(A) Future uses. Except as specifically provided in divisions (A)(1) and (A)(2) below, no material change shall made in the use of the land and no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted by the Zoning Administrator, hereinafter provided for. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. There shall be no fee provided for an application for a permit.
(1) However, no permit for a tree or structure of less than 75 feet of vertical height above the ground shall be required in the Horizontal and Conical Zones; nor shall any permit be required in any Approach and Transitional Zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of the terrain, land contour or topographic features, would extend the height limit prescribed for the respective zone.
(2) Nothing contained in division (A)(1) above shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by this chapter as set forth in § 156.20 of this chapter and the land use limitations set forth in § 156.21 of this chapter.
(B) Existing uses. Before any existing use or structure may be replaced, substantially altered or repaired or rebuilt within any zone established herein, a permit must be secured authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(C) Non-conforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a non-conforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether application is made for a permit under division (C) or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed non-conforming structure, at his or her own expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this chapter. In the event the owner of the non-conforming structure shall neglect or refuse to comply with such order for ten days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed non-conforming structure lowered, removed, reconstructed or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless such an assessment is paid within ninety days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(Ord. 1257, passed 5-15-2001)