(A) Future uses.
(1) Except as specifically provided hereunder, no new structure shall be erected or otherwise established and no tree shall be permitted to grow in any zone created in excess of the excepted height limitation allowed in § 153.088(E), and no material change shall be made in the use of land that would create a hazardous condition as described in § 153.089 unless a permit therefore shall have been applied for and granted by the administrative agency.
(2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to allow it to be determined whether the resulting structure, tree or use would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit allowing inconsistency with the provisions of this subchapter shall be granted unless a variance has been applied for and granted in accordance with division (D) of this section.
(3) In the areas lying with the approach surfaces but at a horizontal distance of not less than 4,200 feet beyond each end of the runway or within the limits of the horizontal zone or conical zone, no permit shall be required for any structure or tree less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such structure or tree would extend above the height limits prescribed for such zones.
(4) Nothing contained in the foregoing exception shall be construed as permitting or intending to permit the construction or alteration of any structure or the growth of any tree in excess of the height limits established by this subchapter, except as set forth in § 153.088(E).
(B) Existing uses. No permit shall be granted that would allow a nonconforming structure, tree or use to be made or become higher or become a greater hazard to air navigation that it was on the effective date of this subchapter.
(C) Nonconforming uses abandoned or destroyed. Whenever the administrative agency determines that a nonconforming structure or tree has been removed, torn down or physically deteriorated or decayed, the owner of such structure or tree must apply for and receive a permit to rebuild or repair such structure or replace such tree, and the permit shall be granted. However, no permit shall be granted which would allow such structure or tree to exceed its original height or otherwise deviate from the zoning regulations.
(D) Variances. Any person desiring to erect, establish or increase the height of any structure, permit the growth of any tree or use his or her property in violation of the regulations prescribed in this subchapter must apply to the Board of Adjustment for a variance from such regulations in question. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of the airport and other air navigation facilities within the zoned areas and the safe, efficient use of navigable airspace. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this subchapter. If an airport advisory board exists for the City of Mount Pleasant, Texas, no application for variance to the requirements of this subchapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to that airport advisory board for advice as to the aeronautical effects of the requested variance. If an airport advisory board does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
(E) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable by the administrative agency or the Board of Adjustment, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain such markings and lights as may be necessary and recommended by the Federal Aviation Administration. Such marking and lighting shall be installed, operated and maintained at the expense of the owner of such structure or tree or, if deemed proper by the Board of Adjustment, this condition may be modified by the Board of Adjustment to require the city, to install, operate and maintain, at its own expense, such markings and lights.
(Ord. 2000-18, passed 9-18-00)