Sec. 27-267.  Nonconforming structures - Generally - Airport Overlay.


Within the airport hazard area, no nonconforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character, or tree may hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow to a height which does not constitute a greater hazard to air navigation than that which existed prior to June 29, 1959 which is the effective date of this division of the Code.  In the event a nonconforming structure or object of natural growth has been abandoned for a period of twelve (12) months or more, it may be reconstructed only at a height complying with the provisions of this division or pursuant to the terms of any conditional use permit granted as authorized by the Chapter.  For nonconforming structures other than electric facilities, no permit under this section shall be required for repairs necessitated by fire, explosion, act of God, or the common enemy or for repairs which do not involve expenditures exceeding more than sixty (60%) percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its preexisting height.  Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the zone regulated.  


Source:  Ord. No. 4603, 1, 9-16-02; Ord. No. 4625, 1, 1-6-03; Ord. No. 5449, 1, 2-6-17;