§ 70-100. Abandonment.

(a)

If the use of any communication tower has been discontinued for a period 180 consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the city manager, who shall have the right to consider documentation and affidavits from the communication tower owner/operator regarding the issue of tower usage and other information. Upon such abandonment, the owner/operator of the tower shall have 180 days within which to:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

(2)

Dismantle and remove the tower.

(b)

At the earlier of 181 days after the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception or variance approval for the tower shall automatically expire.

(Ord. No. 97-31, § 1 (29-27), 9-11-97)