(A) Expansion of non-conforming structure. Notwithstanding anything to the contrary contained in this chapter, towers that are constructed, and antennas that are installed, in accordance with the provisions of this subchapter shall not be deemed to constitute the expansion of any non-conforming use or structure.
(B) Pre-existing towers. Any pre-existing tower shall be allowed to continue such use as exists at the time of adoption of these regulations and may be expanded only to the extent described in § 154.174(B)(2). Routine maintenance shall be permitted on such a pre-existing tower, which shall include replacement with a new tower of like construction and height, provided such new construction otherwise shall comply with the requirements of this subchapter.
(C) Rebuilding of damaged or destroyed nonconforming personal wireless service facilities. Notwithstanding any provision in this chapter to the contrary, bona fide non-conforming antennas, antenna structures or personal wireless service facilities that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter.
(D) Except as permitted by § 154.174(B)(2), the type, height, and location of the personal wireless service facility on-site shall be of the same type and intensity as the original facility approval.
(E) A building permit to rebuild the personal wireless service facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the personal wireless service facility is damaged or destroyed.
(F) If no permit is obtained within said time, or if such permit thereafter expires, the personal wireless service facility shall be deemed abandoned as specified in § 154.177 and shall lose its designation as a non-conforming structure.
(Ord. 16-02, passed 2-22-2016)