(A) Future uses.
(1) No material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created, unless a permit therefor shall have been applied for and granted as required by this chapter.
(2) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of runway except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.
(3) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation that it was on the effective date of this chapter or any amendments thereto or greater than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(C) Nonconforming uses abandoned or destroyed. Whenever the Zoning Enforcement Officer determines that a nonconforming tree or structure has been abandoned or more than 50% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(D) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this chapter, may apply to the Board of Adjustment for a variance from the regulations. The variance shall be allowed when unnecessary hardship would result from carrying out the strict letter of the zoning ordinance, upon a showing that the statutory standards for granting variances, contained in G.S. 160D-705(d), as the same may be amended, are satisfied.
(E) Hazard 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 permit the airport authority, at the owner’s expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(Ord. No. 04-45, passed 5-13-2004; Ord. No. 21-032, § 1, passed 6-21-2021)