§ 5-35.08. Right to review or revoke permit.

(a)

Changed circumstance. Any Telecommunication Permit approved pursuant to this chapter shall be granted by the City with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, the following in relation to the telecom facility and its specifications in the approved application and/or conditions of approval:

(1)

An increase in the height or size of any part of the facility;

(2)

Additional impairment of the views from surrounding properties;

(3)

Increase in size or change in the shape of the antenna or supporting structure;

(4)

A change in the facility's color or materials;

(5)

A substantial change in location on the site;

(6)

An effective increase in signal output above the Uncontrolled/General Population Maximum Permissible Exposure (MPE) limits imposed by the radio frequency emissions guidelines of the FCC.

The operator shall notify the Director of Environmental Services of any proposal to cause one or more of the changed circumstances shown in subsections (a)(1) through (6) above. Any changed circumstance shall require the operator to apply for a modification of the original Telecommunication Permit. Before implementing any changed circumstance, the operator must obtain a modified Telecommunication Permit and any related building or other permits required by the City.

(b)

Additional right to revoke or modify permit. The reservation of right to review any Telecommunication Permit granted by the City is in addition to, and not in lieu of, the right of the City to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit. After due notice to the telecom operator and the telecom operator's failure to cure the violations after thirty (30) days have expired, the original Reviewing Authority may revoke any telecom permit upon finding that the facility or the operator has violated any law regulating the telecom facility or has failed to comply with the requirements of this chapter, the Telecommunication Permit, any applicable agreement, or any condition of approval. Upon such revocation, the Reviewing Authority may require removal of the facility at the permittee's sole expense.

(§ 2, Ord. 1103, eff. November 23, 2006)