§ 8-95. Abandonment.

(a)

In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed abandoned. Determination of the date of abandonment shall be made by the board who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to either:

(1)

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower.

(2)

Dismantle and remove the tower.

(b)

At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception and/or variance approval for the tower shall automatically expire.

(Code 2004, § 18.24)