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125 Page 12 local official may declare the facility to be abandoned. (This excludes any dormancy period between construction and the initial use of the facility.) The facility" owner/operator will receive written notice from the City and be instructed to either reactivate the facility's use within 180 days;or dismantle and remove the facility. If reactivation or dismantling does not occur within that period,the City will remove that facility or cause it to be removed and assess the costs to the owner/operator. In the-case of a multi-use tower,this provision does not.become effective until all users cease use of the tower. However,the City may cause the abandoned portions of systems on the multi-use tower to be removed in accordance with this provision. B. The City must provide the Tower owner three(3)months notice and an opportunity to be heard before the Planning Commission before initiating action to remove the facility. After such notice has been provided,the City shall have the authority to initiate proceedings either to acquire the Tower and any appurtenances attached thereto at the then fair market value,or in the alternative,to order the demolition of the Tower and all appurtenances. C. The City shall provide the Tower owner with the right to a public hearing before the Planning Commission,which public hearing shall follow the three(3)month notice required in Paragraph.B. All interested parties shall be allowed an opportunity to be heard at the public hearing. D. After a public hearing is held pursuant to Section C,the Planning Commission may order the acquisition or . demolition of the Tower. The City may require Licensee to pay for all expenses necessary to acquire or demolish the Tower. SECTION X. NONCONFORMING USES A. Conforming Use. Towers that are constructed,and antennas that are installed, in accordance with the provisions of this ordinance shall be deemed to constitute the conforming uses or structures. This shall be the case even when such new facilities are being added to a non-conforming installation. B. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance(including replacement with a new tower of like construction and height serving the same purpose)shall be permitted on such pre-existing towers. A replacement tower must be constructed within 180 days of removal of the initial facility. New construction other than routine-maintenance on a pre-existing tower shall comply with the requirements of this ordinance. C. Rebuilding Dammed or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section X,bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special permit. The type, height,and location of the tower onsite shall be of the same type and intensity as the original facility approved. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility id damaged or destroyed. If not permit is obtained or if said permit expires,the tower or antenna shall be deemed abandoned as specified in Section IX. SECTION XI. NON-WAIVER A. Non-Waiver. Nothing in this Ordinance shall preclude the City from exercising any right or remedy it may have in law or equity to enforce the terms and conditions of this Ordinance. SECTION XII. SEVERABILITY A. If any provision of this Ordinance or the Application of any provision of this Ordinance to any person is,to any • extent,held invalid or unenforceable by a tribunal of competent jurisdiction,the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected by such holding. In case of such an event,this Ordinance and all if its remaining provisions shall,in all other respects,continue to be effective. In the event the law invalidating such and Ordinance provision is subsequently repealed,rescinded,amended or is otherwise changed so that the provision which had previously been held invalid or unenforceable,no longer conflicts with the