(A) When permit required. Permits shall be obtained in each of the following instances:
(1) Where it is desired to increase the height of an existing structure to a point which is less than ten feet below the height limit within any zone hereby created; provided, the Zoning Administrator may condition the granting of any permit on marking or lighting being installed as he or she shall direct. The cost and expense of installation, operation and maintenance shall be allocated between the authority and the owner as the circumstances may require;
(2) Where it is desired to increase the height of any structure which already projects upward to a point which is less than ten feet below the height limit within any zone hereby created; provided, that in this instance it is determined by the Zoning Administration that the structure should be marked or lighted in the interest of safe air navigation, the Zoning Administration may make a condition to the granting of any permit so applied for that marking or lighting should be accomplished as it shall direct and the cost and expense of installation, operation and maintenance shall be allocated between the authority and the owner as the circumstances may require; and
(3) Where it is desired to erect a new or additional structure which will project upward to point which is less than ten feet below the height limit within any zone hereby created; provided, that in that instance it is determined by the Zoning Administration that the structure should be marked or lighted in the interest of safe air navigation, the Zoning Administration may make a condition to the granting of any permit so applied for that marking or lighting shall be accomplished as it shall direct, and the cost and expense of installation, operation and maintenance shall be paid by the owner.
(B) How obtained.
(1) Application for the permit shall be made to the Zoning Administration.
(2) Each application shall indicate the purpose for which the permit is desired with sufficient particularity to permit a determination of whether the structure will conform to the regulations herein prescribed.
(C) Exceptions. Where an emergency installation, repair or replacement is required to be made by any public utility company, which would ordinarily require a permit as above set forth, but the interest of the public from the standpoint of health, safety or general welfare does not permit sufficient time to obtain the permit, then in that event the requirement shall not apply, but a report shall be given as set forth in this section.
(D) Reports.
(1) In zones other than horizontal surface zone. Whenever a new structure is erected or the height of an existing structure is increased in any of the zones hereby created except the horizontal surface zone, and the proposed height of the structure does not require a permit as above set forth, a written report shall be given to the Zoning Administration within ten days after the completion of the alteration or erection, setting forth the facts relating thereto with sufficient particularity to permit a determination as to whether the structure conforms to the regulations prescribed herein.
(2) In horizontal surface zone. Whenever a new structure is erected or the height of an existing structure is increased in the horizontal surface zone so as to cause the structure to project more than 40 feet above elevation of airport elevation, and the proposed height of the structure does not require a permit as above set forth, a written report shall be given to the Zoning Administration within ten days after the completion of the alteration or erection, setting forth the facts relating thereto with sufficient particularity to permit a determination as to whether the structure conforms to the regulations prescribed herein.
(E) Nonconforming uses abandoned or destroyed. Whenever the Zoning Administration determines that a nonconforming structure or growth has been abandoned or more than 80% has been torn down, physically deteriorated or decayed:
(1) No permit shall be granted that would allow the structure or growth to exceed the applicable height limit or otherwise deviate from the zoning regulations; and
(2) The Zoning Administration may by appropriate action compel the owner of the nonconforming structure or growth, at his or her own expense, to lower, remove, reconstruct or equip the object as may be necessary to conform to the regulations, or, if the owner of the nonconforming structure or growth shall neglect or refuse to comply with such an order after ten-days’ notice thereof, the Zoning Administration may proceed to have the object so lowered, removed, reconstructed or equipped, and shall obtain a lien upon behalf of Galesburg Municipal Airport upon the land whereon it is or was located, and in the amount of the costs and expense thereof. The lien may be enforced by the authority by suit in equity for the enforcement thereof, as in the case of other liens.
(F) Issuance. Except as provided herein, all applications for permits for replacement, change or repair of nonconforming uses shall be granted.
(G) Variances. Any person desiring to erect or increase the heights of any structure or permit a growth, or use his or her property not in accordance with the regulation prescribed in this subchapter may apply to the Board of Appeals for a variance from the regulations. The variance shall be allowed where it is duly found that 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 and safety, but would do substantial justice and be in accordance with the spirit of this subchapter; provided, that any variance may be allowed subject to any reasonable conditions that the Board of Appeals may deem necessary to effectuate the purposes of this subchapter.
(H) Hazard marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this subchapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or growth to install, operate and maintain thereon any markers and lights as may be necessary in the interest of safe air navigation, as shall be determined by the Zoning Administration, to indicate to flyers the presence of any airport hazard; the cost and expense of installation, operation and maintenance shall be paid by the owner.
(1990 Code, § 5-123) (Ord. 67-924, passed 9-18-1967)
Statutory reference:
Hazard marking and lighting, see ILCS Ch. 620, Act 25, § 25
Permits, see ILCS Ch. 620, Act 25, § 23
Variances, see ILCS Ch. 620, Act 25, § 24