Sec. 15-93. Establishment or alteration of structures.
Sec. 15-93. Establishment or alteration of structures. (a) Permits. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to section
15-91, a system may be established for granting permits to establish or construct new
structures and other uses. Before any nonconforming structure or tree may be replaced,
substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit
shall be secured from the administrative agency authorized to administer and enforce
the regulations, authorizing such replacement, change or repair. No permit shall be
granted that would allow the structure or tree in question to be made higher or become
a greater hazard to air navigation than it was when the applicable regulation was adopted;
and whenever the administrative agency determines that a nonconforming structure or
tree has been abandoned or more than eighty per cent torn down, destroyed, deteriorated
or decayed: (1) No permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from the zoning regulations, but
a permit shall be issued as of right if the structure as erected or altered is in conformance
with the regulations or will not constitute a greater hazard than the structure that is
replaced or altered; and (2) whether application is made for a permit under this section
or not, such agency may by appropriate action compel the owner of the nonconforming
structure or tree to lower, remove, reconstruct or equip such object as may be necessary
to conform to the regulations. Except as indicated, all applications for permits for replacement, change or repair of nonconforming uses shall be granted.
(b) Variances. Any person desiring to erect any structure, or increase the height of
any structure, or permit the growth of any tree, or otherwise use his property, in violation
of airport zoning regulations adopted under section 15-91, may apply to the board of
appeals, as provided herein, for a variance from the zoning regulations in question. Such
variance shall be allowed where a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and the relief granted would
not be contrary to the public interest but do substantial justice and be in accordance with
the spirit of the regulations.
(c) Obstruction marking and lighting. In granting any permit or variance under
this section the administrative agency or board of appeals may, if it deems such action
advisable to effectuate the purposes of sections 15-88 to 15-97, inclusive, and reasonable
in the circumstances, so condition such permit or variance as to require the owner of
the structure or tree in question to permit the municipality, at its own expense, to install,
operate and maintain suitable obstruction markers and obstruction lights thereon.
(1953, S. 2418d.)
Cited. 185 C. 145.