10-17-16 Recertification Of A Conditional Use Permit For Wirelss Telecommunications Facilities

A. Between 12 months and 6 months prior to the five year anniversary date after the effective date of the Conditional Use Permit and all subsequent five year anniversaries of the effective date of the original Conditional Use Permit for Wireless Telecommunications Facilities, the holder of the Conditional Use Permit for such wireless telecommunications facilities shall submit a signed written request to the City Planning Commission for recertification. In the written request for recertification, the holder of such Conditional Use Permit shall note the following: 1. The name of the holder of the Conditional Use Permit for Wireless Telecommunications Facilities; 2. If applicable, the number or title of the Conditional Use Permit; 3. The date of the original granting of the Conditional Use Permit; 4. Whether the wireless telecommunications facilities have been moved, relocated, rebuilt, or otherwise visibly modified, then whether the City Planning Commission approved such action, and under what terms and conditions, and whether those terms and conditions were complied with; 5. That the wireless telecommunications facilities are in compliance with the Conditional Use Permit and compliance with all applicable codes, laws, rules, and regulations; 6. Recertification that the tower and attachments both are designated and constructed and continue to meet all local, City, State, and Federal structural requirements for loads, including wind and ice loads. Such recertification shall be by a professional engineer licensed in the State of Utah, the cost of which shall be borne by the applicant. B. If, after such review, the City Planning Commission determines that the permitted wireless telecommunications facilities are in compliance with the Conditional Use Permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations then the City Planning Commission will issue a recertification of the Conditional Use Permit for Wireless Telecommunications Facilities, which may include any new provisions or conditions that are mutually agreed upon, or that are required by applicable statutes, laws, ordinances, codes, rules, or regulations. If, after such review it is determined that the permitted wireless telecommunications facilities are not in compliance with the Conditional Use Permit and all statutes, laws, ordinances, codes, rules, or regulations, then the City Planning Commission may refuse to issue a recertification Conditional Use Permit for the wireless telecommunications facilities, and in such event such wireless telecommunications facilities shall not be used after the date that the applicant receives written notice of the decision by the City Planning Commission until such time as the facility is brought into compliance. Any decision requiring the cessation of the use of the facility or imposing a penalty shall be in writing and supported by substantial C. evidence contained in a written record and shall be promptly provided to the owner of the facility. D. If the applicant has submitted all of the information requested and required by this ordinance, and if the review is not completed, as noted in Subsection (B) of this section, prior to the five year anniversary date of the Conditional Use Permit, or subsequent five year anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the Conditional Use Permit for up to six months, in order for the completion of the review. E. If the holder of a Conditional Use Permit for Wireless Telecommunications Facilities does not submit a request for a recertification of such Conditional Use Permit within the timeframe noted in subsection (A) of this section, then such Conditional Use Permit and any authorizations granted there under shall cease to exist on the date of the fifth anniversary of the original granting of the Conditional Use Permit, or the subsequent five year anniversaries, unless the holder of the Conditional Use Permit adequately demonstrates that extenuating circumstances prevented a timely recertification request. If the City Planning Commission agrees that there were legitimately extenuating circumstances, then the holder of the Conditional Use Permit may submit a late recertification request of application for a new Conditional Use Permit.