§ 7-29. Abandoned or deteriorated nonconforming use.

(a)

Declaration of abandoned or deteriorated nonconforming use. In the event the airport zoning director determines a nonconforming use is abandoned or more than eighty (80) percent torn down, destroyed, deteriorated, or decayed, no permit will be issued that would allow such nonconforming use to exceed the applicable height limit or otherwise deviate from these regulations; and regardless of whether an application is made for a permit under these regulations , the airport zoning director may petition the airport board of adjustment, upon due notice to the owner of the nonconforming use or the owner of the real property on which it is located, to compel the owner to lower, remove, reconstruct, equip, or otherwise alter the abandoned, destroyed, deteriorated, or decayed nonconforming use as may be necessary to conform to these regulations. Upon receipt of such petition, the airport board of adjustment will conduct a public hearing pursuant to these regulations after due notice to the owner. If, after a public hearing, the airport board of adjustment determines the nonconforming use to be abandoned, or more than eighty (80) percent torn down, destroyed, deteriorated, or decayed, the airport board of adjustment may compel the owner, at the owner's own expense to lower, remove, reconstruct, equip, or otherwise alter the nonconforming use as may be necessary to conform to these regulations.

(b)

Failure to remove abandoned or deteriorated nonconforming use. If the owner neglects or refuses to comply with such order within thirty (30) calendar days after notice thereof, the county may proceed to lower, remove, reconstruct, equip, or otherwise alter the structure or use and assess the cost and expense thereof on the structure or the real property whereon it is or was located.

(Ord. No. 2018-20 , § 1, 9-18-18)