§ 10. NONCONFORMING AND ABANDONED WCF'S.

Antenna array, attached WCF's, and WCF's in existence on the effective date of this Ordinance [Appendix D] which do not comply with the requirements of this Ordinance [Appendix D] (hereinafter referred to as "nonconforming WCF") are subject to the following provisions:

A.

Expansion. Nonconforming WCF's may continue to be used for that purpose existing as of the effective date of this Ordinance [Appendix D] now used, but neither the use nor size, nor the height, nor the physical structure, nor the number of antenna arrays of the WCF may be increased, renewed, or expanded without complying with this ordinance [Appendix D].

B.

Repairs or reconstruction. Nonconforming WCF's which are damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions; provided, however, that:

1.

The nonconforming WCF may not (i) be expanded, (ii) have its height increased, (iii) increase the number or size of antenna array, or (iv) otherwise increase its size or use.

2.

If the damage to the nonconforming WCF exceeds fifty (50) percent of its replacement cost, said nonconforming WCF shall not be reconstructed or repaired.

[C.

Reserved. ]

D.

Abandonment. Any WCF not in use for the transmission of wireless communications for a period of one hundred eighty (180) consecutive days shall be deemed abandoned and all rights conferred by this ordinance [Appendix D] as a nonconforming WCF, or rights conferred by a TUP shall terminate and cease, and the abandoned WCF shall not be placed in service or otherwise used, and the abandoned WCF shall be removed within ninety (90) days after written notice from the city to remove the abandoned WCF. If the abandoned WCF is not removed within ninety (90) days, the city may, at its election, enter on to the real estate in which the abandoned WCF is located, and remove same and recover the costs of removal from the owner. If the owner of an abandoned WCF cannot be located at its address as indicated on the TUP application, or is no longer in business, compliance with this section, including but not limited to payment of the cost of removal of the abandoned WCF shall be the responsibility of the landowner on whose real estate the abandoned WCF is located.