1.

Atmore is a small city, rich in natural and historic resources. The comprehensive plan, which was adopted in 2010, identifies the preservation of these resources as a key element in fostering small-town family values, in promoting thoughtful development, and enhancing the quality of life for each resident. Facilitating the development of wireless telecommunication facilities can further these goals, but only if the negative impact of these facilities are minimized, and where possible, eliminated. The purpose of this article is to insure that the development of wireless facilities within the city is consistent with the comprehensive plan, and to protect the public health safety and welfare from the adverse impacts of these facilities. This article will:

(a)

Establish application and approval procedures for facilities.

(b)

Provide for an expedited administrative process for minor changes to certain eligible facilities, as defined herein.

(c)

Protect residential areas from the adverse impacts of facilities that are not compatible with the surrounding land uses.

(d)

Require site sharing of facilities and their associated on-ground components.

(e)

Provide reasonable design, landscaping and construction standards that will minimize adverse visual impact of facilities and ensure that such facilities are soundly constructed, maintained and removed when no longer used or determined to be structurally unsound.

2.

The Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996, recognizes and preserves the city's police power and general regulatory authority over the placement, construction and modification of wireless telecommunications facilities, subject to the following:

(a)

The regulations may not unreasonably discriminate among providers of functionally equivalent services.

(b)

The regulations may not prohibit, or have the effect of prohibiting, the provision of personal wireless services.

(c)

Decisions on applications to construct or modify a wireless facility must be acted upon within a reasonable period of time.

(d)

The city may not regulate facilities on the basis of environmental effects of radio frequency emissions, but may require facilities to comply with FCC standards.

(e)

The decision to deny an application must be in writing and supported by substantial evidence contained in a written record.

(Ord. No. 05-2013, 5-13-2013)

The code enforcement officer or designee shall administer this article. In the event there is a conflict between the requirements of this article and the other provisions of the zoning ordinance, the requirements of this article shall prevail.

(Ord. No. 05-2013, 5-13-2013)

In addition to the definitions contained in article IV, the following definitions and rules of construction shall apply to this article without regard to the rules of capitalization. In the event of a conflict, the definitions in this article shall control.

Accessory equipment means any equipment serving or being used in conjunction with a telecommunications facility or antenna support structure. Accessory equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, storage sheds, shelters, base stations or other structures.

Administrative permit means the permit granted by the code enforcement officer after finding that an eligible facilities request meets the requirements of this article and is appropriate for expedited permitting as set forth in section 12.8.

Antenna means any structure or device used to collect or radiate electromagnetic waves for the provision of wireless telecommunications services including, but not limited to, cellular, paging, personal communication services and microwave communications. Such structures and devices include directional antennas, microwave dishes, satellite dishes and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

Antenna support structure means any building or structure other than a tower, which can be used to support telecommunications facilities.

Application means the request to place, modify or construct wireless facilities in accordance with this article. The application includes all written documentation, verbal statements and representations, in whatever form, made by an applicant concerning such request.

Camouflage means any technique that is designed to blend telecommunications facilities, with the surrounding environment such as architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look similar to light poles, power poles and trees.

Code official means the code enforcement officer for the City of Atmore or designee.

Co-location means site sharing; i.e., the placement of additional antenna and/or accessory equipment on an existing tower or antenna support structure that is currently permitted for the use of wireless facilities.

Concealed telecommunications facility means any facility that is integrated as an architectural feature of an existing structure or a new support structure designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to the casual observer.

Communications services means the transmission of writing, signs, signals, pictures, sounds or other forms of intelligence through wire, wireless or other means, including, but not limited to, any "telecommunications service", "cable service", "enhanced service", "information service", or "internet service", as such terms are now, or may in the future be, defined under federal law, and including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

Commission means the planning commission for the City of Atmore, Alabama.

Day means calendar day; "business day" means Monday through Friday.

Eligible facilities request means a request to make minor modifications to existing facilities.

Engineer(s) means any engineer licensed by the State of Alabama and shall include, but not be limited to, RF (radio frequency) engineers, structural engineers or civil engineers who have the requisite training and are competent to certify engineering reports related to the telecommunications industry.

Facilities means wireless telecommunications facilities, as defined herein.

