§ 152.254 NONCONFORMING USES.

   (A)   Not expansion of nonconforming use.  Towers that are constructed, and antennas that are installed, in accordance with the provisions of §§ 152.245et seq. shall not be deemed to constitute the expansion of a nonconforming use or structure.

   (B)   Pre-existing towers.

      (1)   Pre-existing towers shall be allowed to continue their usage as they presently exist.

      (2)   Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on the preexisting towers.

      (3)   New construction other than routine maintenance on a preexisting tower shall comply with the requirements of §§ 152.245et seq.

   (C)   Rebuilding damaged or destroyed nonconforming towers or antennas.

      (1)   Notwithstanding § 152.253, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in § 152.251.

      (2)   The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval.

      (3)   Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed.

      (4)   If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in § 152.253.

(Ord. 98-3, passed 10-10-1998)  Penalty, see § 152.999