Division 2 — DEVELOPMENT AGREEMENTS

Unless otherwise provided in this Code, these procedures in these sections are the exclusive procedures and rules relating to development agreements and, in the event of conflict, these provisions shall prevail over any other provisions of this Code.

9711. • Nonconforming wireless telecommunications facilities and wireless telecommunications collocation facilities.

A.

Nonconforming wireless telecommunications facilities and/or nonconforming wireless telecommunications collocation facilities are those facilities that do not conform to division 11 of part 2 of chapter 6 of article IX of this Code.

B.

Nonconforming wireless telecommunications facilities and wireless telecommunications collocation facilities shall, within ten (10) years from the date such facility becomes nonconforming, bring the facility into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this Code at such time.

C.

When a nonconforming wireless telecommunications facility or wireless telecommunications collocation facility is abandoned or vacated for a continuous period of ninety (90) days or more days, such facility shall conform to the regulations of the district in which the property is located or shall be removed in accordance with section 9661.17 of this Code if it cannot be made to conform.

An aggrieved person may file an appeal to the city council of any decision of the director made pursuant to this section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.

(Ord. No. 11-387, § 8, 8-24-2011)