Brawley Municipal Code Art. XIII Facilities in Existence Prior to Adoption of these Regulations

(a) Facilities Permitted Prior to Adoption of these Regulations. Communication facilities that obtained valid permits from the city and/or were constructed prior to the enactment of the ordinance codified in this chapter are not subject to these regulations. However, facilities that require renewal will be renewed under these regulations, and any facilities operating with existing permits, or facilities that are not permitted and require or which are proposed for modification must acquire new permits under these regulations. The planning director and/or the planning commission in making its determination on the applicability of any one or all of these sections shall take into consideration the technical feasibility of the compliance required. To that extent the planning director and/or the planning commission shall have the latitude to consider alternatives that are reasonable, that would effect similar compliance and that provide for uniform application to all similar facilities.

(b) Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 8C.14(b), bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit. The type, height and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

(Ord. No. 2000-09, § 1.)