(a) Regulations not retroactive. Notwithstanding any restrictions contained in this division to the contrary, this division shall not be construed:
(1) To require changes in nonconforming land use existing on the effective date hereof;
(2) To require the removal, lowering or other change of any structure that does not conform to this division on the effective date hereof, including all phases or elements of a multiphase structure, regardless of whether actual construction has commenced, that received a determination of no hazard by the FAA before the effective date hereof;
(3) To require the removal, lowering or other change of an object of natural growth that does not conform to this division on the effective date hereof; or
(4) To interfere with the continuation of a use that does not conform to this division on the effective date hereof.
(b) Marking and lighting. Notwithstanding the provisions of subsection (a) above, the director or the Fort Worth Alliance Airport board of adjustment may, in its reasonable discretion, require, as a condition to the issuance of a permit by the director or the grant of a variance by the board, that the owner of a structure or object of natural growth allow the installation, operation and maintenance thereon of any markers and lights that the director or board deems necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of an airport hazard. Such markers and lights shall be installed, operated and maintained at the expense of the city.
(c) Abandonment or destruction.
(1) Whenever the director determines that a legal nonconforming use of a structure has been discontinued or abandoned for a continuous period exceeding 12 calendar months, such discontinued or abandoned use shall not thereafter be resumed, continued or reestablished.
(2) Whenever the director determines that a legal nonconforming structure ceases to be used in a bona fide manner for a period exceeding 12 calendar months, such nonconforming structure shall not thereafter be used or occupied until such structure fully complies with this division.
(3) Whenever the director determines that a legal nonconforming object of natural growth has been abandoned for a period exceeding 12 calendar months, such nonconforming object of natural growth shall not thereafter be allowed to remain unless it fully complies with this division.
(4) Whenever the director determines that more than 75% of a legal nonconforming structure or legal nonconforming object of natural growth has been destroyed or torn down or become physically deteriorate or decayed, such nonconforming structure or nonconforming object of natural growth shall not be rebuilt, repaired or replaced in violation of this division.
(5) A legal nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use.
(Ord. 10121, § 2, passed 6-2-1988)