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A.
Regulation Compliance:
1.
Compliance with FCC and FAA Regulations: All operators of personal wireless services facilities shall demonstrate compliance with applicable Federal Communication Commission (FCC) and Federal Aviation Administration (FAA) regulations, including FCC radio frequency regulations, at the time of application and periodically thereafter as requested by the city. Failure to comply with the applicable regulations shall be grounds for revoking a site plan or conditional use permit approval.
2.
Other Licenses and Permits: The operator of every personal wireless services facility shall submit copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of the facility to the city, shall maintain such licenses and permits in good standing, and shall provide evidence of renewal or extension thereof upon request by the city.
B.
Protection Against Climbing: Monopoles shall be protected against unauthorized climbing by removing the climbing pegs from the lower twenty feet (20') of the monopole.
C.
Fencing: Monopoles and towers shall be fully enclosed by a minimum six foot (6') tall fence or wall, as directed by the city, unless the city determines that a wall or fence is not needed or appropriate for a particular site due to conditions specific to the site.
D.
Security Lighting Requirements: Monopoles and towers shall comply with the FAA requirements for lighting. As part of the conditional use permit consideration, the city may also require security lighting for the site. If security lighting is used, the lighting impact on surrounding residential areas shall be minimized by using indirect lighting, where appropriate.
E.
Abandonment: The city may require the removal of all antennas and monopoles if the facility has been inoperative or out of service for more than twelve (12) consecutive months.
1.
Notice: Notice to remove shall be given in writing by personal service, or by certified mail addressed to the operator's last known address.
2.
Violation: Failure to remove the antennas and monopoles after receiving written notice to remove is a violation of the terms of this chapter. The city may initiate criminal and/or civil legal proceedings against any person, firm, entity or corporation, whether acting as principal, agent, property owner, lessee, lessor, tenant, landlord, employee, employer or otherwise, for failure to remove antennas and monopoles in accordance with this chapter. The city may seek a civil injunction requiring the removal of any structures on the site in accordance with this chapter. Any lease agreement with the city may also stipulate failure to remove the antennas and monopoles after receiving written notice to do so pursuant to this chapter automatically transfers ownership of the antennas, monopoles, support buildings and all other structures on the site to the city.
(Ord. 557, 2-3-1999)