Sec. 3-25. - Use permits.

(a)

Future uses. No structure or tree above fifty feet (50′) above the natural terrain shall be erected, altered, planted, allowed to grow to a greater height, or otherwise established, in any instrument runway approach zone, noninstrument runway approach zone, turning zone or transition zone, but not including the areas in the outer forty thousand foot (40,000′) sections of the instrument runway approach zones and the transition zones adjacent to them, unless a use permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired, with sufficient detail to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed by this article. If such determination is in the affirmative, the permit applied for shall be granted.

(b)

Existing uses. Before any existing use, structure or tree above fifty feet (50′) above the natural terrain may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, moved to another location or replanted, within any instrument runway approach zone, noninstrument runway approach zone, turning zone or transition zone, but not including the land below the outer forty thousand foot (40,000′) sections of the instrument runway approach zones and the transition zones adjacent to them, a permit shall be secured authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of a flight hazard or permit a nonconforming use, structure or tree to be made or to become higher or become a greater hazard to air navigation than it was on the effective date of the ordinance from which this article derives, [7] or than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change, or repair of existing use, structure or tree shall be granted. 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. No. 629 § 10.)

Editor's note— The ordinance from which this article derives was adopted June 14, 1960, and became effective thirty (30) days thereafter.