(a) Conforming Use: Towers that are constructed, and antennas that are installed in accordance with the provisions of this Chapter shall be deemed to constitute the conforming uses or structures even when such new facilities are being added to a nonconforming installation.
(b) Pre-existing Towers: Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height serving the same purpose) shall be permitted on such pre-existing towers. A replacement tower must be constructed within one hundred-eighty (180) days following any removal of the initial facility. New construction other than routine maintenance on a pre-existing tower shall comply with the provisions of this Chapter.
(c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas: Bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt. The type, height, and location of the tower onsite shall be of the same type as the original facility. If there are any changes contemplated in the previous design the owner of any such facility must submit the said changes to the Planning Commission for review and approval. Should the Planning Commission fail to act on the owner's request within a period of sixty (60) days the request will be deemed granted. Any 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 said permit expires, the tower or antenna shall be deemed abandoned as specified in this Chapter; provided that such delay is not caused by force majeure as defined in this Chapter.
(Ord. 00-97. Passed 11-28-00.)
(Ord. 00-97. Passed 11-28-00.)