§ 19-74. Nonconforming uses.

(a)

No expansion of nonconforming use. Towers and communication facilities that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b)

Preexisting towers and antennas. Preexisting towers, communications facilities and antennas shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting facilities. New construction other than routine maintenance on a preexisting tower, communications facilities or antenna (other than as permitted in subsection 19-70(b)(4) shall comply with the requirements of this article. This article shall not be interpreted to legalize any structure or use existing at the time this article is adopted which structure or use is in violation of this Code prior to enactment of this article.

(c)

Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding section 19-73, bona fide nonconforming towers, communications facilities that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in subsections 19-68(r) and 19-68(s). The type, height, and location of the tower, communications facilities and antennas 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 (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if such permit expires, the tower, communications facility or antenna shall be deemed abandoned as specified in section 19- 73.

(Ord. No. O98-09, § 2, 1-27-98; Ord. No.O16-083, 12-13-16; Ord. No. O17-024, 5-23-17; Ord. No. O17-052, Exh. A, 8-8-17; Ord. No. 017-081, (Exh. A), 11-14-17)