(A) Future uses. Except as specifically provided in division (D) below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted.
(B) Application. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the regulating use, structure, or tree would conform to the regulations herein prescribed. Each application shall be accompanied by an application fee as established by resolution of the Town Council. Each application shall also include the following information:
(1) Property boundary lines as they relate to the zone boundaries shown on the Off Airport Land Use Map;
(2) Location, elevation, use and height of all existing and proposed buildings, structures, utility lines, roads or trees where trees are taller than 35 feet;
(3) Maximum elevations of proposed structures. Elevations shall be based upon the survey of an Arizona registered professional engineer or licensed land surveyor, accurate to plus or minus 1 foot shown as mean sea level elevation;
(4) An FAA Form 7460-1, Notice of Proposed Construction or Alteration.
(C) No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with division (H) below.
(D) In the area lying within the limits of the approach zone, transition zone, horizontal zone, and conical zone, no permit shall be required by this chapter for any tree or structure less than 200 feet above ground level which is also lower than an imaginary surface extending outward and upward at a slope of 100 feet horizontal for each 1 foot vertical beginning at the closest point of the closest runway.
(E) Nothing contained in any of the foregoing exceptions 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 chapter.
(F) Existing uses. No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(G) Nonconforming uses abandoned or destroyed. Whenever the Town of Colorado City determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(H) Variances. 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 to the Hearing Officer for a variance from such regulations by following the appeal and variance process in Town Code Chapter 153. The application for variance shall be accompanied by a determination from, the Federal Aviation Administration as to the effect of a proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 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 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 appeal and variance procedure outlined in Town Code Chapter 153.
(I) Additionally, no application for variance to the requirements of this chapter may be considered by the Hearing Officer unless a copy of the application has been furnished to the Town of Colorado City for advice as to the aeronautical effects of the variance. If the Town of Colorado City does not respond to the application within 15 days after receipt, the Hearing Officer may act on its own to grant or deny said application.
(J) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter 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 condition may require in accordance with FAA provisions.
(Ord. 2009-01, passed 4-13-2009; Am. Ord. 2017-03, passed 11-13-2017; Am. Ord. 2020-01, passed 4-13-2020)