With the concurrence of a majority vote, the airport zoning board of adjustment (the board) may, based upon a written determination from the FAA, reverse any order, requirement, decision or determination of any administrative official and may modify the provisions of this chapter in favor of an applicant, providing:
A. Any height or use limitations contained in this chapter that is modified by the board shall not result in a hazard to any aircraft in flight.
B. No use of land shall be permitted that would not be compatible with airport operations.
C. Any application for a special exception to the provisions of this chapter shall include as a part thereof, the written determination of the FAA pertaining to the application, and no application shall be set for hearing by the board in the absence of such FAA determination. (Ord. 02-4055, 12-10-2002)