A. 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 February 5, 1973, or otherwise interfere with the continuance of any use which was nonconforming as of such date. Nothing herein contained shall require any change in the construction or alteration of which was begun prior to February 5, 1973, and was diligently prosecuted, except as hereinafter provided in regard to hazard marking and lighting.
B. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree shall permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the joint city-county airport board to indicate, to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the joint city- county airport board.
C. Whenever a nonconforming structure or tree has been abandoned, or has been torn down, physically deteriorated, decayed, damaged or otherwise destroyed, to an extent of more than fifty percent (50%) of its replacement cost at the time of such occurrence, such structure or tree shall not be reconstructed, repaired or replaced in a manner exceeding any applicable height limitation or otherwise deviating from the provisions of this chapter, and no permit allowing the same shall be issued hereunder without the prior granting of a variance. (Ord. 2359, 5-20-1985)