(A) Whenever the Airport Zoning Compliance Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow that structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether application is made for a permit under this section or not, the Airport Zoning Compliance Administrator may order the owner of the abandoned or partially deteriorated non-conforming structure, at his or her own expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this chapter.
(B) In the event the owner of the non-conforming structure shall neglect or refuse to comply with this order for ten days after receipt of written notice of the order, the Airport Zoning Compliance Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed non-conforming structure lowered, removed, reconstructed or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless this assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(C) All permit applications for the replacement of a destroyed non-conforming structure or tree shall be granted; provided that, the replacement structure or tree is of no greater hazard to air navigation, nor occupies a greater area than it did on the effective date of this chapter.
(2004 Code, § 151.47) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)