Facilities owner means all of the person(s) who will be responsible for operating the facilities, maintaining the facilities, and who will be providing communications services by use of the facilities.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means the distance measured from the adjacent ground level to the highest point on the tower structure and appurtenances.

Minor modification means any change to an existing facility that does not constitute a substantial change, as determined by the code official, generally including:

1.

Replacing a guyed tower with a monopole or unipole, provided the replacement tower otherwise conforms to this ordinance;

2.

Replacing a monopole with a unipole, provided the replacement tower otherwise conforms to this ordinance;

3.

Replacing visible facilities with concealed facilities, provided the replacement facilities otherwise conform to this ordinance;

4.

Co-location of transmission equipment;

5.

Replacing transmission equipment;

6.

Removal of transmission equipment;

7.

Installing a generator that will be used solely for power interruptions.

Substantial change. The following work shall constitute a substantial change:

1.

New or replacement towers, unless the code official determines that such tower constitutes a minor change.

2.

Increasing the height of an existing tower by more than ten percent;

3.

When the mounting of a new antenna would involve the installation of more than four equipment cabinets or more than one new equipment shelter;

4.

When the mounting of a new antenna would involve adding an appurtenance to the body of the existing structure that would protrude from the edge of the existing structure more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable;

5.

When mounting an antenna would involve excavation outside the current existing site, defined as the boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site.

Substantial damage means the aggregate of the replacement or reconstruction costs equal to or exceeding 50 percent of the fair market value of the facilities.

Wireless telecommunications facilities or facilities means cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications services (other than radio or television broadcast communications) which a person seeks to locate or install upon or near a tower or antenna support structure. This term includes towers. The term "wireless telecommunications facilities" shall not include:

1.

Any satellite earth station antenna six feet in diameter or less which is located in an area zoned industrial or commercial.

2.

Any satellite earth station antenna three feet or less in diameter, regardless of zoning category.

3.

Any federally licensed amateur radio station operators (i.e., ham radio).

Tower means any structure built for the sole or primary purpose of supporting FCC licensed antennas and their associated facilities.

(Ord. No. 05-2013, 5-13-2013)

1.

The code official or designee shall administer this ordinance. All facilities, any portion of which is located within the corporate limits of the city, are subject to this article. This article shall not apply to:

(a)

Towers used or to be used solely for services provided pursuant to a broadcast radio or television license issued by the FCC;

(b)

Antennas used for private telecommunications services when the equipment is located on the premises of the entity using said private telecommunication service, or the antenna support structure or masts are located on the primary business premises of a provider of communications services if used to monitor the providers' services, and the equipment used by the broadcaster, private telecommunications, or the provider is in compliance with the city's zoning ordinance, any federal, state or local laws, and does not encroach on the public rights-of-way.

2.

Except as allowed in this article, all persons seeking to install, modify or construct facilities in any zoning district must file an application with the code official for a conditional use permit on such forms as may, from time to time be prescribed for that purpose.

(a)

Fees. Fees shall be set by resolution of the city council in an amount sufficient to cover the costs of administering this article.

(b)

Other costs. In addition to the application fee, applicants shall also reimburse the city for any actual, out of pocket costs incurred in reviewing the application, including, but not limited to, RF engineers and other technical consultants.

(Ord. No. 05-2013, 5-13-2013)

The owners of all towers shall, within 60 days from the effective date of this ordinance [article], register the same with the code official. Such registration shall include the height, width and location of each tower. Failure to register an existing tower shall raise a presumption that said tower was not a legal, nonconforming use on the date of passage of this ordinance [article].

(Ord. No. 05-2013, 5-13-2013)

The use of any tower or antenna support structure that lawfully existed at the time of adoption of this article may be continued, even though such use may not conform to the requirements of this article, if the owner has complied with the registration requirements of this article.

1.

Nonconforming facilities may not be improved, except for minor modifications as allowed by this article.

2.

Any nonconforming facility that is substantially damaged or destroyed may not be reconstructed unless it can be reconstructed on its original site in conformity with all of the provisions of this article.

3.

Nonconforming facilities must meet or exceed current federal standards and regulations, as amended, and be structurally sound.

(Ord. No. 05-2013, 5-13-2013)

1.

