(A) Permits.
(1) Any person who desires to replace, rebuild, substantially change, or repair a nonconforming structure or replace or replant a nonconforming tree must apply for and receive a permit, and the permit shall be granted upon affirmative demonstration by the applicant that the proposed construction, repair, or tree conforms to the requirements of this subchapter. However, no permit shall be granted which would allow the establishment of an airport hazard or allow a nonconforming structure or tree to exceed its original height or become a greater hazard to air navigation than it was at the time of the adoption of these regulations, except as provided for in § 90.086(D) below. Applications for permit shall be applied to and issued by the City Manager or designee.
(a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(b) In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
(2) Nothing contained in any of the foregoing exceptions set forth in divisions (a) through (c) above shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this subchapter except as set forth in § 90.083(E) above.
(B) Existing structures. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming structure or tree to become a greater hazard to air navigation, than it was on the effective date of this subchapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(C) Nonconforming structure abandoned or destroyed. Whenever the City Manager determines that a nonconforming tree has physically deteriorated, or decayed, or a structure has been abandoned or more than 50% torn down or damaged, no permit shall be granted that would allow such structure or tree to be rebuilt in such a way that it exceeds the applicable height limit or otherwise deviates from the regulations of this subchapter.
(D) Variances.
(1) Any person desiring to erect, substantially change, or increase the height of any structure, or permit the growth of any tree so as to exceed the height limitations set forth in this subchapter, or change the use of property in such a way as to create a hazardous condition as described in § 90.084 above, may apply to the Board of Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration under 14 C.F.R. Part 77 as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
(2) Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this subchapter.
(3) Additionally, no application for variance to the requirements of this subchapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the City Manager or designee for advice as to the aeronautical effects of the variance. If the City Manager or designee does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
(E) Requirements and reasonable conditions. Any variance granted may, at the discretion of the Board of Adjustment, impose any reasonable conditions as may be necessary to accomplish the purpose of these regulations.
(F) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the city, at its own expense, to install, operate and maintain the necessary markings and lights.
('68 Code, § 3-100) (Ord. 3-1981-5, passed 2-23-81; Am. Ord. 06-2023-39, passed 6-13-23) Penalty, see § 90.999
Cross-reference:
Special use permits for airports, see § 155.31