(A) Communications facilities in existence on the date of adoption of this chapter which do not conform to or comply with this chapter are subject to the following.
(1) Legal nonconforming communications facility. Any communications facility located with the town limits on the date of adoption of this chapter which does not conform to the provisions of this chapter is eligible for characterization as a legal nonconforming communications facility and is permitted, provided it also meets the following requirements: the communications facility was covered by a building permit or variance on the date of adoption of this chapter if one was required under applicable law, or, if no building permit was required under applicable law for the communications facility in question, the communications facility had legal nonconforming status at such time.
(2) Unlawful communications facility. Any nonconforming communications facility which does not fit the definition of a legal nonconforming communications facility is an unlawful communications facility.
(3) Annexed communications facility. If land is annexed to the Town of Kouts subsequent to the effective date of this chapter, any communications facility upon such annexed land which does not conform to this chapter at such time shall have legal nonconforming status if:
(a) Under applicable federal, state and county regulations, the communications facility was legal in all respects immediately prior to annexation; and
(b) The annexation was not conditioned upon the removal or modification of the communications facility.
(c) Any communications facility not meeting such requirements is an unlawful communications facility.
(4) Loss of legal nonconforming status. Legal nonconforming communications facility shall immediately lose its legal nonconforming status if:
(a) The communications facility because of improper installation or maintenance, constitutes a threat to public health or safety and remains in such condition after a reasonable time is given to remedy the problem;
(b) The communications facility is demolished or damaged to the extent of 50% or more of its value;
(c) The permit, variance or condition under which the communications facility was allowed expires; or
(d) The communications facility is substantially structurally altered so as to prolong its expected life.
(e) On the happening of any one of the above-listed events, the communications facility shall be immediately brought into conformance with this chapter or shall be removed.
(B) Nothing in this chapter shall relieve the owner or user of a legal nonconforming communi- cations facility or owner of the property on which the legal nonconforming communications facility is located from any provisions regarding safety, maintenance and repair of the communications facility.
(`77 Code, § 67.05) (Am. Ord. 1999-1, passed 1-21-99)