(A) Conforming use. Wireless communication facilities that are constructed in accordance with the provisions of §§ 99.01 through 99.11 shall be deemed conforming uses or structures, regardless of their date of construction. This shall be the case even when new facilities are added to a nonconforming installation, provided that any new facilities meet the requirements of §§ 99.01 through 99.11.
(B) Existing towers. Towers already in existence shall be allowed to continue their use as they exist as of the date of the adoption or amendment of §§ 99.01 through 99.11. Routine maintenance (including replacement with a new tower of like construction and height serving the same purpose) shall be permitted. A replacement tower must be constructed within 180 days of removal of the initial facility unless the owner demonstrates that meeting this requirement is not possible due to conditions not reasonably within their control. The Director may permit new construction and/or equipment replacement, other than routine maintenance on an existing tower, provided it complies with the requirements of this chapter and applicable requirements of Chapter 153 of this Code of Ordinances to the extent that existing conditions permit.
(C) Damaged or destroyed nonconforming wireless communications facilities. Notwithstanding this section, nonconforming wireless communications facilities that are damaged or destroyed by actions outside the owner's control may be rebuilt without having to first obtain administrative review or a conditional use approval. Any other permits applicable to construction or reconstruction must be obtained. The type, height, and location of the wireless communications facility shall be the same as the original approved facility and constructed in accordance with currently applicable building codes. Permits for construction shall be obtained within 180 days from the date the facility is damaged or destroyed, and reconstruction shall be started within six months from the time of damage and shall be continued until completed. If no permit for construction is obtained, or if an issued permit expires, the facility shall be deemed abandoned as specified in § 99.08.
(Ord. 19-13, passed 3-25-13; Am. Ord. 41-18, passed 6-25-18)