§ 45-3106. Nonconforming uses.

(a)

Regulations not retroactive: Except as provided in section 45-3107(b) of this article, the regulations prescribed by this chapter shall not require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this chapter 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 chapter, and is diligently prosecuted.

(b)

Obstruction marking and lighting: Notwithstanding the provisions of section 45-3107(a) of this article, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

(Ord. No. 5028-97, § 1)

(Ord. No. 5028-97, § 1)