(a) Telecommunication equipment is permitted to be located on existing structures in all I-P and I-G districts subject to meeting setback requirements and the following standards. Existing structures will include water towers, billboards, lighting standards or other structures, as well as any type of building. Approval of such facilities will be an administrative process of the City Planning Commission within the City limits.
(b) All providers utilizing towers shall present a report to the Zoning Administrator, or his or her designee, notifying them of any tower facility located in the City whose use will be discontinued and the date this use will cease. If at any time the use of a facility is discontinued for 120 days, the Zoning Administrator may declare the facility abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility's owner/operator will receive written notice from the Zoning Administrator, or his or her designee, and be instructed to either reactivate the facility's use or dismantle and remove the facility. If reactivation or dismantling does not occur, the City may remove or may contract to have removed the facility and assess the owner/operator the costs.
(c) The City shall provide the tower owner written notice and an opportunity to be heard before the Planning Commission before initiating any such removal action. After such notice has been provided, the City shall have the authority to initiate proceedings to either acquire the tower and any appurtenances attached thereto at the then fair market value, or in the alternative, order the demolition of the tower and all appurtenances.
(d) The City shall provide the tower owner with the right to a public hearing before the Planning Commission, which public hearing shall follow the written notice required in subsection (c) hereof. All interested parties shall be allowed an opportunity to be heard at the public hearing.
(e) After a public hearing is held pursuant to subsection (d) hereof, the Planning Commission may recommend to City Council the acquisition or demolition of the tower. The City may require the tower applicant to pay for all expenses related to the acquisition and demolition of the tower.
(Ord. 25-97. Passed 7-3-97.)