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<br />facility as allowed in Subsection IS.II 0.2S0.A.I, or the facility is amortized as described <br />in Subsection 18.11 0.280.A.2, whichever is sooner. <br /> <br />C. The Zoning Administrator's decision to deny a renewal may be appealed as <br />described in Section 18.144.050. <br /> <br />D. At the Zoning Administrator's request, the personal wireless service provider <br />shall provide a copy of the portion of the valid land lease for the personal wireless service <br />facility which shows the length of the lease term or a current Title Report which shows <br />that the personal wireless service provider is the owner of the land on which the facility is <br />located. <br /> <br />E. An approval for a personal wireless service facility may be modified or <br />revoked by the Planning Commission as described in Section IS.ll 0.030. <br /> <br />F. Section IS.II 0.270 does not apply to pre-existing legal nonconforming uses. <br /> <br />18.110.280 Amortizing or Eliminating Facilities <br /> <br />A. The Zoning Administrator shall determine which nonconforming uses, <br />including pre-existing nonconforming uses as defined in Subsection IS.II 0.260.B, are to <br />be submitted to the City Council for review. The Zoning Administrator shall base hislher <br />decision on complaints received from the public, and/or after determining that the <br />nonconforming use is a threat to the public health, safety and general welfare, or <br />materially injurious to the properties or improvements in the vicinity. The City Council <br />shall hold a public hearing to decide whether to: <br /> <br />1. Immediately eliminate such personal wireless service facility by paying the <br />provider just compensation; or <br /> <br />2. Establish a period oftime for the elimination of such facility without <br />compensation, following a reasonable amortization period. Such amortization period <br />shall be determined on a case-by-case basis. <br /> <br />B. To determine just compensation, or a reasonable amortization period, the City <br />shall obtain an appraisal from a non-interested party. The provider may recommend or <br />review appraisers, but the final decision of which appraiser to hire shall be at the <br />discretion of the City. Factors to be utilized in determining just compensation, or a <br />reasonable amortization period, shall include, but not be limited to: amount of investment <br />or original cost; present actual or depreciated value; dates of construction; amortization <br />for tax purposes; salvage value; remaining useful life; length and remaining term of the <br />lease under which the facility is maintained; cost of replacement facility; cost of resulting <br />changes to wireless network which will be necessary due to the loss of the facility; and <br />for determining a reasonable amortization period, the harm to the public if the facility <br />remams. <br /> <br />RZ-97-7 <br />3/25198 <br />RZ977A4.samlRKE <br /> <br />Page 23 <br />