Telecommunications facilities in existence on the date of the adoption of this subchapter which comply with this chapter (“existing telecommunications facilities”) are subject to the following provisions.
(A) Existing telecommunication facilities may continue in use for the purpose now used, but may not be expanded or replaced without complying with this chapter, except as further provided in this section.
(B) Existing telecommunications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this chapter.
(C) The owner of any existing telecommunications facility may replace, repair or rebuild and/or expand such telecommunications facility to accommodate co-located antennas or facilities, or to upgrade the facilities current engineering, technological or communications standards by obtaining a building permit therefor and without having to conform to the provisions of this chapter (including, but not limited to, provisions of this chapter regarding notice to local zoning authorities or posting of signs) or to otherwise request local zoning approvals, so long as such facilities height is not increased.
(D) Any such replacement, repair, reconstruction or enlargement shall not violate the design standards described in division (B) above beyond that existing at the date of the adoption of this chapter.
(E) Any legally permitted and constructed telecommunications tower shall be exempt from these regulations, except when discontinued for a period of 12 months. In such cases, the applicant or utility shall be required to follow the procedures listed herein.
(Ord. 8, passed 10-23-1987, § 6.309)