§ 3.3.6. Nonconforming uses.

(A)

Regulations not retroactive. The regulations prescribed by this ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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 of this ordinance, and which is diligently prosecuted.

(B)

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming 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 airport management to indicate to 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 airport affected.

(C)

Notwithstanding any preceding provision of this section, if, by a determination of the Federal Aviation Administration (FAA), the encroachment of any tree into regulated airspace is such that providing markers and lights is insufficient to protect the life and property of the flying public, the county planning commission shall institute steps to have such trees topped at the expense of the airport affected, if requested in writing by the governing authority of the airport. If unsuccessful in obtaining the cooperation of the parties involved, the planning commission shall petition the county council to institute the appropriate legal action, possibly including condemnation, to insure the safety of the flying public in airspace regulated by this ordinance.

(Ord. No. 91-18, § 2, 11-4-91)