ORD 1743 - Laserfiche WebLink

2. A nonconforming personal wireless service facility shall not be altered or modified unless approved by the Zoning Administrator subject to the determination that the alteration or modification will cause the personal wireless service facility to be in greater conformance with this Chapter. C. Personal wireless service facilities approved prior to the date of this ordinance which comply with the provisions of this Chapter shall be subject to the regulations in this Chapter including Section 18.110.270 except that the lack of a five (5) year'review period shall not make a pre-existing personal wireless service facility, as described in Section 18.110.260.A, a pre-existing nonconforming use. D. Within eight (8) months from the effective date of this ordinance, the Zoning Administrator shall review the approval for all personal wireless service facilities approved prior to the effective date of this ordinance to determine if they are conforming or nonconforming uses. E. Any personal wireless service facility approved by the City prior to the effective date of this ordinance shall cease operations within six (6) months of the enactment of this ordinance and shall be immediately removed. unless the personal wireless service facility submits the materials required in Subsection 18.110.260.A. F. The Zoning Administrator shall determine which nonconforming uses. including pre-existing nonconforming uses as defined in Subsection 18.110.260.B, are to be submitted to the City Council for review. The Zoning Administrator shall base his/her decision on substantial evidence that the nonconforming use is a threat to the public health, safety and general welfare. and/or materially injurious to the properties or improvements in the vicinity. The City Council shall then hold a noticed public hearing. The personal wireless service provider shall be provided written notice. not less than thirty (30) days prior to the hearing, including, with reasonable specificity, (i) the nature of the threat and/or material injury and copies of all of the evidence and materials upon which the Zoning Administrator based his/her determination, (ii) a reasonably ascertainable means to correct the threat and/or material injury, if possible, and (iii) a reasonable opportunity to cure the same, if curable, which time period in no event shall be less than thirty (30) days from the date of notification or such lesser time period as may be warranted by virtue of a public emergency. At the hearing, the City Council shall accept evidence from the personal wireless service provider, the public. and any other interested persons in determining whether substantial evidence supports the finding that the nonconforming use is a threat to the public health, safety and general welfare, and/or materially injurious to the properties or RZ-97-7 Page 17 5/19/98 RZ977A8A.sam/RKE