(A) Regulations not retroactive. The regulations prescribed by this subchapter shall not be construed as to require the removal, lowering or other change or alteration of any nonconforming structure or tree or otherwise interfere with the continuance of any nonconforming use. Except as provided in the following provision of this section, nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this subchapter and is diligently prosecuted.
(B) Lighting, marking and trimming. Notwithstanding the provision in division (A) of this section, the owner of any nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the administrative agency 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 City of Mount Pleasant, Texas. Should any nonconforming tree grow to a greater height than it was on the effective date of this subchapter, the owner of such tree is required to trim or cut such tree to a height equal to or less than it was as of the effective date of this subchapter. Such trimming or cutting shall be at the expense of the owner of such tree or, if deemed appropriate by the administrative agency or the Board of Adjustment, at the expense of the City of Mount Pleasant, Texas.
(Ord. 2000-18, passed 9-18-00)