Itasca City Zoning Code
§ 15.05
NON-CONFORMING USERS.
1. Prohibited Expansion of Non-Conforming Use: Telecommunications Towers that are constructed and Antennas that are installed in accordance with the provisions of this Ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure.
a. A Telecommunications Tower other than that used for Ham Radio or as a Receive-Only Antenna, located within the lot lines of a single-family or multi-family residence in zoning district R-1, R-2, or R-3, which is used for commercial purposes, shall be considered to be a non-conforming structure.
2. Pre-Existing Telecommunications Tower: Pre-existing Telecommunications Towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new Telecommunications Tower of light construction and Height) shall be permitted on such pre-existing Telecommunications Towers. New construction other than routine maintenance on a pre-existing Telecommunications Tower shall comply with the requirements of this Ordinance.
3. Rebuilding Damaged or Destroyed Non-Conforming Antennas, Antenna Structures, or Telecommunications Towers: Not withstanding any provision in this Ordinance to the contrary, bona fide non-conforming Antennas, Antenna Structures or Telecommunications Towers or Antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a Special Use Permit and without having to meet the separation requirements specified elsewhere in this Ordinance. The type, height, and location of the Telecommunications Tower on site shall be of the same type and intensity as the original facility approved.
Building permits to rebuild a facility shall comply with the then applicable building code and shall be obtained within one hundred and eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the Telecommunications Tower or Antenna shall be deemed abandoned as specified in Section 15.04.14.
(Ord. 963-97, passed 4-8-97; Am. Ord. 1075-01, passed 2-6-01)