1999 MAY - Laserfiche WebLink

18.110.260 fisting legal nonconforming use provided that the personal wireless service provider submits the information required in subsection A of this Section. 1. Preexisting legal nonconforming personal wireless service facilities shall be permitted to remain until the lessor's lease, including renewals, with the proper- ty expires, or the City Council takes action pursuant to subsection F of this Section. 2. A nonconforming personal wireless service facility shall not be altered or modified unless approved by the Zoning Administrator subject to the determination that the alteration or mod cation will cause the personal wireless service facility to be in greater conformance with this Chapter. C. Personal wireless service facilities, approved prior to the date of this Ordi- nance, which comply with the provisions of this Chapter shall be subject to the regulations in this Chapter including Section 18.110.270 of this Chapter except that the lack of a five (5) year review period shall not make a preexisting per- sonal wireless service facility, as de- scribed in subsection A of this Section, a preexisting nonconforming use. D. Within eight (8) months from the effective date hereof, the Zoning Admin- istrator shall review the approval for all personal wireless service facilities ap- proved prior to the effective date hereof to determine if they are conforming or nonconforming uses. E. Any personal wireless service facili- ty approved by the City prior to the effec- tive date hereof shall cease operations within six (6) months of the enactment of this Ordinance and shall be immediately removed, unless the personal wireless service facility submits the materials required in subsection A of this Section. F. The Zoning Administrator shall de- termine which nonconforming uses, in- cluding preexisting nonconforming uses as defined in subsection B of this Section, are to be submitted to the City Council for review. The Zoning Administrator shall base his/her decision on substantial evidence that the nonconforming use is a threat to the public health, safety and general welfare, and/or materially injuri- ous to the properties or improvements in the vicinity. The City Council shall then hold a noticed public hearing. The personal wireless service provider shall be provided written notice, not less than thirty (30) days prior to the hearing, including, with reasonable specificity: 1) the nature of the threat and/or material injury and copies of all of the evidence and materials upon which the Zoning Administrator based his/her determination, 2) a reasonably ascertainable means to correct the threat and/or material injury, if possible, and 3) a reasonable opportunity to cure the same, if curable, which time period in no event shall be less than thirty (30) days from the date of notification or such lesser time period as may be war- ranted by virtue of a public emergency. At the hearing, the City Council shall accept evidence from the personal wire- less service provider, the public, and any other interested persons in determining whether substantial evidence supports the finding that the nonconforming use is a threat to the public health, safety and general welfare, and/or materially injuri- 616-15 (Pleasanton 5-99)