The code official may issue administrative permits for minor modifications to eligible facilities without the necessity of planning approval or a public hearing.

2.

To obtain an administrative permit, the owner must submit an eligible facilities request on such forms as may, from time to time, be prescribed by the code official. The application shall provide the information necessary to demonstrate compliance with this article, including, but not limited to, the following:

(a)

A copy of the lease or letter of authorization from the property owner evidencing applicant's authority to pursue a permit.

(b)

Site plan, if deemed necessary by the code official.

(c)

Payment of the nonrefundable fee(s) set forth in the resolution adopted by the city council pursuant to this ordinance.

3.

Procedure. Within 30 days of the receipt of an application for an administrative permit, the code official shall inform the applicant in writing:

(a)

That the application is complete and that the work qualifies for an administrative permit;

(b)

That the application is not complete, stating reasons why the application does not meet the submittal requirements; or

(c)

That the application does not qualify for an administrative review, and stating the reasons for such determination.

4.

Incomplete applications. An applicant that receives notice of an incomplete application, or that the application does not qualify for administrative review, may submit additional documentation. An applicant's failure to complete the application within 30 days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application and the payment of a new fee.

5.

Decision on application. The code official shall issue a written decision approving, approving with conditions, or denying the request for an administrative permit within 90 days of the submission of the completed application, unless otherwise agreed to by the applicant. In the case of a denial, the code official shall also provide written notice to the applicant of the reasons for the denial.

6.

Right to appeal. The applicant may appeal any decision of the code official within 30 days to the city council. The burden is on the applicant to demonstrate, by substantial evidence, that the decision was contrary to this ordinance and/or constituted an abuse of discretion.

(Ord. No. 05-2013, 5-13-2013)

Except for administrative permits, the planning commission shall hear and make recommendations to the city council on all applications to place, construct or modify telecommunications facilities in accordance with this article and the procedures set forth in article VI.

1.

Application. Every person seeking to place, construct, or modify any telecommunications facility must file an application with the code official on such forms as may, from time to time, be prescribed by the official for that purpose. The application shall provide the information necessary to demonstrate compliance with this article, including, but not limited to, the following:

(a)

All applications shall be signed by or on behalf of the applicant, and shall attest to the truth and completeness of the information contained therein. The landowner, if different than the applicant shall also sign the application.

(b)

The legal description, property tax map number, and address of the parcel of land upon which the tower is to be situated, or the antenna support structure for location of the telecommunications facilities.

(c)

Documentation by appropriate engineers demonstrating the following:

i.

Diligent, unsuccessful efforts to install and co-locate the applicant's towers or telecommunications facilities on existing towers or telecommunications facilities and antenna support structures within a one-half-mile radius of the proposed tower site.

ii.

Written, technical evidence from an engineer that the proposed tower, antenna support structures, or telecommunications facilities cannot be installed or co-located on another person's tower or cannot use another person's antenna support structure located within a one-half-mile radius of the proposed tower site and must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communication system.

(d)

A statement that the applicant has no outstanding and overdue debt to the city.

(e)

An acknowledgement that by signing a permit application, the applicant and facilities owner(s) agree to indemnify and hold harmless the city consistent with indemnification language in section 12.19.

(f)

Payment of the nonrefundable fee(s) set forth in the resolution adopted by the city council pursuant to this ordinance.

2.

Procedure. Within 30 days of the receipt of an application, the code official shall inform the applicant in writing:

(a)

That the application is complete; or

(b)

That the application is incomplete, stating reasons why the application does not meet the submittal requirements.

3.

Incomplete applications. An applicant who receives notice of an incomplete application may submit additional documentation. An applicant's failure to correct the deficiencies in the application within 30 days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application and the payment of a new fee.

4.

Recommendation on the application. After a public hearing, the commission may recommend that the council approve, approve with conditions, or deny a permit. The commission's findings shall be in writing.

5.

Decision by the council. The council shall schedule a public hearing on the application at the next regularly scheduled council meeting. The council's decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the granting of the permit shall always be upon the applicant.

(a)

If the council recommends approval of the permit for telecommunications facilities, then the applicant shall be notified of such approval in writing within ten business days.

