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940 9 12 0 30: APPEAL: A Right -of -Way user that: (1) has been denied registration; <br />(2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are <br />invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the <br />City Council. The City Council shall act on a timely written request at its next regularly scheduled <br />meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be <br />writing and supported by written findings establishing the reasonableness of the decision. <br />91 X30- 1'L 0 3 : RESERVATION OF REGULATORY AND POLICE POWERS: <br />A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to <br />adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. <br />94031 21132: SEVERABILITY: If any portion of Us chapter is for any reason held <br />invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and <br />independent provision and such holding shall not affect the validity of the remaining portions <br />thereof. Nothing in this Chapter precludes the City from requiring a franchise agreement with the <br />Applicant, as allowed by law, in addition to requirements set forth herein. <br />TITLE 1100 <br />ZONING CODE <br />1124.02: DEFINITIONS: The following words and terms, for purposes of this <br />Chapter, shall be defined as follows: <br />Subd 6 SMALL WIRELESS FACILITY means a wireless facility that meets both of the <br />following qualifications: <br />(1) each antenna is located inside an enclosure of no more than six cubic feet in volume <br />or could fit within such an enclosure: and <br />21 all other wireless equipment associated with the small wireless facility nrovided such <br />equipment is, in aggregate, no more than 28 cubic feet in volume, not including <br />electric meters concealment elements, telecommunications demarcation boxes <br />battery backup power systems, grounding equipment power transfer switchescutoff <br />switches, cable, conduit, vertical cable runs for the connection of power and other <br />services and any equipment concealed from public view within or behind an existing <br />structure or concealment. <br />Subd. 6. Subd 7. TOWER: Any ground -mounted, pole, spire, structure or combination thereof, <br />including supporting lines, cables, wires, braces and masts, to which a telecommunications <br />antenna is attached or affixed. (Ord. 588, 2-10-97) <br />Sulam. 7. Subd 8. TOWER, LATTICE: Three (3)- or four (4) -legged steel girdered structures <br />typically supporting multiple communications users and services generally ranging from <br />sixty feet (60') to two hundred feet (200') in height. (Ord. 588, 2-10-97) <br />Ordinance 940 <br />Page 23 <br />