A. Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard, or that would allow a nonconforming use, structure, or tree(s) to be made higher or to become higher, or become a greater hazard to aerial navigation, than it was on January 1, 2016.
B. Future Uses:
1. Except as specifically provided in this subsection, no material change shall be made in the use of land and no structure or tree(s) shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit for such tree(s) or structure has been applied for and granted. Each application for such permit shall indicate the purpose for which the structure or tree(s) is desired, with sufficient particularity to allow determination as to whether the resulting use, structure or tree(s) would conform to the regulations contained in this chapter. If such determination indicates conformity with this chapter, the permit shall be granted.
2. Permit application shall be made via the Jefferson County Planning and Zoning Office with consultation of the City of Rigby Planning and Zoning Office. The City of Rigby Airport Board will be given the chance to give input or recommendation regarding permit application.
3. In the area lying within the limits of the Horizontal Zone and the Conical Zone, airport concurrence is not required for any tree or structure whose highest point is less than seventy five feet (75') in vertical height above airport elevation, unless any point of such structure would extend above the height limits prescribed for such zone.
4. In the area lying within the limits of the Transition Zone beyond the perimeter of the Horizontal Zone, airport concurrence is not required for any tree or structure whose highest point is less than seventy five feet (75') of vertical height above airport elevation, unless any point of such structure would extend above the height limits prescribed for such zone.
5. No part of this subsection shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree(s) in excess of any of the height limits established in this chapter except as set forth in section 7-7-5 of this chapter.
C. Nonconforming Uses Abandoned Or Destroyed:
1. Whenever the Jefferson County Planning and Zoning Commission determines, and with notification to the City of Rigby Airport Board that a nonconforming structure(s) or tree(s) has been abandoned or more than eighty percent (80%) torn down, deteriorated or decayed, no permit shall be granted that would allow such structure(s) or tree(s) to exceed the applicable height limits or otherwise deviate from this chapter.
2. Variances permissible under this subsection may allow where literal application or enforcement of this chapter would result in practical difficulty or unnecessary hardship, and where the relief granted by variance will not be contrary to the public interest, or will not create undue hazard to aerial navigation.
3. Variances may be allowed subject to such reasonable conditions as the Jefferson County Planning and Zoning Commission and the City of Rigby Airport Board may deem necessary to affect the intent of this chapter, including, but not limited to, the condition that the owner of such structure(s) or tree(s) install, operate and maintain at owners expense such markers and lights as may be necessary to indicate to aviators the presence of a flight hazard. (Ord. 2017-590, 4-6-2017)