A. Future Uses: Except as specifically provided in subsections A1, A2, and A3 of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created, unless a conditional use permit therefor shall have been applied for and granted. Each application for a 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 a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved.
1. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runway, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
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 this chapter except as approved by conditional use permit.
B. Variance: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the city for a variance from such regulations. The city shall render findings and conclusions regarding the following, in addition to other criteria stated in this code. The application for variance shall be accompanied by a determination from the aviation administration having jurisdiction as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be approved where it is found that: 1) a literal application or enforcement of the regulations will result in unnecessary hardship, and 2) 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 harmonious with the purposes described in this chapter.
C. Obstruction Marking And Lighting: An owner of a structure or tree in an airport zone shall, at the owner's sole expense, install, operate and maintain necessary markings and lights. (Ord. 552, 3-9-2009)