13-1-9: BUILDINGS OR OTHER EQUIPMENT STORAGE:

   A.   Antennas Mounted On Structures Or Rooftops: The equipment cabinet or structure used in association with antennas shall comply with the following:

      1.   The cabinet or structure shall not contain more than two hundred twenty five (225) square feet of gross floor area or be more than fifteen feet (15') in height. In addition, for buildings and structures which are less than sixty five feet (65') in height, the related unmanned equipment structure, if over one hundred fifty (150) square feet of gross floor area or eight feet (8') in height, shall be located on the ground and shall not be located on the roof of the structure.

      2.   If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent (10%) of the roof area.

      3.   Equipment storage buildings or cabinets shall comply with all applicable building codes.

   B.   Antennas Mounted On Utility Poles Or Light Poles: The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

      1.   In residential districts, the equipment cabinet or structure may be located:

         a.   In a front or side yard provided the cabinet or structure is no greater than three feet (3') in height or sixteen (16) square feet of gross floor area and the cabinet/structure is located a minimum of fifteen feet (15') from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36").

         b.   In a rear yard, provided the cabinet or structure is no greater than five feet (5') in height or twenty five (25) square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36").

      2.   In commercial or industrial districts the equipment cabinet or structure shall be no greater than five feet (5') in height or twenty five (25) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36").

   C.   Antennas Located On Towers: The related unmanned equipment structure shall not contain more than two hundred twenty five (225) square feet of gross floor area or be more than fifteen feet (15') in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

   D.   Modification Of Building Size Requirements: The requirements of subsections A through C of this section may be modified by the zoning administrator in the case of administratively approved uses or by the planning commission in the case of uses permitted by special use to encourage collocation. (Ord. 02-02, 2-11-2002)

13-1-10: REMOVAL OF ABANDONED ANTENNAS AND TOWERS:

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the village of Pawnee notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. 02-02, 2-11-2002)

13-1-11: NONCONFORMING USES:

   A.   No Expansion Of Nonconforming Use: Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

   B.   Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.

   C.   Rebuilding Damaged Or Destroyed Nonconforming Towers Or Antennas: Notwithstanding section 13-1-10 of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in subsections 13-1-8B4 and B5 of this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in section 13-1-10 of this chapter. (Ord. 02-02, 2-11-2002)