§ 40-293. Wireless facilities and wireless support structures existing on date of adoption of article.

(a)

Grandfathered use. Wireless facilities and wireless support structures that were legally permitted on or before the date of the ordinance from which this article is derived was enacted shall be considered a permitted and lawful use.

(b)

Activities at nonconforming wireless support structures . Notwithstanding any provision of this article:

(1)

Ordinary maintenance may be performed on a nonconforming wireless support structure or wireless facility.

(2)

Collocation of wireless facilities on an existing nonconforming wireless support structure shall not be construed as an expansion, enlargement or increase in intensity of a nonconforming structure and/or use and shall be permitted through the administrative approval process defined in section 40-289; provided that the collocation does not substantially modify the size of the equipment compound at that location or otherwise substantially modify the existing nonconformity.

(3)

Substantial modifications may be made to nonconforming wireless support structures utilizing the conditional use permit process defined in section 40-290.