§ 8. Nonconforming uses and obstructions.

The regulations prescribed in this article shall not be construed to require the removal, lowering or other change or alteration of any obstruction or use not conforming to the regulations when adopted or amended; or otherwise interfere with the continuance of any nonconforming use which has not been abandoned as provided below.

A.

Abandonment . If a nonconforming use has been abandoned or is more than eighty (80) percent demolished, destroyed, deteriorated, or decayed, as determined by the local building official or a certified engineer's estimate, the owner of an abandoned or deteriorated nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for thirty (30) days after such notice, the county may proceed to have the obstruction so lowered, removed, reconstructed, altered, or equipped, and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is, or was, located.

B.

Acquisition of air rights. If a nonconforming use or obstruction is determined to be an airport hazard and the owner will not remove, lower, or otherwise eliminate it, the necessary approach protection may be provided by acquisition of property rights rather than by airport zoning regulations. The board of county commissioners, pursuant to a recommendation from the county airport manager, may purchase the property in fee simple, or acquire an avigation easement. The county shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility that is required to be moved to a new location.

(Ord. No. 2018-14, § 1, 8-28-18)