A. Except as otherwise provided herein, no person shall construct or alter any structure in any zone created herein without having first obtained a building permit from the building official or a zoning permit from the Zoning Administrator. No person shall be issued a permit for any construction or alteration without a determination or finding from the FAA. (See subsection 7-3-6B of this chapter.) Such finding or determination shall not find or determine that the proposed construction or alteration:
1. Would create a hazard.
2. Would establish a noncompatible use.
3. Would endanger the general safety, health and welfare of persons in the vicinity of the airport, or occupants of aircraft in flight.
4. Would result in the raising of the minimum instrument flight altitude of any Federal airway, approved off airway route, or instrument approach procedure to the airport.
B. Except as otherwise provided herein, no person shall occupy any structure in any zone created herein without having first obtained an occupancy permit from the building official or Zoning Administrator. No person shall be issued an occupancy permit for any noncompatible use.
C. No person shall establish or maintain any private roadway in any location that would result in penetration of any zone created herein by any portion of any vehicle that shall be permitted to operate upon such roadway.
D. Notwithstanding any other provision of this chapter, no person shall, in any zone created by this chapter, or upon any land or water underlying such zones:
1. Establish any putrescible waste landfill, or open air composting facility one (1) acre in size, or larger.
2. Create, alter, or maintain any structure or use that would create a bird strike hazard.
3. Create, alter, or maintain any structure or use in such a manner as to create electrical or radio interference with aviation navigational signals or aircraft communications.
4. Install, align or use any lighting devices that make it difficult for pilots to distinguish between airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility.
5. Produce steam, smoke, or other visual hazard that would impair visibility.
6. Create, alter, or maintain any structure or use that would endanger or interfere with landing, takeoff or maneuvering of any aircraft.
7. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can be expected to grow into any zone created herein. (Ord. 09-01, 1-6-2009)