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Section 36 -602. Existing antennas and towers. <br />Antennas, towers and accessory structures in existence as of , 1997, (date of <br />ordinance adoption) that do not meet or comply with this section are subiect to the following <br />provisions: <br />1. Towers may continue in use for the existing purpose now used and as now existing but may <br />not be replaced or structurally altered without meeting all standards in this section. <br />2. If such towers are damaged or destroyed due to any reason or cause at all (unless the user <br />or owner voluntarily removes the tower) the owner or operator may repair and restore the <br />tower to its former size height and use within one (1) year after first getting a building permit <br />from the city. The location and physical dimensions shall remain as they were before the <br />damage or destruction. <br />Section 36 -603. Interpretation and Applicability. <br />a. It is not the intention of this ordinance to interfere with abrogate or annul any covenant or <br />other agreement between parties. However where this ordinance imposes greater restrictions <br />upon the use or premises for antennas or towers than are imposed or required by other <br />ordinances rules regulations or permits or by covenants or agreements the provisions of <br />this ordinance shall govern. <br />b. This ordinance does not apply to the use or location of private residential citizen band radio <br />towers amateur radio towers or television antennas. <br />Section 36 -604. Inspections and Violations. <br />a. All towers antennas and supporting structures must obtain a building permit and are subiect <br />to inspection by the city building official to determine compliance with UBC construction <br />standards. Deviations from the original construction that a permit is obtained, other than <br />antenna adjustments, is a misdemeanor. <br />b. Notice of violations will be sent by registered mail to the owner and the owner will have thirty <br />(30) days from the date the notification is issued to make repairs. The owner will notify the <br />building official that the repairs have been made and as soon as possible after that, the <br />building official will make another inspection and the owner notified of the results. <br />c. Adiustments or modifications to existing antennas do not require a conditional use permit or a <br />building permit. <br />Section 36 -605. Conditional Use Permit. <br />a. In reviewing an application for a conditional use permit for the construction of commercial <br />antennas, towers, and accessory structures, the city council shall consider the: <br />al Standards in the city code. <br />f_2_1 Recommendations of the planning commission and community design review board. <br />01 Effect of the proposed use upon the health safety convenience and general welfare of <br />residents of surrounding areas. <br />5 <br />Page 66 <br />