§ 6-55. Permits

(a) Future uses. Except as specifically provided in subsections (a)(1) and (2) of this section, no material change shall be made in the use of land or water; no structure shall be erected or otherwise established; and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted by the city. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to allow it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection (d) of this section. All construction must comply with the adopted codes and ordinances of the city.

(1) In the area lying within the limits of the horizontal zone, no permit shall be required for any tree or structure less than 50 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(2) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 1,000 feet from the end of the runway or displaced threshold, no permit shall be required for any tree or structure less than 50 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

Nothing contained in any of the exceptions of subsections (a)(1) and (2) of this section shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article except as set forth in section 6-52, height limitations.

(b) Existing uses. No permit shall be granted that would allow the establishment or creation of any airport hazard or allow a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of the ordinance from which this article is derived, or any amendments thereto, or than it is when the application for permit is made. Except as indicated, all applications for such a permit shall be granted.

(c) Nonconforming uses abandoned or destroyed. Whenever the city determines that a nonconforming structure or tree has been abandoned or more than 80 percent 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 the zoning regulations.

(d) Variances. Any person desiring to erect or increase the height of any structure, or allow the growth of any tree, or use his property in violation of the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations in question. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this article.

(e) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable by the city to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to allow the city to install, operate and maintain, at the expense of the city, such markings and lights as may be necessary.

(Ord. No. 231, § 12(7), 10-10-1988; Ord. No. 231-B, § 12(7), 9-29-2010)