(A) Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor has been applied for and granted.
(1) A permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when the tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.
(2) Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations prescribed in this chapter. If the determination is in the affirmative, the permit shall be granted.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on 10-5-81; on the effective date of any amendments to this chapter; or than it is when the application for a permit is made. Except as indicated, all applications for a permit shall be granted.
(C) Nonconforming uses abandoned or destroyed. Whenever the Board of Aviation Commissioners determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(`81 Code, § 157.08) (Ord. 1744, passed 10-5-81)
Cross-reference:
Hazard marking as condition for granting of permit, see § 157.10