(a) An appellate court, in a final and nonappealable decision, determines that Section 6409(a)(1) of the Spectrum Act, or other applicable law, is unconstitutional or otherwise determined to be invalid or unenforceable; and

(b) The city provides written notice to the applicant that the city has determined that the facilities modification did not conform to zoning and/or development regulations, exclusive of this chapter, in effect at the time the completed eligible facilities modification application was filed and that the facilities modification constitutes a nonconforming structure pursuant to the provisions hereof and must be made conforming or the facilities modification terminated.

(c) Upon receipt of notice of the city’s nonconforming structure determination, applicant shall abate the nonconformance by either conforming the site to the zoning and development regulations in effect at the time the completed eligible facilities modification application was filed, or removing the facilities modification and returning the site to the condition that existed prior to the construction, installation, placement or erection of the facilities modification. The time period for conformance shall be one year from the date of the city’s notice of the nonconforming structure determination.

(d) Health and Safety Codes. Nothing in this section shall relieve the applicant from compliance with applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

(e) The applicant, or its successors or assigns, may appeal the city’s determination of nonconformance to the city hearing examiner by filing a notice of appeal within 10 calendar days of the date of the determination of nonconformance, excluding holidays. (Ord. 1469 § 5 (Att. D), 2019).