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NS-2954
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Last modified
12/21/2018 1:44:05 PM
Creation date
9/20/2018 5:00:24 PM
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City Clerk
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NS-2816
(Amends)
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\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2011 (NS-2813 - NS-2825)
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(d) In granting or denying an application, the Director shall make a <br />written finding which shall specify all facts relied upon in rendering his <br />decision. A copy of the decision shall be filed with the Public Works <br />Agency and mailed to the applicant and to any person who has <br />submitted a comment on the proposed application pursuant to <br />Section 33-239. <br />(e) Permits are issued for a period of ten (10) years from the date issued. <br />Sec. 33-241. — Extension of Permit. <br />To extend a wireless facility permit for an additional five (5) year period, the <br />applicant shall provide proof that it continues to have the legal authority to occupy and <br />use the PROW for the purpose set forth in its permit, that its site as it exists at the time <br />of the extension is in full compliance with the applicable City permits issued for the <br />site, and pay the fees for extension. Additionally, the applicant must provide an <br />affidavit confirming that the site is still in compliance with the FCC regulations. <br />Additional procedural and substantive requirements may be detailed in the Guidelines. <br />Failure to submit such an affidavit or proof of legal authority to occupy or use the <br />PROW, or to meet any additional requirements regarding extension specified in the <br />Guidelines, shall be grounds for not extending the permit. The burden is on the <br />applicant to demonstrate that the site complies with the requirements herein. <br />Sec. 33-242. - Appeal. <br />Any interested person may appeal the decision of the Director pursuant to <br />Chapter 3 of this Code. <br />Sec. 33-243. - Revocation. <br />Any wireless facility permit may be revoked or modified for cause in accordance <br />with the provisions of this Section. <br />(a) Revocation proceedings may be initiated by the Director. <br />(b) Public notice of the hearing shall be given. <br />(c) After conducting a duly -noticed public hearing, the Director or designee <br />shall act on the proposed revocation. <br />(d) Required Findings. The Director or designee may revoke or modify the <br />permit if the Director makes any of the following findings: <br />1. The applicant obtained the approval by means of fraud or <br />misrepresentation of a material fact. <br />2. The applicant substantially expanded or altered the use or <br />structure beyond what is set forth in the permit or substantially <br />changed the character of the facility. <br />3. The facility has not been utilized for six (6) months or more. <br />4. Failure to comply with any condition of a permit issued. <br />5. Failure to comply with this Article. <br />Ordinance No. NS -2954 <br />Page 12 of 20 <br />
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