(A) (1) Any person desiring to erect or increase the height of any structure, to permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this subchapter may apply to the Board of County Commissioners for a variance.
(2) Such 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 relief granted would not be contrary to the public interest, but do substantial justice and be in accordance with the spirit of this subchapter; provided, any variance so allowed may be subject to any reasonable conditions that the Board of County Commissioners may deem necessary to effectuate the purposes of this subchapter.
(3) Any variance granted by the Zoning Administrator or Board of County Commissioners, as the case may be, may, if such action is deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, so condition such variance as to require the owner of the structure or tree in question, at his or her own 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.
(B) The requirements established by this subchapter in no way preempt or waive the requirements for notification or review established by other public agencies, such as those established by Federal Aviation Regulations (specifically, the form currently designated as FAA form 7460-1).
(Ord. 19, passed 2-14-2012)