§ 7.10.09. Nonconforming antenna support structures, replacements and modifications of existing structures.

To encourage the use of sites which already have an existing structure that creates a visual or height impact, modifications to or replacement of such facilities may occur subject to the following conditions:

A.

Nonconforming antenna support structures: All antenna support structures legally installed at the time of initial construction, which, because of changes to the Code, no longer conform to the requirements of the Code, shall be considered legally permitted nonconforming uses. Such facilities may be used or repaired and, may be replaced or modified in accordance with this section.

B.

Modification or replacement of existing structures to accommodate collocation:

1.

Modification or replacement of existing antenna support structures. An existing antenna support structure may be modified or replaced to accommodate the collocation of antenna(s) as follows:

a.

Antenna support structures which, when modified or replaced, will conform to the requirements of the Code, may be modified or relocated on the same zoning lot up to the requirements of the Code.

b.

Antenna support structures which, when modified or replaced, will not conform to the requirements of the Code, may be increased in height, one time, up to 40 feet above the approved height and/or may be relocated on the same zoning lot, one time, within 75 feet of the existing location, with administrative review and without conformance with any other setbacks, or height related requirements.

c.

After the antenna support structure is replaced, as provided herein, the existing antenna support structure shall be removed within 90 days.

d.

An antenna support structure which is modified or replaced to accommodate the collocation of additional antenna(s) shall be either of the same type as the existing antenna support structure or a monopole.

2.

Utilization of existing structures, other than antenna support structures. An existing structure, other than an antenna support structure, may be modified or replaced to accommodate both its prior function and antenna(s) as follows:

a.

Such existing structures which, when modified or replaced, will conform to the requirements of the Code for antenna support structures, may be modified or relocated on the same zoning lot up to requirements of the Code.

b.

Such existing structures which, when modified or replaced, will not conform to the requirements of the Code for antenna support structures, may be:

i.

Increased in height, one time,

(a)

of a distance greater than 110 percent of the height of the modified existing structure from any single-family residential structure, up to 50 percent of the height of the existing structure or 40 feet, whichever is less; or

(b)

If the distance is less than 110 percent of the height of the modified existing structure from any single-family residential structure, up to 25 percent of the height of the existing structure or 40 feet, whichever is less.

ii.

Relocated on the same zoning lot, one time, within 50 feet of the existing location, with administrative review and without conformance with any other setbacks, separations or height related requirements contained herein.

c.

The modified or relocated pole-type structure shall comply with all applicable FCC and FAA regulations and applicable building codes.

(Ord. No. 99-09, § 1, 8-12-99)