(A) No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of a wireless telecommunications facility as of the effective date of this chapter without having first obtained a special use permit and building permit for a wireless telecommunications facility as defined in § 157.10 of this chapter or an administratively granted authorization (building permit) as defined in § 157.08 of this chapter, whichever is applicable. Notwithstanding anything to the contrary in this section, no special use permit shall be required for those non-commercial exceptions noted in § 157.06, unless deemed in the public interest by the town.
(B) If constructed as required by permit, all legally permitted wireless telecommunications facilities that existed on or before the effective date of this chapter shall be allowed to continue as they presently exist, provided however, that they are operating as originally permitted and that any modification of an existing wireless telecommunications facility not permitted under this chapter will require the complete facility and any new installation to comply with this chapter, as will anything changing the structural load.
(C) Any repair and maintenance of a wireless telecommunications facility that does not increase the height of the structure, alter the profile, increase the footprint or otherwise exceed the conditions of the special use permit does not require an application for a special use permit but may require a building permit. However, no additional construction or site modification shall be considered to be repair or maintenance.
(Ord. O-2007-30IN, passed 12-4-2007)