(A) Regulations not retroactive. Ordinance 697 amendments shall not be construed to require the removal, lowering or other change or alteration of any structure or tree which complied with this subchapter prior to the adoption of the ordinance codified herein, or which existed prior to the adoption of this subchapter. Nothing contained 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 the effective date hereof and is diligently prosecuted.
(B) Marking and lighting. Notwithstanding division (A) above, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the manager of the Northwest Iowa Regional Airport to indicate the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Northwest Iowa Regional Airport. Any permit granted may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owner’s expense, such marking and lights as may be necessary.
(C) Alteration or change of non-conforming use. No permit shall be granted that would allow a non-conforming use or structure to become a greater hazard to air navigation than it was on the effective date hereof, or any amendment hereto, or than it is when the application for a permit is made.
(D) Non-conforming uses abandoned or destroyed. Whenever the administrative agency or its designee determines that a non-conforming structure is abandoned for one year or destroyed, by any means, to the extent of more than 60% of the replacement cost, said structure shall not be rebuilt, restored or re-occupied for any purpose unless it shall thereafter conform to all regulations of this chapter.
(Prior Code, § 9-15-10) (Ord. 697, passed 3-1-2010)