(A) Future uses. No material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone created by this chapter without obtaining a permit from the Zoning Administrator. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations of this subchapter. If the determination is in the affirmative, the permit shall be granted.
(B) Exception. A permit shall not be required under division (A) above for a tree or structure of less than 75 feet of vertical height above the ground in the outer area, except when the tree or structure, because of terrain, land contour or topographic features, would extend the height or land use limit prescribed for the respective zone. Nothing contained in this exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations or land use limitations established by this subchapter.
(C) Existing uses. No existing use or structure shall be replaced, substantially altered or repaired, or rebuilt within any zone established by this subchapter without a permit authorizing the 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 use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance establishing this subchapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(D) Non-conforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a non-conforming structure or tree has been abandoned or is more than 80% destroyed, no permit shall be granted that would allow the structure or tree to exceed the limitations imposed by this subchapter. Whether application is made for a permit under this section or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed non-conforming structure, at the owner’s sole expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this chapter. In the event the owner of the non-conforming structure shall neglect or refuse to comply with the order for ten days after receipt of written notice of the order, the Zoning 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 such an 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.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)