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Title 17C
Chapter 17C.355A
Section 17C.355A.120
 

Title 17C Land Use Standards

Chapter 17C.355A Wireless Communication Facilities

Section 17C.355A.120 Discontinuation of Use
  1. Any wireless communication facility that is no longer needed and its use is discontinued shall be reported immediately by the service provider to the planning and economic development services director. Discontinued facilities shall be completely removed within six months and the site restored to its pre-existing condition.

  2. There shall also be a rebuttable presumption that any WCF that is regulated by this chapter and that is not operated for a period of six (6) months shall be considered abandoned. This presumption may be rebutted by a showing that such WCF is an auxiliary back-up or emergency utility or device not subject to regular use or that the WCF is otherwise not abandoned. For those WCFs deemed abandoned, all equipment, including, but not limited to, antennas, poles, towers, and equipment shelters associated with the WCF shall be removed within six (6) months of the cessation of operation. Irrespective of any agreement among them to the contrary, the owner or operator of such unused facility, or the owner of a building or land upon which the WCF is located, shall be jointly and severally responsible for the removal of abandoned WCFs. If the WCF is not thereafter removed within ninety (90) days of written notice from the City, the City may remove the WCF at the owner of the property’s expense or at the owner of the WCF’s expense, including all costs and attorneys’ fees. If there are two or more wireless communications providers collocated on a single support structure, this provision shall not become effective until all providers cease using the WCF for a continuous period of six (6) months.

Date Passed: Monday, November 2, 2015

Effective Date: Monday, November 2, 2015

ORD C35312 Section 2