(A) Any wireless telecommunication facility or wireless telecommunications collocation facility that was lawfully constructed prior to June 18, 2011, which does not comply with the standards, regulations and/or requirements of Chapter 17.46, shall be deemed a nonconforming structure.
(B) A nonconforming wireless telecommunications facility or nonconforming wireless telecommunications collocation facility may be continued in use so long as it is in compliance with all laws other than the regulations of this Title 17, subject to the following provisions:
(1) Nonconforming wireless telecommunications facilities and wireless telecommunications collocation facilities shall, within ten years from the date such facility becomes nonconforming, bring the facility into conformity with all requirements of this Title 17; provided, however, that should the owner desire to expand or modify the facility, or make some other change in excess of that permitted pursuant to § 17.48.040, the owner shall comply with all applicable provisions of this code at such time.
(2) When a nonconforming wireless telecommunications facility or wireless telecommunications collocation facility is abandoned or vacated for a continuous period of 90 days or more, such facility shall conform to the regulations of the district in which the property is located or shall be removed in accordance with Chapter 17.46 of this code if it cannot be made to conform.
(3) An aggrieved person may file an appeal to the City Council of any decision of the Director made pursuant to this section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the City Council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.
(Ord. 2011-04 § 10, 2011)