Loading...
(A) New towers and antennas. All new towers or antennas, or modifications of existing towers or antennas, in the township shall be subject to these regulations, except as provided in divisions (B), (C) and (D) below.
(Prior Code, § 49.511)
(B) Amateur radio station operators/receive only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(Prior Code, § 49.512)
(C) Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this chapter, other than the requirements of § 154.04(E) and (F).
(Prior Code, § 49.513)
(D) AM array.
(1) For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower.
(2) Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(Prior Code, § 49.514)
(Ord. 121800, eff. 1-18-2001)
(A) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(Prior Code, § 49.515)
(B) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(Prior Code, § 49.516)
(C) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of any existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the township or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the township. However, the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(Prior Code, § 49.517)
(D) Aesthetics. Towers and antennas shall meet the following requirements.
(1) Finish and color of towers. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) Blend with setting. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(3) Color of antenna. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(Prior Code, § 49.518)
(E) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If the standards and regulations are changed, the owners of the towers and antennas so governed by this chapter shall bring the towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the revised standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(Prior Code, § 49.519)
(F) Building Codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with the applicable state and local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
(1) If, upon inspection, the township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards.
(2) Failure to bring such tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
(Prior Code, § 49.520)
(G) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the township irrespective of municipal and county jurisdictional boundaries.
(Prior Code, § 49.521)
(H) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
(Prior Code, § 49.522)
(I) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the township have been obtained and shall file a copy of all required franchises with the Zoning Administrator.
(Prior Code, § 49.523)
(J) Public notice. For purposes of this chapter, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 154.07(H), Table 2, in addition to any aotice otherwise required by the zoning ordinance.
(Prior Code, § 49.524)
(K) Signs. No signs shall be allowed on an antenna or tower.
(Prior Code, § 49.525)
(L) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 154.08.
(Prior Code, § 49.526)
(M) Multiple antenna/tower plan.
(1) The township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.
(2) Applications for approval of multiple sites shall be given priority in the review process.
(Prior Code, § 49.527)
(Ord. 121800, eff. 1-18-2001)
(A) General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
(Prior Code, § 49.528)
(B) Permitted uses. The following uses are specifically permitted:
(1) Antennas or towers located on property owned, leased or otherwise controlled by the township, provided a license or lease authorizing such antenna or tower has been approved by the township; and
(2) (a) Antennas located on a previously approved tower upon submission of structural calculations certified and sealed by a licensed structural engineer certifying that the previously approved tower can support the additional antenna(s).
(b) An antenna placed on a previously approved tower may be authorized by the Zoning Administrator and need not be submitted to the Planning Commission.
(Prior Code, § 49.529)
(Ord. 121800, eff. 1-18-2001)
(A) General. The provisions set forth in this section shall govern the issuance of administrative approvals for towers and antennas.
(Prior Code, § 49.530)
(B) Approval by Zoning Administrator. The Zoning Administrator may administratively approve the uses listed in this section.
(Prior Code, § 49.531)
(C) Application and fee. Each applicant for administrative approval shall apply to the Zoning Administrator providing the information set forth in § 154.07(B) and (D) and a nonrefundable fee in the amount of $500 to reimburse the township for the costs of reviewing the application.
(Prior Code, § 49.532)
(Prior Code, § 49.533)
(E) Response by Zoning Administrator. The Zoning Administrator shall respond to each such application with 60 days after receiving it by either approving or denying the application. If the Zoning Administrator fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
(Prior Code, § 49.534)
(F) Waiver of setbacks. In connection with any such administrative approval, the Zoning Administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 154.07(E) or separation distances between towers in § 154.07(F), (G) and (H) by up to 50%.
(Prior Code, § 49.535)
(G) Reconstruction of existing tower. In connection with any such administrative approval, the Zoning Administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(Prior Code, § 49.536)
(H) Prior to appeal upon denial. If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to § 154.08 prior to filing any appeal that may be available under the zoning regulations in Chapter 156 of this code of ordinances.
(Prior Code, § 49.537)
(I) List of administratively approved uses. The uses listed in divisions (J) through (M) below may be approved by the Zoning Administrator after conducting an administrative review.
(Prior Code, § 49.538)
(J) Industrial or General Business District. Any antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, may be approved by the Zoning Administrator if it is located in an Industrial District or General Business District.
