§ 45-3107. Permits.

(a)

Future use: No structure shall be erected or otherwise established, and no tree shall be planted in the horizontal zone created by this chapter which will exceed one hundred and ninety-three (193) feet of vertical height above mean sea level unless a permit therefore shall have been applied for to include filing of FAA for 7460 available at the airport and provided that a variance has been approved as provided in subsection (d).

(b)

Existing uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto other than with relief as provided for in subsection (d).

(c)

Reconstruction: No permit shall be granted that would enable a nonconforming structure or object to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable horizontal zone height limit or otherwise deviate from the zoning regulations contained in this chapter except as provided for in Article XXIX, Nonconforming uses, section 45-2902, Reconstruction, of the Zoning Ordinance.

(d)

Variances: Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this article may apply for a variance from such regulations to the board of zoning appeals as described in Article XXXII of the Zoning Ordinance. Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the board of zoning appeals, the application for variance shall be accompanied by a determination from the Virginia Department of Aviation as to the facilities and the safe, efficient use of navigable airspace. Such variances shall only 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, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for a variance to the requirements of this article may be considered by the board of zoning appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen (15) days after receipt, the board of zoning appeals may act on its own to grant or deny the application for a variance.

(e)

Obstruction marking and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. If deemed proper by the board of zoning appeals, this condition may be modified to require the owner to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

(Ord. No. 5028-97, § 1)

(Ord. No. 5028-97, § 1)