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(A) Issuance of permits. All permits provided for in this section shall be applied for by written application to the Administrator, as defined and provided for in § 156.35. Each application far a permit shall be made on forms provided by the Administrator, and shall indicate the purpose for which the permit is desired, with sufficient particularity to determine whether that purpose conforms to the regulations contained in this chapter. If the Administrator determines that this purpose conforms to the regulations contained in this chapter, he shall grant the permit within 15 days of receipt of a valid application. If the purpose does not so conform, the Administrator shall notify the applicant in writing of the denial of the permit, giving reasons therefor, within 15 days of receipt of the application. Any applicant who has been denied a permit may apply for a variance from the provisions of this chapter, pursuant to § 156.21, or appeal to the Board, pursuant to § 156.038(B).
(B) Future uses. Except as specifically provided in this division (B), no material change shall be made in the use of land, and no structure shall be erected, altered or otherwise established in any zone hereby created, unless a permit shall have been applied for and granted according to procedures outlined in division (A) of this section.
(1) A permit for a tree or structure of less than 75 feet in vertical height above the ground shall not be required in the horizontal and conical zones or in the transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway or in that portion of the approach zones not located within Safety Zone A and Safety Zone B as defined in § 156.17(B). A permit shall be required for a tree or structure in the transitional zone within a horizontal distance of 4,200 feet from each end of the runway, for a tree or structure in Safety Zone A and Safety Zone B, and for a tree or structure which, because of terrain, land contour, or topographic features, would extend the height limit prescribed for the respective zone.
(2) Nothing contained in division (B)(1) of this section shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree in excess of any height limitations established by this chapter as set forth in § 156.16.
(C) Existing uses. Before any existing use or structure may be replaced, substantially altered or repaired or rebuilt in the transitional zones within a horizontal distance of 4,200 feet from each end of the runway or in Safety Zones A and B as defined in § 156.17(B), or in a manner which, because of terrain, land contour, or topographic features, would extend the height limit prescribed for the respective zone, a permit must be secured authorizing such replacement, change, repair, or rebuilding. 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 the effective date of this chapter, or than it is when the application for a permit is made.
(D) Nonconforming uses abandoned or destroyed. Whenever the Administrator determines that a nonconforming structure or tree has been abandoned or more that 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 Zoning Regulations. Whether application is made for a permit under this division (D), division (C) of this section, or not, the Administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at his own expense, to lower, remove, reconstruct, or equip the same in a manner necessary to cause it to conform to the provisions of this chapter. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten days after receipt of written notice of such order, the Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming 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 90 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. passed 9-15-77) Penalty, see § 156.99