(A) Except as provided in subsection (B) below, the regulations prescribed by this section shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of 9-10-2013, or where applicable, as of the effective date of any subsequent amendment to these regulations. Nothing contained in this section shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to 9-10-2013, or where applicable, prior to the effective date of any subsequent amendment, and is diligently prosecuted.
(B) (1) The owner of any structure, tree, natural growth or use that existed prior to 9-10-2013, or where applicable prior to the effective date of any subsequent amendment to this section, and which is inconsistent with or in violation of this section or an amendment, shall be required, as a condition of the continued maintenance of such structure, tree, or use, to permit the installation, operation and maintenance of such markers and lights as deemed necessary by the FAA or the city’s airport manager, in order to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport.
(2) Such markers and lights shall be installed, operated and maintained at the expense of the city and not of such owner.
(Ord. 3020, passed 9-10-2013, § 3.41.6)