1194.11 ADMINISTRATION.

   (a)    Steps to Modify Land. Any parcel of land located within any of the aforementioned "Airport Zoning Districts" is subject to the administration and polices set herein with. Any persons or person seeking to modify in any way the land within the aforementioned zones shall comply with the following steps:

      (1)    Any person or persons who seeks to modify in any way, any parcel of land or the use of any parcel of land, except for owner transfers and or lot line reorganization, must first apply for a zoning certificate from the local zoning jurisdiction. (City of Hamilton, City of Fairfield, Fairfield Township, Liberty Township, West Chester Township, St. Clair Township, Butler County).

      (2)    Concurrent to local zoning certificate application, FAA Form 7460-1 (5- 94) must be submitted to the Ohio Department of Transportation, Office of Aviation, thirty (30) days prior to construction. The application must include two (2) copies of FAA Form 7460- 1 and two (2) copies of a 7.5 minute quadrangle topographic map with "X" marking the proposed modification site. The originals must be sent to the FAA Great Lakes Region.

This shall apply to all construction on property within the airport zoning districts except for property within "Blanket Approval" area determined by the FAA. Towers or facilities which would transmit signals via a device regulated by the FCC or FAA still require specific ODOT and FAA approval regardless of "Blanket Approval" status.

      (3)    Once approval of FAA Form 7460-1 (5-94) is granted, the applicants must apply to the appropriate building departments through the procedures outlined herein.

      (4)    After approval by the local zoning jurisdictions, building permits shall be issued by the Governing Jurisdiction only after approval of FAA Form 7460-1 (5-94).

   (b)    Enforcement by Zoning Inspector. The City of Hamilton, City of Fairfield, and Butler County are hereby designated as the Airport Zoning Inspectors and are authorized to enforce this Chapter in accordance with its terms.

   (c)    Filing Plans. Every application for a Zoning Certificate shall be accompanied by plans in duplicate, drawn to scale, in black line or blueprint, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size, and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; and, when no buildings or structures are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighborhood lots as may be necessary to determine applicable standards and provide for the enforcement of this Chapter. One copy of such plans shall be returned to the owner when such plans have been approved by the Airport Zoning Inspector, together with such Zoning Certificate as may be granted.

   (d)    Zoning Certificate.

      (1)    It shall be unlawful for any owner, lessee, or tenant to begin any excavation, or the construction, reconstruction, extension, conversion, or structural alteration of any building or structure, or any part thereof, without first obtaining a Zoning Certificate from the Airport Zoning Inspectors.

      (2)    The Zoning Inspectors shall act upon an application for a Zoning Certificate within five (5) business days after the application is filed in compliance with this Chapter. The Inspector shall either issue a Zoning Certificate within those five (5) days or shall notify the applicant in writing of his refusal to issue a certificate and the reasons therefor.

   (e)    Power of Zoning Board to Enforce. The Butler County Regional Airport Zoning Board may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this Chapter. The courts shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts of and circumstances of the case, in order fully to effectuate the purposes of the regulations adopted through this Chapter and orders and rulings made pursuant thereto.
(Ord. 169-00. Passed 11-13-00.)