(A) Future uses. Except as specifically provided in this division (A), no material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit therefor shall have been issued by the Airport Zoning Compliance Administrator. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If that determination is in the affirmative, a certificate of compliance shall be issued.
(1) 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 the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend the height or land use limit prescribed for the respective zone.
(2) Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by this chapter as set forth in § 151.16 of this chapter and the land use limitations set forth in § 151.31 of this chapter.
(B) Existing uses. Before any existing use or structure may be replaced, substantially altered or repaired, or rebuilt, within any zone established herein, a permit must be secured authorizing that replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming 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 was when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(2004 Code, § 151.46) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)