A. Airport Approach Nonconformities and Natural Growth.
(1) Regulations Not Retroactive.
The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any use, structure or tree not conforming to such regulations which nonconformity existed prior to the effective date of this section.
(2) Marking and Lighting.
Regardless of subsection (D)(1), above, the owner of any such nonconforming use, structure or tree is hereby required to install, operate and maintain (at the owner's expense) thereon such markers or lights as shall be necessary to indicate the presence of such nonconformity to the operators of aircraft in the vicinity of the airport.
(3) Enlargement or Expansion.
Regardless of any other provisions of this chapter, no such nonconforming use, structure or tree may be enlarged or expanded in any way which increases the nonconformity with the regulations of this section.
(4) Abandonment, Removal, Condemnation or Destruction.
Regardless of any other provisions of this chapter, no nonconforming part of any nonconforming use, structure or tree which is abandoned, removed, condemned or destroyed shall be replaced unless it conforms with the requirements of this section, except when authorized as a special exception by the Zoning Hearing Board pursuant to
Part 1: ADMINISTRATION, and the following conditions:
(a) That it would not be feasible to use the remainder of the use, structure or tree without replacement of the nonconformity;
(b) That the replacement represents the minimum nonconformity needed to use the remainder of the use, structure or tree; and,
(c) That adequate safeguards will be provided to ensure the safety and welfare of all persons and property potentially affected.
B. Airport Approach Permits.
(1) Scope.
The owner of any proposed use, structure or tree which:
(a) Will be located in either the conical zone or the horizontal zone; and,
(b) Is 75 feet or more in height or is of such character or will be used in such a manner as to cause a reasonable question whether such proposed use, structure or tree will conform with the requirements of this section as determined by the Zoning officer, shall apply for an airport zoning permit.
(2) Application.
Each application for an airport zoning permit shall indicate the purpose for which the permit is desired with sufficient particularity to provide for the determination whether the proposed use, structure or tree will conform with the regulations of this section. No application shall be reviewed unless accompanied by the fee established by Council by resolution.
(3) Issuance.
(a) If the Zoning Officer determines that such proposed use, structure or tree conforms with all of the requirements of this section, he shall issue an airport zoning permit. The Zoning Officer may require the owner of any proposed use, structure or tree to install, operate and maintain (at the owner's expense) thereon such markers or lights necessary to indicate the presence of such proposed use, structure or tree.
(b) The Zoning Officer shall not issue an airport zoning permit for any proposed use, structure or tree which will not conform with all of the regulations of this section.
(c) The decision of the Zoning officer may be appealed to the Zoning Hearing Board pursuant to
Part 1: ADMINISTRATION.
C. Airport Approach Variances.
(1) Application.
In addition to the applicable requirements of this chapter, a copy of each application for a variance from the regulations of this section shall be furnished to such official or body authorized by the airport and proof of such shall be furnished with the application. No decision shall be made until 15 days after the filing of the application unless such official or body advises the Zoning Hearing Board as to the impact of such variance on aeronautical safety and operations.
(2) Issuance.
In addition to the applicable requirements of this chapter, the Zoning Hearing Board shall not grant a variance from the regulations of this section, unless the following conditions are met:
(a) That the application for a variance shall be accompanied by a determination from the Federal Aviation Administration that the effect of the proposed variance shall not diminish the safe, efficient use of navigable airspace or the operation of air navigation facilities.
(b) That it would be infeasible to alter or make use of the use, structure or tree without the proposed variance.
(c) That the variance represents the minimum variance needed to make use of the use, structure or tree.
(d) That adequate safeguards will be provided to ensure the safety and welfare of all persons and property potentially affected.
