§ 33-350. Airport height zoning: nonconforming uses abandoned or destroyed.

Whenever the appropriate building, zoning, or other County or municipal official determines that the height limits of this article will be violated by the reconstruction, substitution or replacement of an existing legal nonconforming use, structure or tree, no permit shall be granted for such reconstruction, substitution or replacement, regardless of whether such nonconforming use could otherwise be reconstructed, substituted, or replaced pursuant to Section 33-35 of this Chapter or pursuant to any otherwise applicable law of the County or any municipality. Notwithstanding any other provision of this Code or otherwise applicable municipal law, an appropriate County or municipal official may require the owner of a nonconforming structure or tree to allow the Miami-Dade Aviation Department, at the owner's expense to lower, remove, or mark, or mark and light, such structure or tree as may be necessary to conform such structure or tree to the height regulations of this article, or to give visual warning of such structures or trees that do not conform to the height regulations of this article. No development permit shall be granted that would allow the establishment or creation of an airport hazard or would permit a nonconforming structure or tree or nonconforming use to be made or become higher or to become a greater hazard to air navigation that it was when this ordinance was adopted or than when the application for permit was made.

(Ord. No. 07-92, § 16, 7-10-07)