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3. The personal wireless service provider has failed to comply with the conditions <br /> of approval imposed. <br /> <br /> 4. The personal wireless service facility has not been properly maintained. <br /> <br /> 5. The personal wireless service provider has not agreed in writing to upgrade the <br /> personal wireless service facility within six (6) months to minimize the facility's adverse <br /> visual impact to the greatest extent permitted by the technology that exists at the time of <br /> renewal. The Zoning Administrator shall determine if a new technology shall further <br /> minimize a facility's adverse visual impact and if a facility shall be required to be <br /> upgraded. A personal wireless service facility shall not be upgraded unless it shall <br /> continue to comply with the requirements of this Chapter as they exist at the time of <br /> renewal. <br /> <br /> Notwithstanding the foregoing, no public hearing to schedule a denial of an <br /> extension pursuant to this Section shall be calendared until the Zoning Administrator has <br /> first provided a written notice to the personal wireless service provider including with <br /> reasonable specificity, (i) the nature of the deficiency or violation; (ii) a reasonably <br /> ascertainable means to correct such deficiency or violation; and (iii) a reasonable <br /> opportunity to cure the same if the deficiency or violation is curable, which time period in <br /> no event shall be less than thirty (30) days from the date of notification or such lesser <br /> period as may be warranted by virtue of a public emergency. <br /> <br /> B. If an approved personal wireless service facility meets the requirements of this <br /> Chapter but it is no longer allowed in its applicable zoning district, the personal wireless <br /> service facility shall be permitted to remain for five (5) years from the date of the <br /> facility's next approval renewal, or until such time as the lessor's lease. including <br /> renewals, with the property expires, or the City Council takes action pursuant to Section <br /> 18.110.260.F <br /> <br /> A nonconforming personal wireless service facility shall not be altered or <br /> modified unless approved by the Zoning Administrator subject to a determination that the <br /> alteration or modification will cause the personal wireless service facility to be in greater <br /> conformance with this Chapter. <br /> <br /> C. The Zoning Administrator's decision to deny a renewal may be appealed as <br /> described in Section 18.144.050 of the Municipal Code. <br /> <br /> D. At the Zoning Administrator's request, the personal wireless service provider <br /> shall provide a written summary certifying the commencement date and expiration date of <br /> any lease, license, property right, or other use agreement for the personal wireless service <br /> facility, including any options or renewal terms contained therein. <br /> <br />RZ-97-7 Pag~ 19 <br />5 / 19/98 <br />RZ977A8A.sam/RKE <br /> <br /> <br />