Notwithstanding any other provision of this division, no use may be made of land or water nor installation placed on land or water within the airport hazard area that will create interference with radio communication between the airport and aircraft; or that will create interference with any air navigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device; or that will result in glare in the eyes of flyers using the airport; or that will impair visibility in the vicinity of the airport, attract birds or that will otherwise endanger the landing, taking off or maneuvering of aircraft operating through the facilities of the airport. No other airport or landing field shall be constructed within the airport hazard area; nor shall any area of land or water within the airport hazard area be used for landing and taking off of aircraft, except under specific Federal Aviation Administration approval unless the same has been issued a valid nonconforming use permit. Structures, trees, installations or land uses lawfully existing prior to the effective date of this division which do not conform to the requirements of this division shall be considered as legal nonconforming uses. This division shall not be construed to require the removal, lowering, change or alteration of any legal nonconforming use, structure, tree or installation. A permit shall be required for a legal nonconforming use and shall be issued on application of the owner or agent accompanied by affidavit that the use, structure, tree or installation was in existence on the effective date of this division. Applications for permits for nonconforming uses shall be made within 180 days from the effective date of this division.
(Ord. 101, § VI, passed 7-22-1974)