16.10.240 Tall structures in existence or under construction on the date of adoption of this chapter.
A. All tall structures greater than one hundred (100) feet must be registered with the city within ninety (90) calendar days of the adoption of this chapter.
B. All existing tall structures must be brought into compliance with the signage and security fencing requirements of this chapter (BMC 16.10.110) within one hundred eighty (180) calendar days of the adoption of this chapter.
C. Tall structures which have commenced construction or are in existence as of the effective date of the ordinance codified in this chapter, but which would otherwise be prohibited, regulated or restricted under this chapter, are allowed to continue subject to the provisions set out in this section.
1. Structures which have commenced construction as of the date of adoption of this chapter are allowed to be constructed. The height of the structures one (1) year after the date of adoption of this chapter shall be considered the final height of the structure. Such structures may only be expanded in accordance with a permit under this chapter.
2. Existing or proposed structures which have been granted a special use permit under BMC 16.10.100 and other related sections of this chapter are considered to have preexisting legal nonconforming status and are allowed to continue in accordance with the requirements of the permit but shall not be increased in height except as provided in this chapter.
3. Structures which are existing as of the date of adoption of this chapter are eligible for preexisting legal nonconforming status under this chapter.
4. All telecommunications towers greater than eighty (80) feet shall comply with operations standards required by BMC 16.10.110.
D. Alteration or modification of greater than thirty (30) percent of existing tall structure, or an increase in height to an existing tall structure, will void its “grandfather” status, and all elements of this chapter will apply.
E. Nonconforming tall structures which have commenced construction or are in existence as of the date of this chapter are eligible for preexisting legal nonconforming status upon submittal of the following:
1. Name, title, and contact numbers of the landowner, applicant, and persons in charge of the operation;
2. Height of structure;
3. Legal description of the subject parcel;
4. A certified site plan;
5. Documentation of all signage within the equipment compound;
6. Documentation demonstrating that the structure was in existence or had commenced construction prior to the date of adoption of this chapter; and
7. Certified written assurance by the owner of the tall structure that they intend to take responsibility for the safe and proper removal of the tall structure when it ceases to be used for its intended purpose.
F. Within fifteen (15) calendar days of submittal, the planning director shall issue a determination of incompleteness if the application fails to meet the requirements of this chapter. Rejection of the application for preexisting legal nonconforming status shall be in writing and shall state the deficient items. Once the deficiencies are corrected, the application shall be accepted as complete.
G. Preexisting legal nonconforming status will be determined based on the following:
1. Whether the applicant has demonstrated that the tall structure was constructed or construction had commenced legally under the applicable code provisions at the time, if any. [Ord. 15-27 § 3.]