(A) Future uses. Except as specifically provided in subsections (1, (2), and (3), no material change shall be made to a structure, and no structure shall be erected or otherwise established in any zone hereby created unless an airport impact permit therefore shall have been applied for and granted. Each application for an airport impact permit shall indicate the purpose for which the permit is desired, with sufficient information to determine whether the resulting use or structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a structure inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with division (D).
(1) In the area lying within the limits of the horizontal zone and conical zone, no airport impact permit shall be required for any structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features the structure would extend above the height limits prescribed for such zones.
(2) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any structure less than 75 feet of vertical height above the ground, except when the structure would extend above the height limit prescribed for such approach zones.
(3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any structure less than 75 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure in excess of any of the height limits established by this chapter except as set forth in § 158.04.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for a permit shall be granted.
(C) Plans review. The County Planning and Zoning Office, acting in the capacity of evaluating applications for building permits, will review all building permit applications to determine compatibility with this chapter. If the County Planning and Zoning Office determines that an airport impact permit is required for any new or existing structure, the office will forward the plans for the permit to the Airport Ordinance Administrator for his/her review and approval, prior to issuing a county building permit.
(D) Application requirements. In the area lying within the limits of the horizontal zone and conical zone, any application for an airport impact permit for any structure greater than 75 feet of vertical height above the ground shall be accompanied with a certified site location plan prepared by a registered engineer or surveyor. The site plan shall certify the location of all new buildings and structures and must also certify the ground level elevation of the site as well as the height of the structure.
(E) Nonconforming uses, abandoned or destroyed. Whenever the Airport Appeals Board determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(F) Variances. Any person desiring to erect or increase the height of any structure not in accordance with the regulations prescribed in this chapter, may apply to the Airport Appeals Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration and the Airport Advisory Commission as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Airport Appeals Board unless a copy of the application has been furnished to the Airport Advisory Commission and the Maryland Aviation Administration for advice as to the aeronautical effects of the variance. If the Airport Advisory Commission does not respond to the application within 30 days after receipt, the Airport Appeals Board may act on its own to grant or deny the application.
(G) Obstruction marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary per Federal Aviation Administration AC 70-7460/1 K.
(Ord. —, passed 1-31-2006) Penalty, see § 158.99