Wireless telecommunication antennas and towers in existence as of the date of enactment of this chapter that do not meet or comply with the provisions of this chapter are subject to the following.
(A) Existing towers may continue in use for their existing purpose, but may not be replaced or structurally altered to an extent exceeding 10% of the tower’s fair market value, as determined by the city, without meeting all standards in this chapter. In no event shall any alteration have the effect of increasing or intensifying the level or extent of a tower’s non-conformity. Alterations shall be subject to § 160.400(B) of this chapter.
(B) If the tower is damaged or destroyed to the extent of 50% or more of its fair market value, as determined by the city, due to any reason or cause whatsoever, the owner of the tower may choose to rebuild or remove the tower. In either case, the tower owner shall have one year in which to obtain a building permit from the city and to complete the necessary work. If the owner chooses to rebuild the tower, the tower as reconstructed shall conform to all current and applicable regulations as specified by this code. If a tower is damaged to an extent of less than 50% of its fair market value, the tower owner shall have one year in which to obtain a building permit from the city and to repair or restore the tower to its former size, height and use. The location and physical dimensions shall remain as they were prior to the damage or destruction. If the tower is not repaired or restored within one year from the date of the damage, the ability to repair or restore the tower shall lapse and may not be exercised, upon which time the tower shall be deemed abandoned.
(C) Any tower and/or antenna that is not used for one year shall be deemed abandoned and the property owner shall remove the tower and/or antennas in the same manner and pursuant to the same procedures as for dangerous or unsafe structures established by M.S. §§ 463.15 through 463.26, as they may be amended from time to time. If the owner fails to remove the tower and/or antenna after one year, it may be removed by the city with the costs of the removal assessed against the owner of the tower site.
(Prior Code, § 1124.07) (Ord. 588, passed 02-10-1997)