Lawful nonconforming uses

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  1. (a) In order to eliminate or mitigate existing hazards to landing and taking off at airports of the public utility class, to improve and make safer such airports, and to permit public use of the obstructed air space needed for such use, all cities granted the power to promulgate, administer, and enforce airport zoning regulations, by § 14-363-204, are given the power to acquire, by purchase, grant, or condemnation, such estate or interest in any structure or object of natural growth, existing at the time of adoption of zoning regulations pursuant to this subchapter, which does not conform to the height limitations of the regulations and for which a permit has been granted in accordance with § 14-363-206(a), as is necessary to permit lowering or removal of the structure or object of natural growth to the extent necessary to conform to the height limits.

  2. (b) In cases of imminent danger to the health, safety, and general welfare of the public, the city shall have the power to take immediate steps as are necessary to remove the danger. A hearing shall thereafter be held to determine what compensation, if any, should be made to the owner of the structure or object of natural growth causing the danger.


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