Laserfiche WebLink
<br />c. The owner or operator of a wireless communications facility that was approved <br />by the City before the effective date of this Section shall submit to the Zoning <br />Administrator written certification by an approved engineer that the facility's <br />radio-frequency emissions are in compliance with current, applicable FCC <br />regulations. This certification shall be submitted within six (6) months from the <br />date the Zoning Administrator informs the owner or operator of this requirement. <br />If the facility does not comply with applicable FCC requirements, the owner or <br />operator shall cease operation of the facility until it is brought into compliance. In <br />order to assure the objectivity of the analysis, the City may require, at the owner's <br />expense, independent verification of the results of the analysis. <br /> <br />d. Failure to submit the information required in this Subsection shall be <br />considered a violation of the Zoning Code. Any facility found in violation may be <br />recommended by the Plan Commission and ordered by the City Council to <br />terminate operations following a duly noticed public hearing <br /> <br />9. Duration. Revocation. Discontinuance and Removal. <br /> <br />a. Duration of Permits. <br />(1) An approved conditional use permit for a new or modified wireless <br />telecommunications facility must be activated within one (1) year from the <br />date of final approval. If not activated within one year from the date of <br />final approval, the permit shall be deemed expired. <br /> <br />(2) Once activated, a permit shall be valid for an initial maximum period <br />of up to five (5) years, or as specified by the approving body. A permit <br />may be administratively extended without a public hearing for a <br />subsequent five-year term by the Zoning Administrator upon verification <br />of continued compliance with the findings and conditions of approval <br />under which the application was originally approved, as well as any other <br />provisions provided for in the Zoning Code, and Federal and State <br />regulations which are in effect at the time of permit renewal. For any <br />subsequent five-year term, a public hearing may be required by the City <br />Council. <br /> <br />b. Revocation. <br />(1) In the event the Zoning Administrator finds that the owner or operator <br />has not maintained the facility in compliance with all applicable Code <br />requirements, the Administrator shall initiate a procedure to revoke the <br />conditional use permit, as outlined in Article 11, Section 34-133.4. <br /> <br />(2) Costs associated with the process of verification of compliance and <br />the extension or revocation of the permit shall be borne by the owner of <br />the facility. <br />c. Discontinuance and Removal <br /> <br />14 <br />