§ 186.09 MODIFICATION OF EXISTING TOWERS.
   (A)   Existing towers constructed prior to the effective date of this chapter which do not meet the requirements of this chapter may continue as a non-conforming use. These towers may be replaced or modified for co-location, or to improve functionality as long as the height of the tower does not exceed 40 feet above the original tower height.
   (B)   Minor modifications to communication towers shall be approved by staff administrative review. Minor modifications include the addition of antennas, provided either that the antennas add no more than 40 feet in height to the tower, or that the tower is rebuilt to the same height or no more than 40 feet above the original tower height. Prior to receiving a building permit for the modified tower, the applicant must meet the requirements of § 186.08(B). In lieu of submitting "full-scale" site plan drawings, the applicant shall submit a current survey of the communications tower facility showing not only the tower compound, but all equipment contained within. The survey must also show the proposed equipment, and be accompanied by a written statement, on company letter-head, describing the amount that the tower height is being increased, if applicable. If the tower is not being increased in height, the letter shall describe the location of the new antennae.
   (C)   Major modifications to communication towers shall be approved as stated in the zoning districts and may include conditional use review. Major modifications are those that exceed the definition of minor modifications.
   (D)    Co-locations, on alternative support structures that meet the requirements of § 186.07(I)(1)-(4) or on existing towers, including nonconforming structures or towers, that meet the requirements provided in subparagraphs (1) - (3) below, are subject only to building permit review. Such co-locations are not subject to any design or placement requirements in effect at the time of the co-location that are more restrictive than those in effect at the time of the initial tower or antennae placement approval, or to public hearing review.
      (1)   The co-location does not increase the height of the tower or structure to which the antennae are to be attached, measured to the highest point of any part of the tower or structure or any existing antennae attached to the tower;
      (2)   The co-location does not increase the ground space area, commonly known as the compound, approved in the site plan for equipment enclosures and ancillary facilities; and
      (3)   The co-location consists of antennae, equipment enclosures, and ancillary facilities that are of a design and configuration consistent with all applicable regulations, restrictions, or conditions, if any, applied to the initial antennae placed on the tower or structure and its accompanying equipment enclosures and ancillary facilities and, if applicable, to the tower or structure supporting the antennae. Such regulations may include the design and aesthetic requirements, but not procedural requirements, in effect at the time the initial tower or antennae placement was approved.
(Ord. 98-19, passed 7-16-98; Am. Ord. 2011-37, passed 7-21-11)