§ 3-231 USE RESTRICTIONS.

   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)

§ 3-232 PERMITS REQUIRED.

   Before any new structure or use which could be defined as an airport hazard under this division may be constructed or established and before any such existing use or structure may be increased in height or otherwise altered, a permit to do so must be secured by the owner involved or his or her agent. All permit applications shall be made to the administrative agency having jurisdiction, or their designated representatives under § 3-236. If any administrative agency issues a permit erroneously allowing the beginning of erection of any structure or tree, such permit shall not constitute a variance or be construed in any manner to allow any person to penetrate the imaginary surfaces established. It will remain incumbent on the sponsor, builder, property owner or their agents, as the case may be, to prevent the creation of any object or use that will cause an airport hazard within the meaning of this division.

(Ord. 101, § VIII, passed 7-22-1974)

§ 3-233 DIVISION NOT RELIEVE OWNER, ETC., OF DUTY TO GIVE NOTICE TO FAA.

   Nothing in this division shall be construed as relieving any owner, sponsor, agent or user from the requirement for filing a notice of proposed construction, alteration or use with the appropriate Federal Aviation Administration authority.

(Ord. 101, § IX, passed 7-22-1974)

§ 3-234 VARIANCES.

   Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or otherwise use his or her property in violation of this division may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this division; provided that any variances allowed shall be subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this division.

(Ord. 101, § X, passed 7-22-1974)

§ 3-235 HAZARD MARKING AND LIGHTING.

   Any permit granted under this division may, if such action is deemed advisable to effectuate the purposes of this division and reasonable in the circumstances, be so conditioned as to require the owner of the structure, tree or installation in question to permit the proper authority to install, operate and maintain thereon such markers and lights as the board may find necessary to indicate the presence of the airport hazard.

(Ord. 101, § XI, passed 7-22-1974)

§ 3-236 ADMINISTRATIVE AGENCIES.

   (a)   The administration and enforcement of the provisions of this division and all regulations adopted by the joint airport zoning board are vested in the governing bodies of each of the political subdivisions represented on the board which have respectively adopted by ordinance such provisions and regulations.

   (b)   Each such political subdivision shall:

      (1)   Establish its own administrative and enforcement agency;

      (2)   Designate another political subdivision to administer and enforce these regulations in its behalf; or

      (3)   Request the joint airport zoning board to designate an agency to act in this capacity in its behalf.

(Ord. 101, § XII, passed 7-22-1974)