintenance of a communications tower or wind energy system shall be issued to the owner of the tower or system as specified in the application only upon compliance with all applicable ordinances of the city. The permit shall be of indefinite duration and shall remain in effect so long as the tower or system remains in compliance with all applicable city ordinances. A communications tower or wind energy system permit may be revoked by the City Council upon notice to the owner and following opportunity for a hearing before the City Council, for a violation of any applicable city ordinance, state statute or regulation, or federal statute or regulation.
(2) The issuance of a permit under this section shall not relieve any permittee from compliance with all legal requirements, nor relieve the permittee of any liability for damage or loss resulting from the placement, construction or maintenance of the tower or system. The city assumes no liability whatsoever by virtue of the issuance of a communications tower or wind energy system permit.
(3) The permit shall be maintained at the tower or system site.
(D) Permit fee. The fee for each permit issued under the provisions of this section shall be $200.
(Prior Code, § 8-8-5) (Ord. 712, passed 11-1-2010) Penalty, see § 10.99