A. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this chapter, may apply for a variance from such regulations, the procedure for variances as set forth generally in this title.
B. However, a tree or structure of less than forty five feet (45') of vertical height above the ground is permitted in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet (4,200') from each end of the runway, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.
C. Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstance, be so conditioned as to require the owner of the structure or tree in question to permit the county, at the owner's expense, to install, operate and maintain thereon such markers and lights as may be deemed necessary by the Bonner County airport commission or other appropriate agencies as necessary to indicate to pilots the presence of an "airport hazard", as defined in section 12-801 of this title.
D. Variance applications required by this chapter are to be submitted by applicant to the Bonner County planning department for review by the:
1. Bonner County airport commission for its review and recommendation;
2. Federal aviation administration; and
3. Other appropriate agencies as necessary. (Ord. 501, 11-18-2008)