§ 82-3. Applicability.

(a)

All new communication towers and communication antennas in the city shall be subject to this chapter and all other applicable regulations to the extent not inconsistent with this chapter. For purposes of measurement, communication tower setbacks and separation distances as listed in sections 82-62 through 82-64 shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.

(b)

All communication towers legally existing on July 7, 1997, shall be considered permitted uses, allowed to continue their usage; however, anything other than routine maintenance, including without limitation structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of division 2 of this article, with the exception of separation distances. Routine maintenance shall be permitted on such existing towers.

(c)

All government towers with public safety systems or equipment shall be exempt from the requirements of this section.

(d)

Any legal nonconforming communication tower, antenna or similar transmitting and receiving device is subject to the provisions regarding nonconformance in the zoning regulations. Bona fide nonconforming communication towers rendered nonconforming due to separation requirements that are damaged or destroyed may be rebuilt only in compliance with this chapter.

(Ord. No. 06-97, § 2(8)(B), 7-7-1997; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011)