(A) Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted. Any structure previously regulated by airport zoning must comply with the previously existing regulations. Nonconforming land uses existing as of the effective date of this chapter may be modified such that:
(1) Only existing structures may be enlarged or expanded;
(2) That they do not result in any greater violation of height restrictions; and
(3) A variance in accordance with § 155.08(H) is obtained.
(B) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree may be required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Town of Colorado City to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the town.
(Ord. 2009-01, passed 4-13-2009; Am. Ord. 2020-01, passed 4-13-2020)