Antenna support structures and/or facilities in existence on the date of the adoption of these regulations that do not comply with the requirements of these regulations, (nonconforming antenna support structures), are subject to the following provisions:
A. Nonconforming antenna support structures may continue their present use, but may not be expanded or increased in height without complying with these regulations, except as further provided in this section.
B. Nonconforming antenna support structures that are hereafter damaged and destroyed by less than fifty percent (50%) of its replacement value, 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 and other necessary approvals thereof, but without otherwise complying with these regulations. If an antenna support structure is destroyed or damaged by more than fifty percent (50%) of its replacement value, the antenna support structure must be brought into compliance with these regulations.
C. The owner of any nonconforming antenna support structure may make minor modifications in order to improve the structural integrity of the facility, to allow the facility to accommodate colocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of these regulations.
D. Change in ownership constitutes need to conform to these regulations. New ownership includes acquisition of the cell tower and/or the company that operates it by outright acquisition or by merger. (Ord. 2003-02, 2-18-2003)