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OR BK 7714 PG 851 7 of 19 SECTION 9. NONCONFORMING USES. (a) Regulations not retroactive. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of January 1, 2008, or otherwise interfere with the continuance of any nonconforming use, except as provided in Section 5. Nothing contained in this Ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to January 1, 2008, and has not been abandoned. (b) Marking and lighting. Notwithstanding the provision of subsection (a) of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereof of such markers and lights as shall be deemed necessary by the City of Zephyrhills to indicate to the operators of aircraft in the vicinity of the airport the presence of airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the property owner. SECTION 10. ENFORCEMENT OF ORDINANCE. (a) It shall be the duty of the City of Zephyrhills Building Department in conjunction with the airport manager or designee to administer and enforce the regulations prescribed in this Ordinance. Applications for clearance determinations, permits and variances shall be required to be made to the Building Department upon a form furnished by it. Applications required by this Ordinance to be submitted to the Building Department shall be promptly considered and granted or denied. Applications for action by the Zephyrhills City Council shall be forthwith transmitted by the planning department. SECTION 11. BOARD OF ADJUSTMENT. (a) The board of adjustment established under Ordinance 278 shall have and exercise the following powers: (1) To hear and decide appeals from any order, requirement, decision or determination made by the Building Department or the airport director or designee in the enforcement of this Ordinance; (2) To hear and decide specific variances. (b) The board of adjustment shall consist of the members of the board of adjustment appointed in accordance with the terms of Ordinance 278. (c) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or to otherwise use his or her property in violation of the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance from such regulations. Such variances may only be allowed where it is duly found that a literal application or enforcement of this Ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. In determining whether to issue or deny a variance,the Board of Adjustment shall consider: (1) The nature of the terrain and height of existing structures. (2) Public and private interests and investments. (3) The character of flying operations and planned developments of airports. (4) Federal airways as designated by the Federal Aviation Administration. (5) Whether the construction of the proposed structure would cause an increase in the minimum descent altitude or the descent height at the affected airport. 7