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A. This section only applies to tall structures that are legally permitted or are recognized by the city as having obtained preexisting legal nonconforming status.

B. The tower operator is responsible for all aspects of the operation, improvements, development, and maintenance of the site in compliance with the terms and conditions of the permit and all applicable local, state, and federal requirements.

C. Tall structures may be replaced or reconstructed in order to improve the structural integrity of the tall structure or in the case of accidental damage or collapse.

D. Reconstruction or replacement shall not:

1. Increase lighting;

2. Change the type of lighting;

3. Change the tower type;

4. Change the location of the tall structure; or

5. Increase the height of a tall structure.

E. In the case of accidental damage or collapse, if reconstruction or replacement has not commenced within six (6) months from the date of the damage, the structure is considered to be abandoned and is subject to BMC 16.10.210.

F. Reconstruction or replacement must conform to all the requirements and conditions of a previously granted permit or preexisting legal nonconforming determination. [Ord. 15-27 § 3.]