(A) Future uses. No structure shall be erected, enlarged or established in excess of the applicable height limitation set forth in § 158.053(I) in any zone created under this subchapter, unless a height permit has been applied for and granted by the Department. Each application for a height permit shall indicate the purpose for which the height permit is desired, with sufficient particularity to allow the Department to determine whether the resulting structure conforms to the regulations herein prescribed. If such determination is in the affirmative, the height permit shall be granted. No height permit shall be granted if the structure's proposed height is inconsistent with the provisions of this subchapter, unless a height variance has been approved in accordance with division (E) below.
(B) Height permits. Applications for height permits required by this section shall be submitted to the Department on forms published for that purpose. The Department shall promptly notify the Board of Aviation Commissioners or its designee of any and all applications for height permits filed under this section for the purpose of obtaining technical advice concerning the aeronautical effects that the proposed structure will have on air traffic and safety. The Board shall have ten days after notification in which to review and comment on the height permit application.
(C) Existing uses. No height permit shall be granted that would allow the establishment or creation of an obstruction or allow a nonconforming use or structure to become a greater hazard to air navigation, than it was on the effective date of this subchapter or any amendment thereto or than it was when the application for a height permit is made.
(D) Nonconforming uses abandoned or destroyed. Whenever a nonconforming structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no height permit shall be granted that would allow such structure to be repaired, rebuilt or reconstructed in a manner which exceeds the applicable height limit, without first obtaining a height variance.
(E) Height variances. Any person desiring to erect or increase the height of any structure, or use property not in accordance with the regulations prescribed in the subchapter, may apply to the Board of Zoning Appeals for a height variance from such regulations. This application is to be made at the Department office. The Department shall promptly notify the Board of Aviation Commissioners or its designee of any and all height variances filed under this section for the purpose of obtaining technical advice concerning the aeronautical effects that the proposed structure will have on air traffic and safety. This notification shall be at least ten days prior to any hearing by the Board of Zoning Appeals. The application for height variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such height 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 section. If the Board of Aviation Commissioners, or its designee, does not respond within a reasonable amount of time prior to the hearing by the Board of Zoning Appeals, the Board of Zoning Appeals may act on its own to grant or deny the height variance application.
(F) Obstruction marking and lighting. Any height permit or height variance granted may, if such action is deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals, this condition may be modified to require the owner to allow the city, at its own expense, to install, operate, and maintain the necessary markings and lights.
(Ord. 50-C-90, passed 2-12-91; Am. Ord. 18-C-14, passed 7-29-14)