(A) Future uses.
(1) Except as specifically provided in this section, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a zoning clearance permit therefore shall have been applied for and granted. Each application for a zoning clearance permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed.
(a) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 feet in height, except when, because of terrain, land contour or topographic features, the tree or structure would extend above the height limits prescribed for the zone.
(b) In the areas lying within the limits of the instrument and non-instrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet in height, except when the tree or structure would extend above the height limit prescribed for the instrument or non-instrument approach zone.
(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree of structure less than 75 feet in height, except when such tree or structure, because of terrain, land-contour or topographic features, would extend above the height limit prescribed for transition zones.
(2) 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, as set forth in § 151.212.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure or tree to be made or become higher or become a greater hazard to air navigation, than it was on the effective date of this chapter or than it is when the application for a permit is made.
(C) Hazard marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Board of Aviation Commissioners, at its own expense, to install, operate and maintain thereon the markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(D) Increase. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any plant life or use his property not in accordance with the regulations prescribed in this section may apply to the Board of Zoning Appeals for a variance in accordance with the procedure set forth in § 151.287, plus the mandatory referral of the applications to the Board of Aviation Commissioners for their recommendation.
(1979 Code, § 151.175) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999