18.38.080 Nonconforming structures, trees, and uses.
A. Applicability. This section describes the circumstances in which a structure, tree, or use is considered nonconforming and when nonconforming provisions apply. Any structure or tree that legally existed prior to the regulations as of March 22, 1969, is considered nonconforming. Any use in ACC 18.38.030 that legally existed prior to the effective date of the ordinance codified in this chapter is considered nonconforming. Any use in ACC 18.38.060 that legally existed prior to the effective date of the ordinance codified in this chapter is not considered nonconforming. Nonconforming structures, trees, and uses are generally exempt from this chapter except as may be compelled by state or federal regulations or if it loses its nonconforming status pursuant to the regulations contained in this section.
B. Marking and Lighting. Notwithstanding the provisions of ACC 18.38.070(A), the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as are deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and lights shall meet FAA specifications, be installed at city cost, and operated and maintained by the city. A public maintenance easement agreement granting city access shall be required.
C. Alteration. Alteration of nonconforming structures, trees, and uses are subject to the following regulations:
1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or relocated in accordance with the provisions of ACC 18.54.060. A nonconforming structure that is restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor’s tax roll, relocated, enlarged, or added onto must conform to ACC 18.38.070.
2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC.
3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC 18.56.030(J), must conform to ACC 18.38.070.
4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform to ACC 18.38.070.
5. Notwithstanding the provisions of subsections (C)(1) through (C)(4) of this section, no permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation.
D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC 18.54.070. Any tree that is diseased, decayed, dead, or dying must be removed, and if required, replaced with a tree that conforms to ACC 18.38.070. (Ord. 6838 § 1 (Exh. A), 2021.)