§ 29-43. Recertification of a special use permit for wireless telecommunications facilities.

(a)

Between twelve (12) months and six (6) months prior to the five (5) year anniversary date after the effect date of the special use permit and all subsequent five (5) year anniversaries of the effective date of the original special use permit for wireless telecommunications facilities, the holder of a special use permit for such wireless telecommunication facilities shall submit a signed written request to the city for recertification. In the written request for recertification, the holder of such special use permit shall note the following:

(1)

The name of the holder of the special use permit for the wireless telecommunications facilities;

(2)

If applicable, the number or title of the special use permit;

(3)

The date of the original granting of the special use permit;

(4)

Whether the wireless telecommunications facilities have been moved, re-located, rebuilt, or otherwise visibly modified since the issuance of the special use permit and if so, in what manner;

(5)

If the wireless telecommunications facilities have been moved, re-located, rebuilt, or otherwise visibly modified, then whether the city approved such action, and under what terms and conditions, and whether those terms and conditions were complied with;

(6)

That the wireless telecommunications facilities are in compliance with the special use permit and compliance with all applicable codes, laws, rules and regulations;

(7)

Re-certification that the tower and attachments both are designed and constructed and continue to meet all local, city, state and federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a professional engineer licensed in the state, the cost of which shall be borne by the applicant.

(b)

If, after such review, the city determines that the permitted wireless telecommunications facilities are in compliance with the special use permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the city shall issue a recertification of the special use permit for the wireless telecommunications facilities, which may include any new provisions or conditions that are mutually agreed upon, or that are required by applicable statutes, laws, ordinances, codes, rules or regulations. If, after such review it is determined that the permitted wireless telecommunications facilities are not in compliance with the special use permit and all applicable statutes, laws, ordinances, codes, rules and regulations, then the city may refuse to issue a recertification special use permit for the wireless telecommunications facilities, and in such event, such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of the decision by the city until such time as the facility is brought into compliance. Any decision requiring the cessation of use of the facility or imposing a penalty shall be in writing and supported by substantial evidence contained in a written record and shall be promptly provided to the owner of the facility.

(c)

If the applicant has submitted all of the information requested and required by this article, and if the review is not completed, as noted in subsection (b) of this section, prior to the five-year anniversary date of the special use permit, or subsequent five year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special use permit for up to six (6) months, in order for the completion of the review.

(d)

If the holder of a special use permit for wireless telecommunications facilities does not submit a request for recertification of such special use permit within the timeframe noted in subsection (a) of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent five-year anniversaries, unless the holder of the special use permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the city agrees that there were legitimately extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit.

(Ord. No. 2003-19, § 18, 1-5-03)