SEC. 16-495. NONCONFORMING WIRELESS COMMUNICATIONS

Wireless communications facilities that existed on January 13, 1998 and that do not comply with the requirements of this division (“nonconforming facilities”) are subject to the following standards:

(A) Nonconforming facilities may continue in use, but shall not be expanded without compliance with this article.
(B) Nonconforming facilities may add additional antennae on approval of the manager.

(C) Nonconforming towers may be maintained or replaced with a new tower of similar construction and height; provided, however, that such replacement or other construction, other than routine maintenance, shall comply with the requirements of this division.

(D) With the exception of abandoned nonconforming facilities, nonconforming facilities that are damaged or destroyed may be repaired and rebuilt. The type, location and physical dimensions of the rebuilt facility shall be the same as the original facility. Building codes in effect at the time of repair or rebuilding shall apply thereto. The applicant shall obtain building permits within 180 days from the date the facility was damaged or destroyed. If no permit is so obtained or if the permit expires before the repair or rebuilding is completed, the nonconforming facility shall be deemed abandoned.

(E) Without conforming to the provisions of this division, a nonconforming facility may be replaced, repaired, rebuilt or expanded in order to improve the structural integrity of such facility, allow such facility to accommodate colocated antennae or facilities, or upgrade such facility to current engineering, technological or communications standards, as long as the nonconforming facility is not increased in height by more than ten percent and setbacks are not decreased.

(`64 Code, Sec. 34-240) (Ord. No. 2449)