§ 5-56. Nonconforming uses.

(a)

Regulations not retroactive. The regulations prescribed in this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of July 7, 1987, or otherwise interfere with the continuance of a 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 July 7, 1987 and is diligently prosecuted. Irrespective of the provisions of the first two (2) sentences of this subsection (a), nothing contained in this article shall limit the enforcement rights nor actions which might have been taken by appropriate enforcement authorities pursuant to the provisions of any previously existing zoning regulations applicable to the Fort Smith Municipal Airport.

(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 Fort Smith Municipal Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Fort Smith Municipal Airport.

(Code 1976, § 6-37)

State law reference

Nonconforming uses, A.C.A. § 14-363-304.