(A) Future uses. A future use of land by any persons or owners shall in all respects conform to the restrictions set forth in this subchapter.
(B) Existing uses. No existing use of property shall be changed, replaced, substantially altered, or rebuilt within any zone hereunder created if such change would create an airport hazard, or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on May 17, 1983.
(C) Nonconforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated, or decayed, that particular nonconforming structure or tree shall not be replaced in its nonconforming condition, but shall be changed or eliminated so as to comply with the restrictions set forth in this subchapter.
(1) Whenever the Zoning Administrator determines that a nonconforming use has been abandoned in accordance with the terms hereof, the Zoning Administrator shall notify the owner of that nonconforming use in writing that it is necessary to bring the nonconforming use into compliance with this subchapter. In the event that the owner, after 30 days’ notice, shall fail or neglect or refuse to comply with the order of the Zoning Administrator, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed, or equipped so that it might be in conformance with this subchapter, and then assess the cost and expense thereof against the land upon which the structure is or was located.
(2) Unless such assessment is paid within 90 days from the service of the notice thereof on the owner of the land, the sum shall bear interest at the rate of 18% per annum from the date the cost is incurred until paid, and shall be collected in the same manner as are general taxes.
(Ord. 19, passed 2-14-2012) Penalty, see § 152.99