A. Nonconforming Uses:
1. Grandfather Clause: The provisions of this chapter shall not be construed to require the removal or alteration of any structure not conforming to these provisions as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use in existence on that date. Nothing herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to such adoption and was diligently pursued.
2. Replacement: Whenever a nonconforming structure or tree has been abandoned, or has been torn down, physically deteriorated, decayed, damaged or otherwise destroyed, to an extent of more than fifty percent (50%) of its replacement cost at the time of such occurrence, such structure or tree shall not be reconstructed, repaired or replaced in a manner exceeding any applicable height limitation or otherwise deviating from the provisions of this chapter, and no permit allowing the same shall be issued hereunder without the prior granting of a variance.
B. Conflicting Regulations: Where an area or location is subject to more than one height limitation under this chapter, or where a conflict exists between any of the regulations or limitations prescribed by this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent or restrictive limitation or requirement shall govern. (Ord. 766, 2-16-2004)
C. Penalty; Injunction:
1. Misdemeanor: Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter shall constitute a misdemeanor and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. Each day a violation continues to exist shall constitute a separate offense. (Ord. 766, 2-16-2004; amd. 2008 Code)
2. Injunction: In addition, the political subdivision or agency adopting zoning ordinances under this chapter may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning ordinances adopted under this chapter or of any order or ruling made in connection with their administration or enforcement; and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto. (Ord. 766, 2-16-2004)