§ 16-42.080. Nonconforming facilities.

(a)

Any WCF in existence prior to December 2, 2005 that is nonconforming to the provisions of this division 16-42 may continue to be used. Such nonconforming facilities may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated, or modified in any material manner, as determined within the reasonable discretion of the director, without conforming to provisions of division 16-42. Notification of nonmaterial modifications shall be provided within thirty days to the review authority by the director.

(b)

Exception. Facilities governed by section 6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012 are not subject to the provisions of this section unless the proposed modification substantially changes the physical dimensions of the existing tower or base station, as those terms are defined in the act.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 558 N.S. , § 2(B), 6-3-2015)