11-20-1997 Regular Meeting of the La Porte Planning and Zoning Commission

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• • • ' ORDINANCE NO. 1501-_ Page 11 (1) The Tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six (6) months of the completion of the modification or rebuild, additional Telecommunications Facilities comparable in weight, size, and surface area to the discrete operating Telecommunications Facilities of any Person currently installed on the Tower. (2) An Application for a development permit is made to the development review committee which shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this Section allowing the modification or demolition and rebuild of an existing non- conforming Tower shall not be considered a determination that the modified or demolished and rebuilt Tower is conforming. (3) The height of the modified or rebuilt Tower and Telecommunications Facilities attached thereto do not exceed the maximum height allowed under this Article. (b) Except as provided in this Section, anon-conforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than one hundred eighty (180) days. This Article shall not be interpreted to legalize any structure or use existing at the time this Article is adopted which structure or use is in violation of the Code prior to enactment of this Article. Sec. 106-904. Certifications and Inspections. (a) All Towers shall be certified by an Engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the City's Code and federal and state law. For new monopole Towers, such certification shall be submitted with an Application pursuant to Section 106-892 of this Article and every five (5) years thereafter. For existing monopole Towers, certification shall be submitted within sixty (60) days of the effective date of this Article and then every five (5) years thereafter. For new lattice or guyed Towers, such certification shall be submitted with an Application pursuant to Section 106-892 of this Article and every two (2) years thereafter. For existing lattice or guyed Towers, certification shall be submitted within sixty (60) days of the effective date of this Article and then every two (2) years thereafter. The Tower owner may be required by the City to submit snore frequent certifications should there be reason to believe that the structural and electrical integrity of the Tower is jeopardized. (b) The City or its agents shall have authority to enter onto the property upon which a Tower is located, between the inspections and certifications required above, to inspect the Tower for the purpose of determining whether it complies with the Building Code and all other construction standards provided by the City Code and federal and state law.