A. Future Uses:
1. Permit Required: Except as specifically provided in subsections B and C hereunder, no material change shall be made in the use of land and no structure shall be erected, altered, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted by the Administrator, as hereinafter provided for.
2. Application: Each application for a permit shall indicate the purpose for which the permit is desired, be on the form provided by the Administrator, and with sufficient particularity to permit the Administrator to determine whether it conforms to the regulations herein prescribed and other pertinent laws and ordinances.
3. Granting Of Permit: If such determination is in the affirmative, the permit may be granted.
B. Existing Uses:
1. Permit Required: Before any existing use or structure may be replaced, substantially altered or repaired, or rebuilt within any zone established herein, a permit must be secured authorizing such replacement, change, or repair.
2. Nonconforming Use: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the Ordinance codified in this Chapter or any amendments thereto, or than it is when the application for a permit is made.
3. Granting Of Permit: Except as indicated, all applications for such a permit may be granted.
C. Nonconforming Uses Abandoned Or Destroyed:
1. Order To Abandon Or Destroy: Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, destroyed, physically deteriorated, or decayed 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. Whether application is made for a permit under this subsection or not, the Administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at the landowner's expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Chapter.
2. Failure To Comply: In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten (10) days after receipt of written notice of such order, the Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed, or equipped, and assess the cost and expense thereof against the land on which the structure is or was located.
3. Assessment Of Costs: Unless such an assessment is paid within ninety (90) days from the service of notice thereof on the owner of the land, the sum shall bear interest at the maximum legal rate from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes. (Ord. 33, 7-20-1982)