Lincoln Municipal Code § 18.76.020 Permit—Nonconforming 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) However, 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 such 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 herein prescribed. If such determination is in the affirmative, the permit shall be granted.

(3) Nothing contained in any of the foregoing exceptions 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 division or as set forth in Section 18.72.210.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.000, 1979)

No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of the provisions codified in this division or any amendments thereto or than it is when the application for a permit is made. No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.010, 1979)

Whenever the planning director determines that a nonconforming tree or structure 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 as established in this division or otherwise deviate from the zoning regulations.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.020, 1979)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use property not in accordance with the regulations prescribed in this chapter, may apply to the planning commission for a variance from such regulation. The application for a 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 will not be contrary to the public interest, will not create a hazard to air navigation but do substantial justice and be in accordance with the spirit of the regulations of this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.030, 1979)

The provisions in Sections 18.76.060 through 18.76.110 shall apply equally to applications for permits and variances.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(part), 1979)

Applications for a permit or variance shall be made in writing by the property owner or his agent to the planning director on a form provided by the city. All applications shall include the following information:

(1) A map drawn to scale indicating the location and dimensions of the property for which a permit or variance is requested;

(2) A site plan drawn to scale indicating the height of all proposed and existing structures and trees as well as their relationship to the applicable airport zone;

(3) The information required pursuant to Section 18.54.030;

(4) Such other information as the planning commission may require.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(a), 1979)

Within 45 days after submission to the planning department of a complete application, staff shall review the proposal for the purpose of making its recommendations to the planning commission at its next scheduled meeting following the review period. In addition, a copy of either the variance request or permit shall be furnished to the airport manager for advice and comment as to the aeronautical effects of the proposal. Such written recommendations and comments that the airport manager makes shall be included in any staff report to the planning commission.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(b), 1979)

A public hearing shall be held by the planning commission after the filing of an application. A notice of the time and place of the hearing, including a general explanation of the area affected, is to be published in a newspaper of general circulation at least ten calendar days before the hearing. The planning commission shall also give notice as provided for in Section 18.54.040.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(c), 1979)

The planning commission may approve, disapprove or conditionally approve such applications. In granting conditional approval, the commission may require such provisions as it deems necessary to carry out the purpose of this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(d), 1979)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this division and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the airport authority, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(e), 1979)

For the purpose of defraying the expense involved in connection with an application, the city council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for applications under Section 18.76.060 et seq.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(f), 1979)

(a) Any person aggrieved, or any taxpayer affected by, any decision of the planning commission may appeal to the city council.

(b) All appeals under this section must be taken within ten days following the action of the planning commission. Such appeals shall be filed in writing with the city clerk, specifying the grounds thereof. The city clerk shall transmit to the city council all papers constituting the record upon which the action appealed from was taken.

(c) The city council shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(d) The city council may, in conformity with the provisions of this division, reverse of affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.050, 1979)

Any person aggrieved, or any taxpayer affected, by any decision of the city council may appeal as provided in section 50485.11 of the Government Code.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.060, 1979)