(Prior Code, § 49.539)
(K) Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Administrator as an accessory use to any commercial, manufacturing, professional, institutional or multi-family structure of eight or more dwelling units, provided as follows:
(1) The antenna does not extend more than 30 feet above the highest point of the structure;
(2) The antenna complies with all applicable FCC and FAA regulations; and
(3) The antenna complies with all applicable Building Codes.
(Prior Code, § 49.540)
(L) Antennas on existing towers. Any antenna which is attached to an existing tower may be approved by the Zoning Administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following.
(1) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Administrator allows reconstruction as a monopole.
(2) An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower’s existing height, to accommodate the collocation of an additional antenna.
(3) The height change referred to in division (L)(2) above may only occur one time per communication tower.
(4) The additional height referred to in division (L)(2) above shall not require an additional distance separation as set forth in § 154.07. The tower’s premodification height shall be used to calculate such distance separations.
(5) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
(6) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
(7) (a) A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 154.07(F), (G) and (H).
(b) The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 154.07(F), (G) and (H).
(8) The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in § 154.07(F), (G) and (H) shall only be permitted when approved by the Zoning Administrator.
(Prior Code, § 49.541)
(M) New towers in nonresidential zoning districts. Any new tower in a nonresidential zoning district other than any Industrial District or General Business District may be approved by the Zoning Administrator provided that: a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; that the Zoning Administrator concludes the tower is in conformity with the goals set forth in § 154.01 and the requirements of § 154.04; that the tower meets the setback requirements in § 154.07(E) and separation distances in § 154.07(F), (G) and (H); and that the tower meets the following height and usage criteria:
(1) For a single user, up to 90 feet in height;
(2) For two users, up to 120 feet in height;
(3) For three or more users, up to 150 feet in height;
(4) Locating any alternative tower structure in a zoning district other than any Industrial District or General Business District that in the judgment of the Zoning Administrator is in conformity with the goals set forth in § 154.01; and
(5) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
(Prior Code, § 49.542)
(Ord. 121800, eff. 1-18-2001)
(A) General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Commission.
(2) Applications for special use permits under this section shall be subject to the procedures and requirements of the zoning regulations, except as modified in this section.
(3) In granting a special use permit, the Planning Commission may impose conditions to the extent the Planning Commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(5) An applicant for a special use permit shall submit the information described in this section and a non-refundable fee as established by resolution of the Board of Trustees of the township to reimburse it for the costs of reviewing the application.
(Prior Code, § 49.543)
(B) Information required. In addition to any information required for applications for special use permits pursuant to the zoning regulations, applicants for a special use permit for a tower shall submit the following information:
(1) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities) , master plan classification of the site and all properties within the applicable separation distances set forth in divisions (F), (G) and (H) below, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Administrator to be necessary to assess compliance with the chapter;
(2) Legal description of the parent tract and leased parcel (if applicable);
(3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties;
(4) The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 154.04(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing towers(s) and the owner/operator of the existing tower(s), if known;
(5) A landscape plan showing specific landscape materials;
(6) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;
(7) A description of compliance with § 154.04(C), (D), (E), (F), (G), (I), (J) and (K) and divisions (E), (F), (G) and (H) below; and all applicable federal, state or local laws;
(8) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users;
(9) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality;
(10) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and
(11) A description of the feasible location(s) of future towers or antennas within the township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(Prior Code, § 49.544)
(C) Factors considered in granting special use permits for towers.
(1) In addition to any standards for consideration of special use permit applications pursuant to the zoning regulations, the Planning Commission shall consider the following factors in determining whether to issue a special use permit, although the Planning Commission may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Commission concludes that the goals of this chapter are better served thereby:
(a) Height of the proposed tower;
(b) Proximity of the tower to residential structures and residential district boundaries;
(c) Nature of uses on adjacent and nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage and foliage;
(f) Design of the tower, with particular reference to design characteristics that have the effect of deducing or eliminating visual obtrusiveness;
(g) Proposed ingress and egress; and
(h) Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in division (D) below.
(2) The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect and subject to removal as a nonconforming structure.
(3) If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the township, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for new wireless communication support structures within the township for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
(Prior Code, § 49.545)
(D) Availability of suitable existing towers, other structures or alternative technology.
