§ 32D.08. REMOVAL OF ABANDONED ANTENNAE AND TOWERS.


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  • (a)

    At such time that a license carrier plans to abandon or discontinue operation of a communications tower and associated facilities, such carrier will notify the City Department of Building, Housing, and Zoning by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give notice, the communications tower and associated facilities shall be considered abandoned upon discontinuation of operations.

    (b)

    Upon abandonment or discontinuation of use, the carrier shall physically remove the communications tower and associated facilities within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not limited to:

    1.

    Removal of antennae, mount, equipment shelters and security barriers from subject property in accordance with local permitting and regulations;

    2.

    Proper disposal of waste materials from the site in accordance with local and state solid waste disposal regulations;

    3.

    Restoring the location of the communications tower and associated facilities to its natural condition, except that any landscaping and grading shall remain in the after-condition.

    (c)

    The Board of Adjustment may grant a variance to allow the communications tower and associated facilities to remain in place based upon evidence submitted for review in each specific case and in accordance with Section 32.05.13 of the City of Cedar Rapids Zoning Regulations.

    (d)

    If a carrier fails to remove a communications tower and associated facilities in accordance with this section of this code, the City of Cedar Rapids shall have the authority to enter the subject property and physically remove the facility. The City Council may levy an assessment on the subject property to cover costs for removal of the communications tower and associated facilities in the event the City must remove the facility.

    (Note: Chapter 32D adopted by Ordinance No. 20-93, passed May 5, 1993 and published May 10, 1993; reenacted by Ordinance No. 057-18, passed December 18, 2018 and passed December 18, 2018)