§ 424. Nonconforming uses.

(a)

Regulations not retroactive. The regulations in this division shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of this division, or otherwise interfere with the continuance of nonconforming use. nothing contained herein 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 division.

(b)

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing 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 Federal Aviation Administration (FAA), Georgia Department of Transportation, or airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Unless otherwise specifically provided, such markers and lights shall be installed, operated, and maintained at the expense of the Jackson County Airport Authority.

(c)

Expansion of nonconforming use. No permit required by this division shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this division or any amendments thereto or than it is when the application for a permit is made.

(d)

Abandonment. Whenever the public development director determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the requirements of this division.

(Ord. No. 17-003 , § 1, 10-2-2017)