(A) A legal nonconforming WTF is a facility that was lawfully constructed, installed, or otherwise deployed in the PROW prior to the effective date of this chapter in compliance with all applicable city, state and federal laws and regulations, and which facility does not conform to the requirements of this section.
(B) Legal nonconforming facilities shall comply at all times with the city, state and federal laws, ordinances, and regulations in effect at the time the application was deemed complete, and any applicable federal or state laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. Any legal nonconforming facility which fails to comply with applicable laws, ordinances, regulations or the conditions of approval may be required to conform to the provisions of this section.
(C) Modifications to legal nonconforming facilities may be permitted under the following circumstances.
(1) Ordinary maintenance may be performed on a legal nonconforming facility.
(2) Modifications may be made to an eligible facility, to the extent expressly required by Section 6409(a), subject to compliance with this chapter.
(D) Any nonconforming facility that was not lawfully installed, constructed or otherwise deployed in the PROW in violation of any applicable ordinances, laws or regulations in effect at the time of its deployment is an illegal use and shall be subject to abatement as a public nuisance in accordance with the code and/or any other applicable federal and/or state laws, and the owner thereof shall be subject to all civil and criminal remedies provided by the code and law.
(Ord. 2021-09 § 5 (part), 2021)