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    ARTICLE III: LAND USE DISTRICTS

386 – Private Use Airport Safety Overlay District

A.Except as provided in subsection B. of this Section, no structure or appurtenance shall be constructed to penetrate, nor tree, plant or other object of natural growth shall be planted which within ten years of growth can be expected to penetrate, an airport imaginary surface.

B.Height variances may be permitted when supported in writing by the airport sponsor and the Department of Aviation.  Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation.

386-6Procedures

An applicant seeking a Type II or Type III approval in an area within this Overlay District shall provide the following information in addition to any other information required in the permit application:

A.A map or drawing showing the location of the property in relation to the airport imaginary surfaces.  The Land Development Services Division shall provide the applicant with appropriate base maps upon which to locate the property;

B.Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level in order to compare absolute height relative to that of the nearby airport runway; and

C.If a height variance is requested, letters of “support” or “no impact” from the airport sponsor and the Department of Aviation are required.

386-7Nonconforming Uses

A.These regulations shall not be construed to require the removal, lowering or alteration of any structure not conforming to these regulations.  These regulations shall not require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Overlay District.

B.Notwithstanding subsection A. of this Section, the owner of any existing structure that has an adverse effect on air navigational safety as determined by the Department of Aviation shall install or allow the installation of obstruction markers as deemed necessary by the Department of Aviation, so that the structures become more visible to pilots.

C.No Type II or Type III approval or other permit shall be granted that would allow a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this Overlay District.

Date printed 11/27/09

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