Permits
A. Future uses.
(1) Except as specifically provided in Subsections (1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected, altered, extended or otherwise established and no tree shall be planted in any zone hereby created unless a permit there for shall have been applied for and granted. Each application for a permit shall indicate is desired with sufficient particularity to permit 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, subject to the other requirements and conditions of this chapter. 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, below, of this section.
(a) In the area lying within the limits of the Horizontal Zone and Conical Zone, no permit shall be required for any tree or structure less than 75 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.
(b) In areas lying within the limits of the Approach Zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such Approach Zones.
(c) In the areas lying within the limits of the Transitional Zones beyond the perimeter of the Horizontal Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such Transitional Zones.
(2) 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 article except as set forth in
§ 84-111B.
B. Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction 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 article or any amendments thereto or than it is when the application for a permit is made.
C. Nonconforming uses. The extension, restoration, cessation or abandonment of nonconforming trees or structures shall be governed by the nonconforming use regulations set forth in
Article XV: Nonconforming Uses, Premises, Structures and Lots of this chapter; provided, however, that no permit shall be granted that would permit such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations provided for in this article.
D. Variances. Any person who desires to erect or increase the height of any structure or permit the growth of any tree or use property in a manner which is not in strict accordance with the regulations prescribed in this article must apply to the Zoning Hearing Board for a variance from such regulations. The application for a variance shall be accompanied by a determination made by the Federal Aviation Administration of the affect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space within the area affected by this article. 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 that the relief granted will not jeopardize the public health, safety and general welfare or create a hazard to air navigation.
E. Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article, be so conditioned as to require the owner of the structure, tree or other obstruction in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit the Township, at its expense, to install, operate and maintain the necessary markings and lights.
Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees or the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.
