§ 158.414  NON-CONFORMITIES.
   (A)   Structures and uses existing on the effective date of this chapter shall not be required to change in order to comply with these regulations, except where otherwise required by law or where a threat to public safety warrants a determination that the ongoing use is a public nuisance. The non-conforming use requirements of this section shall otherwise apply to the future applicability of the standards and requirements contained herein, provided that the requirements of this section shall be supplemented by provisions of this chapter governing non-conformities which do not conflict with the provisions of this section.
   (B)   Before any non-conforming structure or object of natural growth may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the Director, authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non- conforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of this chapter or than it is when the application for a permit is made.
   (C)   Whenever the Director determines that a non-conforming use or non-conforming structure or tree has been abandoned or more than 80% torn down, destroyed, deteriorated or decayed:
      (1)   No permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and
      (2)   Whether application is made for a permit under this section or not, the Director may by appropriate action compel the owner of the non-conforming structure or tree, at his or her own expense, to lower, remove, reconstruct or equip such object as may be necessary to conform to the regulations.
   (D)   If the owner of the non-conforming structure or tree shall neglect or refuse to comply with such order for ten days after notice thereof, the Director may proceed to have the object so lowered, removed, reconstructed or equipped and shall have a lien, upon behalf of the city, upon the land whereon it is or was located, in the amount of the cost and expense thereof. Such lien may be enforced by the city by an action for the enforcement thereof, as in the case of other liens.
(Ord. 3718, passed 6-20-2011)