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<br />9.15.128 Conditional Use Permit Required. Except as otherwise provided for in <br />this Section of the Code, it shall be unlawful for any person, firm, or corporation to erect, <br />construct in place, place or re-erect, or replace any tower without first making application <br />to the City Council and securing a conditional use permit therefor~ as hereinafter <br />provided. Routine maintenance of towers and related structures shall not require the <br />issuance of a conditional use permit. <br /> <br />9.15.20l-9 Violations. Any person who shall violate any of the provisions of this <br />Section shall be guilty of a misdemeanor. <br /> <br />9.15.2!Q Exisfuig Antennas and Towers. Antennas and towers in existence as of <br />July 14, 1997, which do not conform to or comply with this Section of the Code are <br />subject to the following provisions: <br /> <br />a. Towers may continue in use for the purpose now used and as now <br />existing but may not be replaced or materially altered without <br />complying in all respects with this Section. <br /> <br />b. If such towers are hereafter damaged or destroyed due to any reason <br />or cause whatsoever, the tower may be repaired and restored to its <br />former use, location, and physical dimensions upon obtaining a <br />building permit therefor, but without otherwise complying with this <br />Section, provided, however, that if the cost of repairing the tower to <br />its former use, physical dimensions, and location would exceed 50% <br />of the cost of a new tower of like kind and quality, then the tower <br />may not be repaired or restored except in full compliance with this <br />Section. <br /> <br />Historical Note <br /> <br />Established byOrd. #97-08, effective July 14, 1997. <br /> <br />Ord #00-13 amended S9.15.03 modified to restrict <br />commerciaHowers to residential parcels at least 10 acres <br />in size and the area, S9.15.04.c.2.(a)to require park sites <br />to be at least 10 acres in size in order to qualify as a site <br />for a commercial tower, S9.l5.05.a and 9.l5.05.b, co- <br />location - amend one-half mile to mile search radius and <br />require all towers to accommodate at least two <br />additional users, regardless of the proposed height, <br />S9.15.08.c. Tower setbackS to include language <br />requiring a tower setback from residential dwellings <br />equal to 1.5 times the tower height, S9.l5.09 Tower <br />Height -from 75 feet to 120 feet and eliminate language <br />allowing for additional height to accommodate a second <br />user because a design to accommodate 2 additional users <br />will not be required per the amendments to 9.15.05, <br /> <br />47 <br />