(1) No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Planning Commission related to the availability of suitable existing towers, other structures or alternative technology.
(2) Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:
(a) Existing towers or structures are not located within the geographic area which meet the applicant’s engineering requirements;
(b) Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements;
(c) Existing towers or structures do not have sufficient structural strength to the support applicant’s proposed antenna and related equipment;
(d) The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna;
(e) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and
(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(Prior Code, § 49.546)
(E) Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby.
(1) Towers which do not require guy wires must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
(2) Towers which require guy wires must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line.
(3) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(Prior Code, § 49.547)
(F) Separation. The separation requirements set forth in divisions (G) and (H) below shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby.
(Prior Code, § 49.548)
(G) Separation from off-site uses /designated areas.
(1) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(2) Separation requirements for towers shall comply with the minimum standards established in Table 1 below.
Table 1 | |
Off-Site Use/Designated Area | Separation Distance |
Table 1 | |
Off-Site Use/Designated Area | Separation Distance |
Existing multi-family residential units greater than duplex units | 100 feet or 100% height of tower whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
Single-family or duplex residential units1 | 200 feet or 300% height of tower whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower whichever is greater2 |
Vacant unplatted residentially zoned lands3 | 100 feet or 100% height of tower whichever is greater |
1 Includes modular homes and mobile homes used for living purposes
| |
2 Separation measured from base of tower to closest building setback line
| |
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex
| |
(Prior Code, § 49.549)
(H) Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and pre-existing towers.
(1) The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower.
(2) The separation distances, (listed in linear feet) shall be as shown in Table 2.
Table 2: Existing Towers - Types | ||||
Lattice | Guyed | Monopole 75 Ft. in Height or Greater | Monopole Less than 75 Ft. in Height | |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 ft. in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 ft. in height | 750 | 750 | 750 | 750 |
(Prior Code, § 49.550)
(I) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. However, the Planning Commission may waive such requirements, as it deems appropriate.
(Prior Code, § 49.551)
(J) Landscaping. The following requirements shall govern the landscaping surrounding the towers for which a special use permit is required. However, the Planning Commission may waive such requirements if the goals of this chapter would be better served thereby.
(1) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property uses for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(2) In locations where the visual impact of the tower should be minimal, the landscaping requirement may be reduced or waived.
(3) (a) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
(b) In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Prior Code, § 49.552)
(Ord. 121800, eff. 1-18-2001)
(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 200 square feet of gross floor area or be more than 13 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 13 feet 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 25% of the roof area.
(3) Equipment storage buildings or cabinets shall comply with all applicable Building Codes.
(Prior Code, § 49.553)
(B) Antennas mounted on utility poles, or light poles/towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with divisions (C) of (D) below.
(Prior Code, § 49.554)
(C) Residential Districts. In residential districts, the equipment cabinet or structure may be located:
(1) (a) In a front or side yard provided the cabinet or structure is no greater than 13 feet in height or 200 square feet of gross floor area and the cabinet/structure is located a minimum of 25 feet from all lot lines; and
(b) The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
(2) In a rear yard, provided the cabinet or structure is no greater than 13 feet in height or 500 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(Prior Code, § 49.555)
(D) Commercial or Manufacturing Districts.
(1) In any Industrial District or General Business District, the equipment cabinet or structure shall be no greater than 20 feet in height or 500 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(2) In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(Prior Code, § 49.556)
(E) Modification of building size requirements. The requirements of divisions (A) through (D) above 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.
(Prior Code, § 49.557) (Ord. 121800, eff. 1-18-2001)
(A) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the township notifying the owner of such abandonment.
(B) Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner’s expense.
(C) If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Prior Code, § 49.558)
(Ord. 121800, eff. 1-18-2001)
(A) Not 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.
(Prior Code, § 49.559)
(B) Pre-existing towers. Pre-existing 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 pre-existing towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(Prior Code, § 49.560)
(C) Rebuilding damaged or destroyed nonconforming towers or antennas.
(1) Notwithstanding § 154.09, 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 set back requirements of § 154.07(E) and separation requirements § 154.07(F), (G) and (H). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval.
(2) Building permits to rebuild the facility shall comply with the applicable Building Codes and shall be obtained within 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 § 154.09.
(Prior Code, § 49.561)
(Ord. 121800, eff. 1-18-2001)