(a) Permit required. The owner of any property located within the development zone or the airport height control area shall obtain a permit issued by the director before:
(1) A nonconforming structure may be replaced, rebuilt, substantially changed or substantially repaired;
(2) A nonconforming object of natural growth may be replaced, substantially changed, allowed to grow higher or replanted;
(3) A new structure is constructed; or
(4) An existing structure is substantially repaired or substantially changed.
(b) Issuance of permits. Except as prohibited by subsection (c) below, the director shall issue a permit if the owner files an application certifying the use to which the property will be put (which certified use must be permitted by this division) and including reasonable written evidence that the height of all structures and objects of natural growth are in compliance with this division. The permits required by this section are in addition to, and not in lieu of, any other permits required by the city or by any other city located within the airport height control area or development zone. The director shall act upon each permit application within 15 calendar days from the filing date thereof. If a permit application has not been disapproved by the director in writing within such 15-day period, the permit application shall be deemed to have been approved by the director. A certificate showing the filing date of a permit application and the failure to disapprove same within the period herein required shall on demand be immediately issued by the director, and such certificate shall be sufficient in lieu of any other evidence of permit application approval otherwise provided by the director. The director shall not impose any charge or fee for obtaining a permit applicable to property located within the corporate limits of another city or town without the prior consent of such city or town.
(c) No permits allowed for certain uses. The director shall have no power or authority to issue a permit that allows:
(1) The creation or establishment of an airport hazard;
(2) Any use prohibited by this division;
(3) A nonconforming structure or nonconforming object of natural growth to become higher than it was as of the effective date hereof or at the time of the application for the permit; or
(4) A nonconforming structure or nonconforming object of natural growth to become a greater hazard to air navigation that it was as of the effective date hereof or at the time of the application for the permit.
(Ord. 10121, § 2, passed 6-2-1988)