§ 70-101. Special exception time limits for compliance with colocation condition for towers 80 or more feet high.

(a)

Every special exception for a communication tower which is 80 feet in height or taller and which is issued after the effective date of the ordinance from which this article derives shall automatically expire five years after the date of approval of the special exception, unless a copy of a memorandum of lease recorded in the public records of the county or some similar document deemed sufficient by the city is delivered to the city prior to that date. The memorandum of lease shall indicate that one or more other service providers have entered into an agreement with the tower owner and the other service providers have the right to colocate on the communication tower.

(b)

If the communication tower applicant provides a recorded memorandum of lease of colocation as part of the application, the five-year expiration condition shall not be part of the special exception conditions of approval. An unrecorded copy of the memorandum of lease may be submitted to the city under this subsection; provided, however, no building permit shall be issued for such communication tower until the memorandum of lease is recorded in the public records of the county and a recorded copy is presented to the city.

(c)

Upon the passage of five years without this condition being fulfilled, the special exception shall terminate and the communication tower removed at the applicant's expense. Notwithstanding any other remedies available at law or in equity, the city may seek an injunction to have the tower removed.

(d)

A communication tower special exception holder may seek to continue the special exception beyond five years without a recorded memorandum of lease evidencing colocation by filing an application for a new special exception not less than 90 days prior to the expiration of the current special exception under this section. As part of the application, the applicant shall supply evidence as to the reasons colocation at the site has not been achievable. Provided the special exception holder is able to document that a continuous, good-faith, proactive effort has been made to secure a colocated service provider before, during and after the tower is constructed, the city shall grant a reasonable extension.

(Ord. No. 97-31, § 1 (29-28), 9-11-97)