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

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• • ORDINANCE NO. 1501-_ Page 14 to locate the Tower at another site which is closer in proximity to a residentially zoned land. (2) In the case of a request for modification to the separation and buffer requirements from other Towers of Section 106- 895, "Separation or Buffer Requirements," that the proposed site is zoned "Industrial" or "Heavy Industrial" and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in Section 106-895. (3) In the case of a request for modification of the separation and buffer requirements from residentially zoned land of Section 106-895, if the Person provides written technical evidence from an Engineer(s) that the proposed Tower and Telecommunications Facilities must be located at the proposed site in order to meet the coverage requirements of the Applicant's wireless communications system and if the Person is willing to create approved landscaping and other buffers to screen the Tower from being visible to residentially zoned property. (4) In the case of a request for modification of the height limit for Towers and Telecommunications Facilities or to the minimum height requirements for Antenna Support Structures, that the modification is necessary to: (i) facilitate collocation of Telecommunications Facilities in order to avoid construction of a new Tower; or (ii) to meet the coverage requirements of the Applicant's wireless communications system, which requirements must be documented with written, technical evidence from an Engineer(s) that demonstrates that the height of the proposed- Tower is the minimum height required to function satisfactorily, and no Tower that is taller than such minimum height shall be approved. Sec. 106-907. Abandonment. (a) If any Tower shall cease to be used for a period of 365 consecutive days, the (City Council) shall notify the Owner, with a copy to the Applicant, that the site will be subject to a determination by the (City Council) that such site has been abandoned. The Owner shall have thirty (30) days from receipt of said notice to show, by a preponderance of the evidence, that the Tower has been in use or under repair during the period. If the Owner fails to show that the Tower has been in use or under repair during the period, the (City Council) shall issue a final determination of abandonment