(b)

If the council denies the permit for telecommunications facilities, the applicant shall be notified in writing within ten business days of the city's action, setting forth the reasons for such action.

6.

Right to appeal. Any person aggrieved by any final action of the council, or failure of the commission to act on an application within the time set forth in section 11.4 of the zoning ordinance, may commence an action within a court of competent jurisdiction in the State of Alabama.

(Ord. No. 05-2013, 5-13-2013)

1.

Public right-of-way. No facilities may be placed in the public right-of-way without the consent of the city council pursuant to a duly adopted ordinance or resolution.

2.

Priority sites. Priority for locating of telecommunications facilities will be on existing telecommunications facilities or antenna support structures located on public property identified by the city as available for co-location.

3.

Co-location. No new tower shall be permitted unless the applicant demonstrates that at least one of the following conditions:

(a)

No existing towers or suitable structures are located within the geographic area that meets the applicant's engineering requirements and no such towers are under consideration for a permit;

(b)

Existing towers or other structures are not of sufficient height, lack sufficient structural strength or are otherwise unsuitable and cannot be reasonably altered to meet the applicant's engineering requirements;

(c)

Co-location would have a more detrimental environmental, aesthetic, or visual impact on the surrounding area that [than] would the construction of a new tower.

4.

Design criteria. All telecommunications facilities shall be camouflaged or concealed. New towers shall be of monopole or unipole design, have a galvanized finish, or be painted with a rust preventive paint of an appropriate color to blend with the surrounding environment.

5.

Site plan. Plans detailing proposed improvements in compliance with articles VI, IX and X of the zoning ordinance. Drawings must also depict improvements related to the requirements listed in this part, including property boundaries, setbacks, topography, elevation sketch, dimensions of improvements, and landscaping.

6.

Vegetative screening required. The following landscaping requirements shall be met for the perimeter of the property, exclusive of entrances:

(a)

One tree for each ten feet, measuring not less than three inches in diameter, at a minimum of four feet above grade.

(b)

Hedge material at least three feet in height and planted a minimum of three feet on center. The hedge material shall form a contiguous, opaque vegetative screen within one year of planting.

(c)

Ground cover material which may include grass, pine straw, mulch or other organic material. No artificial turf or non-organic substances shall be used to satisfy this requirement.

7.

Setbacks and fall zones.

(a)

Setback requirements for towers shall be a minimum distance equal to the underlying zoning district.

(b)

Setback requirements for towers shall be measured from the base of the tower to the line of the lease parcel on which it is located.

(c)

Every tower shall be designed to fall within the boundaries of the parcel on which the tower is located. The applicant shall submit written certification and supporting documentation from a structural engineer that a tower proposed for construction will fall within the specified fall zone.

(d)

Towers shall be separated from all residentially zoned lands (i.e., R-1, R-2, R-3) by a minimum of 200 feet or 150 percent of the height of the proposed tower, whichever is greater. Tower separation distances for the purposes of compliance with this item shall be measured from the base of a tower to the closest point of residentially zoned land.

(e)

In those instances in which there is a conflict between the required setback and the required fall zones, the greater distance shall apply.

8.

Propagation maps. The application shall provide copies of propagation maps demonstrating that the proposed facility locations, including co-locator locations, are not higher in elevation than necessary to provide the desired coverage.

9.

Structural integrity requirements. All towers, antenna support structures and telecommunications facilities must be designed and certified by an engineer to be structurally sound and at a minimum, in conformance with the currently adopted building code. In addition, towers must be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The city may require a post-construction structural analysis from the applicant.

10.

Grounding. All towers must be permanently and effectively grounded.

11.

Height. New towers shall be no higher than the minimum height necessary to support the facilities. The maximum height of new towers, including antennas attached after the effective date of this article shall be as follows:

Zones B1 and B2: 100 feet

Zones M1 and M2: 190 feet

12.

Lighting. Towers shall not be artificially lighted or marked, except as required by this article, the FAA or other regulatory authority.

13.

Number of providers. All Towers built, constructed or erected shall be capable of supporting the facilities of other providers (including the applicant's facilities) as follows:

(a)

Tower heights of 150 feet to 190 feet: not less than four providers;

(b)

Tower heights of 100 feet to 149 feet: not less than three providers;

(c)

Tower heights less than 100 feet: not less than two providers.

