(A) Future uses. No material change shall be made in the use of land, no structure shall be erected, altered, or moved, and no tree shall be planted in any zone created in § 154.03 herein without a permit therefor. Application for a permit shall be made to the City Engineer, and shall indicate the use for which the permit is desired, with sufficient particularity to permit it to be determined whether the use would conform to the regulations herein prescribed. If the determination is in the affirmative, the City Engineer shall issue the permit applied for.
(B) Non-conforming uses.
(1) Before any non-conforming structure, or tree, may be replaced, substantially altered, or repaired, rebuilt, or replanted, a permit shall be secured authorizing the replacement, change, or repair. No permit shall be granted that would allow the structure, or tree, to be made higher, or become a greater hazard to air navigation, than it was when the applicable regulation was adopted; and whenever the City Engineer determines that a non-conforming structure, or tree, has been abandoned, or more than 80% torn down, physically deteriorated, or decayed:
(a) No permit shall be granted that would allow the structure, or tree, to exceed the applicable height limit, or otherwise deviate from the zoning regulations; and
(b) Whether application is made for a permit under this division (B) or not, the City Engineer 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 the object as may be necessary to conform to the regulations or, if the owner of the non-conforming structure, or tree, shall neglect, or refuse, to comply with such an order after ten days’ notice thereof, the Engineer may proceed to have the object so lowered, removed, reconstructed, or equipped, and assess the cost, and expense, thereof upon the object or the land whereon it is, or was, located. Unless the an assessment is paid within 90 days from the service of notice thereof on the agent, or owner, of the object or land, the sum shall bear interest at the rate of 8% per annum until paid, and shall be collected in the same manner as are general taxes.
(2) Except as indicated herein, all applications for permits for replacement, change, or repair of non-conforming uses shall be granted.
(Prior Code, § 13.01)