1036.12 NONCONFORMING WIRELESS COMMUNICATIONS FACILITIES.

(a) Any wireless communications facility sited in the right-of-way that is legally in existence on the date of the adoption of this chapter but that does not comply with the requirements of this chapter shall be permitted to remain in the right-of-way but shall be considered a nonconforming wireless communications facility.

(b) As of the March 27, 2017, the owner of the nonconforming facility and the facility itself are subject to the standard conditions found in Section 1036.08 and the maintenance requirements found in Section 1036.11.

(c) If a nonconforming wireless communications facility is hereafter damaged or destroyed beyond repair, any replacement facility must be designed in accordance with all provisions of this chapter and the design guidelines.

(d) The provisions in this section shall not be applied to prohibit or deny any collocation or modification pursuant to a Type I application, as required by FCC regulations.

(Ord. 070-17. Passed 3-27-17.)

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