14.

Erosion control. All parcels upon which towers are located must contain adequate drainage facilities, and must comply with all stormwater management regulations.

(Ord. No. 05-2013, 5-13-2013)

Facilities which are not attached to a tower may be permitted on any water tower, regardless of the zoning district where the structure is located, as long as the facilities meet the requirements of this article. Facilities may be allowed on an antenna support structure, regardless of the zoning district where the structure is located, as long as the facilities are concealed and otherwise meet the requirements of this article.

1.

That the height from grade of the telecommunications facilities does not exceed the height allowed in the applicable zoning district or is otherwise approved.

2.

Telecommunications facilities shall not be located on any single-family, two-family or multifamily dwelling.

3.

Telecommunications facilities shall be located above the primary roof and screened from view through the use of panels, walls, fences or other screening techniques.

(Ord. No. 05-2013, 5-13-2013)

1.

All towers shall be certified by a structural engineer to be structurally sound and in conformance with the requirements of all applicable federal, state, and local laws and rules. For new towers, such certification shall be submitted with an application and every five years thereafter. For existing towers, such certification shall be submitted within 60 days of the effective date of this ordinance and then every five years thereafter.

2.

The towers facilities owner may be required by the city to submit more frequent certifications should there be a reason to believe that the structural and/or electrical integrity of the tower is or has been jeopardized.

3.

All towers shall be reasonably posted and secured to protect against trespass.

4.

The city and its agents shall have authority 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 applicable construction standards.

5.

The city reserves the right to conduct such inspections at any time, upon reasonable notice to the facilities owner.

(Ord. No. 05-2013, 5-13-2013)

1.

Maintenance bond. A maintenance bond in the amount of ten percent of the cost of construction of the tower to ensure that the tower is maintained in a condition that complies with all applicable building standards and regulations, including, but not limited to, the provisions of this ordinance.

2.

Removal bond. A bond or irrevocable letter of credit in an amount of 30 percent of the installed costs as determined by the permit shall be required to ensure prompt removal of any tower that is abandoned.

3.

Liability insurance. Proof of general liability insurance for claims for injury or death and property damage in an amount of minimum $1,000,000.00.

4.

Change of ownership. The facilities owner and/or landowner or owner of the antenna support structure shall promptly notify the city by certified or registered mail of the sale, transfer, or assignment of any tower, antenna support structure or telecommunications facilities. Each sublease shall be conditioned upon the sublease obtaining the necessary approvals for the subject facility or site from the city prior to siting such facility.

5.

Commercial signs. No commercial signs or advertising shall be allowed on any towers or telecommunications facilities.

6.

Warning signs. If high voltage is necessary for the operation of a tower or telecommunications facilities and it is present in a ground grid or in the tower, warnings signs shall be permanently attached to the exterior side of the perimeter fence and located every 20 feet. The signs shall display in bold letters at least eight inches high the following:

"HIGH VOLTAGE: DANGER"

7.

Identification. Identification tags or signs shall be posted on all towers and telecommunications facilities in accordance with FCC and OSHA requirements. The tags shall include the FCC tower registration number, the latitude and longitude of the Tower, and the name, address, and telephone number of the tower facilities owner. The identification tags shall be posted on the perimeter fence and shall be constructed of durable materials.

8.

Annual NIER certification. Owners shall submit an annual certification by a qualified engineer that the NIER levels at the site are within the threshold levels adopted by the FCC.

(Ord. No. 05-2013, 5-13-2013)

1.

Facilities owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failure and accidents which are likely to cause damage, injuries or nuisances to the public. All towers and telecommunications facilities and antennas shall at all times be kept and maintained in good order and repair.

2.

Facilities owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures, and other equipment in substantial compliance with the requirements of the National Electric Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.

3.

All maintenance or construction on towers, telecommunications facilities, or antenna support structures shall be performed by licensed maintenance and construction personnel.

4.

All towers, telecommunications facilities, and antenna support structures shall be maintained in compliance with current radio frequency emission standards of the FCC.

