1. Nothing contained herein shall require any change or alteration in a lawfully constructed or established structure, or use in existence at the time of the adoption or amendment of these regulations. These regulations are intended to regulate only the following actions:
A. The erection or establishment of any new structure or use;
B. The moving or relocation of any structure, or use to a new site or new location;
C. The operation or continuance, at any time following the effective date of these regulations, of any structure or use which has been unlawfully established, erected, remodeled, or rehabilitated; and
D. The change from 1 use to another of any structure, or land, or the re- establishment of a use after its discontinuance for a period of 180 consecutive days or more.
2. Except for agricultural uses, including structures not more than 20 feet in height and not intended for human occupancy, a Development Permit shall be required for all development in AD I and AD II.
A. DEVELOPMENT PERMIT FINDINGS
A Development Permit shall be approved only when specific findings are made which indicate that the proposed use complies with the following regulations in addition to those outlined elsewhere in this Development Code:
1) All uses shall be compatible with the continued operation of the airport.
No uses shall be allowed which:
a. release into the air any substances which would impair visibility or otherwise interfere with the operation of aircraft;
b. produce light emissions, either direct or indirect (reflective), which would interfere with pilot vision;
c. produce emissions which would interfere with aircraft communication systems or navigational equipment; and
d. attract birds or water fowl in such numbers as would create a hazard to aircraft operations.
2) No development intended for human occupancy, whether on a temporary or permanent basis, shall be allowed in AD I and AD II.
3) No uses shall cause or produce objectionable effects which would impose a hazard or nuisance to adjacent or other properties by reason of smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, toxic fumes or other conditions that would affect adversely the public health, safety and general welfare.
4) No uses which require the use or storage of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall be permitted.
5) No uses which are labor intensive or promote the concentration of people for extended periods of time shall be permitted, except as expressly authorized in this section.
6) No structure or any portion thereof on the premises of a permitted use shall be used for a residential dwelling by the owner, operator, or caretaker, their family members or others.
7) A Noise Level Reduction (NLR) of not less than 30 decibels from exterior to interior shall be incorporated into the design and construction of those portions of structures where the public is regularly received and into office areas.
B. PROCEDURES
The provisions of Section 19.44 (Development Permit) shall apply.
C. DECISION OF DEPARTMENT
1) The decision of the Department shall be based on findings of fact that the purpose of this section has been preserved.
2) The decision of the Department may include reasonable requirements deemed necessary to promote the purpose of this section. Said requirements may include, but are not limited to, the following:
a. yards and open spaces;
b. fences and walls, or other screening;
c. surfacing of parking spaces and specifications thereof;
d. street improvements, including provision of service roads or alleys when practical and necessary;
e. regulation of points of vehicular ingress and egress;
f. regulation of signs;
g. landscaping and maintenance thereof;
h. maintenance of grounds;
i. control of noise, vibration, odor, and other potentially dangerous or objectionable elements;
j. lot size;
k. height restrictions;
l. restrictions in accessory structures;
m. time limits which may be imposed for the commencement of construction, and/or review and further action by the Department and/or a time limit within which the Development Permit shall cease to exist.