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(A) Within the Airport Safety Area, no proposed structure or vegetation that would constitute a hazard to air navigation or create an incompatible activity may be constructed unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with sufficient specificity to determine whether the resulting structure would conform to the regulations prescribed on §§ 93.01 et seq.
(B) No permit shall be granted that would allow the establishment or creation of an obstruction or permit an existing obstruction to become a greater hazard to air navigation than it was on the effective date of §§ 93.01 et seq. or any amendments thereto or than it is when the application for a permit is made.
(C) Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in §§ 93.01 et seq. may apply for relief from the regulations to the County Council or any board or commission authorized by County Council to hear, decide, or otherwise review requests for regulatory relief. The application for relief 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, efficient use of navigable airspace. Relief from §§ 93.01 et seq. shall be allowed where it is found that a strict enforcement of the regulations will result in unnecessary hardship and relief granted will not create a hazard to air navigation. Additionally, no application for relief from the requirements of §§ 93.01 et seq. may be considered by the County Council or designated review body unless a copy of the application has been furnished to the airport owner or operator for advice as to the aeronautical effects of relief. If the airport owner or operator does not respond to the application within 15 days after receipt, the County Council or designated review body may act on its own to grant or deny the application for a relief.
(D) Any permit or relief granted may, if the action is deemed advisable to effectuate the purpose of §§ 93.01 et seq. and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner’s expense, the markings and lights as may be deemed necessary by the Federal Aviation Administration, the South Carolina Department of Commerce/Division of Aeronautics, or the county. If deemed proper by the County Council or designated review body, this condition may be modified to require the owner to permit the airport owner, at his or her own expense, to install, operate, and maintain the necessary markings and lights.
(E) Any person aggrieved by any review decision of the County Council or designated review board may appeal to the circuit court having jurisdiction in the county.
(F) Whenever it is determined by designated enforcement officials that a structure, previously deemed to be a hazard to air navigation, has been abandoned or more than 50% destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable the structure to be rebuilt, reconstructed, or otherwise refurbished so to exceed the applicable height limit or otherwise deviate from the Airport Safety Area regulations contained in §§ 93.01 et seq.
(Ord. 150, passed 12-8-1994) Penalty, see § 93.99