(Ord. No. 05-2013, 5-13-2013)

Permits are valid to the applicant and are nontransferable. The city shall receive notice from an applicant of any change in ownership and the city reserves the right to approve or make changes based on conditions of compliance with this ordinance.

(Ord. No. 05-2031, 5-13-2013)

1.

In the event the use of a tower is discontinued by the facilities owner, or in the event a facilities owner files notice to the FCC of its intent to cease operating, the facilities owner and/or the landowner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be or was discontinued.

2.

If the city receives notice, or if any tower shall cease to be used for a period of 180 consecutive days the city shall notify the facilities owner, with a copy to the applicant, that the site will be subject to a determination that such site has been abandoned. The facilities owner shall have 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 facilities owner fails to show that the tower has been in use or under repair during the period, the city shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the facilities owner shall, within 75 days, dismantle and remove the tower. If a facilities owner fails to remove an abandoned tower within 75 days of the final determination of abandonment, the city may dismantle and remove the tower and recover the costs of same from the facilities owner or by accessing the bond set forth above.

(Ord. No. 05-2013, 5-13-2013)

1.

The provisions of this ordinance shall be enforced against all facilities owners of towers, antenna support structures or telecommunications facilities within the city and all facilities owners of property or land upon which towers, antenna support structures or telecommunications facilities are sited.

2.

The city shall have the right to withhold any approvals with respect to any application by any such person in the event that it shall find that the person is not in compliance with the provisions of this ordinance until such noncompliance has been cured.

3.

The city reserves the right to impose any other reasonable conditions it determines are necessary for the proper placement, construction, or modification of towers, antenna support structures or telecommunications facilities, and to impose any other reasonable conditions on the issuance of a conditional use permit issued by the city for placement, construction, or modification of a tower, antenna support structure or telecommunications facilities.

(Ord. No. 05-2013, 5-13-203)

The city may at any time revoke a conditional use permit for any telecommunications facilities for failure to comply with the provisions of this ordinance. To properly revoke a conditional use permit, the city will comply with the procedures set forth below:

1.

The city shall provide facilities owner with written notice of a cause for revocation and the intent to revoke and shall allow facilities owner 60 days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with this ordinance. Together with the notice required herein, the city shall provide facilities owner with written findings of fact which are the basis of revocation.

2.

The city shall provide facilities owner with the right to a public hearing before the city council, which public hearing shall follow the 60-day notice required above. All interested parties shall be allowed an opportunity to be heard at the public hearing and to present evidence.

3.

After the public hearing, the council shall, within 30 business days after the public hearing date, issue a written order setting forth its findings of fact and conclusions of law forming the basis for its decision.

4.

Upon written determination by the council to revoke a permit, the facilities owner may appeal the decision to a court of competent jurisdiction in the State of Alabama.

5.

Upon satisfactory correction by facilities owner of the violation upon which said notice was given as determined in the city's sole discretion, the initial notice shall become void.

6.

Upon facilities owners' failure to correct a violation as found by the city council, the city may issue an order to disconnect any telecommunications facilities attached to a tower or antenna support structure. Said order shall not be issued prior to 30 days from the date of the council's written determination. Said order shall be served upon the facilities owner at its last known address and have attached to it the findings of the council.

(Ord. No. 05-2013, 5-13-2013)

All facilities owners located within the city shall be subject to the regulatory authority of the city as set forth in this ordinance, other applicable ordinances of the city, and state and federal law, including all such ordinances and laws as may be enacted or amended from time to time hereafter.

(Ord. No. 05-2013, 5-13-2013)

By accepting a permit, the facilities owner or owners, jointly and severally, agree to indemnify, and hold the city, its elected officials, agents and employees, harmless from all costs, liabilities, and claims for damages of any kind (including reasonable attorneys' fees) arising out of the construction, presence, installation, maintenance, repair or operation of its facilities, whether any act or omission complained of is authorized, allowed, or prohibited by a permit. The facilities owner or owners further agree that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the city, its elected officials, agents or employees for any claim nor for any award arising out of the presence, installation, maintenance or operation of the facilities, whether the act or omission complained of is authorized, allowed or prohibited by a permit. The foregoing does not indemnify the city for its own negligence. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the facilities owner or to the city; and the facilities owner, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf.

(Ord. No. 05-2013, 5-13-2013)