A. Permit Required:
1. Future Uses:
a. Any material change in the use of the land.
b. The construction of any structure.
c. The planting of trees.
2. Application For Permit; Determination: Each application for permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for use inconsistent with the provisions of these airport zoning overlay district regulations shall be granted unless a variance of these airport zoning overlay district regulations has been approved.
3. Exceptions:
a. No permit shall be required within:
(1) The area lying within the limits of the horizontal zone and conical zone for any structure or tree less than seventy five feet (75') of the vertical height above the ground, except when, because of terrain, land contour, or topographical features, such structure or tree would extend above the height limits prescribed for such zones;
(2) Areas lying within the limits of the approach zones, but at a horizontal distance of no less than four thousand two hundred feet (4,200') from each end of the runway. That is, no permit shall be required for any structure or tree less than seventy five feet (75') of vertical height above the ground, except when such structures or tree would extend above the height limit prescribed for such approach zones; and
(3) Areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone. That is, no permit shall be required for any structure or tree less than seventy five feet (75') of vertical height above the ground, except when such structure or tree, because of terrain, land contour, or topographical features, would extend above the height limit prescribed for such transition zones.
b. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree in excess of any of the height limits established by these airport zoning overlay district regulations.
B. Permits For Certain Improvements:
1. Existing Uses: A permit would automatically be denied for the enlargement of any obstruction, nonconforming land use, nonconforming structure use, nonconforming structure, tree, or anything that would become a greater hazard to air navigation than it was on the effective date hereof.
2. Permits Required: In order to assure safety, health and welfare of all concerned, permits are required for the following: removal of nonconforming uses and structures, abandoned structures, or dilapidated structures in order to administer the proper application in consonance with the airport zoning overlay district regulations.
C. Variances:
1. Any person desiring to erect or increase the height of any structure, or allow the growth of any tree, or use property, not in accordance with the regulations prescribed in these airport zoning overlay district regulations, may apply to the board of adjustment for a variance from such regulations.
2. The application for a 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 and efficient use of navigable airspace.
3. Such 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 these airport zoning overlay district regulations.
4. Additionally, no application for variance to the requirements of these airport zoning overlay district regulations may be considered by the board of adjustment unless a copy of the application has been furnished to the Kingfisher planning and zoning commission for advice as to the aeronautical effect of the variance. If the planning and zoning commission does not respond to the application within forty five (45) days after receipt, the board of adjustment may act on its own to grant or deny said application. (2013 Code)