(A) Exemptions. The following are considered exempt and are not governed by this chapter.
(1) Routine maintenance or repair of a tower, or personal wireless service facility and related equipment, (excluding structural work or changes in height or dimensions of antennas, towers, or buildings) provided that compliance with the standards of this chapter are maintained;
(2) Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility or tower until 30 days after the completion of such emergency activity;
(3) A temporary personal wireless facility shall be permitted for a maximum of 30 days or during an emergency declared by the village, state or federal government.
(B) Nonconforming uses.
(1) No expansion of nonconforming use. Notwithstanding anything in this chapter to the contrary, towers that are constructed, and PWF that are installed, in accordance with the provisions of this chapter, shall not be deemed to constitute the expansion of a non-conforming use or structure.
(2) Pre-existing towers, and personal wireless facilities. Pre-existing towers and PWF shall be allowed to continue their usage as they presently exist. Construction or work other than routine maintenance on a pre-existing tower, or personal wireless facility shall comply with the requirements of this chapter.
(3) Rebuilding damaged or destroyed nonconforming towers or personal wireless facilities. Notwithstanding anything in this chapter to the contrary, bona fide nonconforming towers or PWF that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements specified herein. The type, height, and located of the tower and PWF thereon shall be of the same type and characteristics as the original facilities. Building permits to rebuild shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facilities are damaged or destroyed. If no permit is obtained or if said permit expires, the tower or personal wireless facilities shall be deemed abandoned.
(Ord. 1593, passed 9-21-09)