21-505A PERMITS AND VARIANCES -- MARKING AND LIGHTING.
AERONAUTICS
CHAPTER 5
AIRPORT ZONING ACT
21-505A. Permits and variances -- Marking and lighting. Any airport zoning regulations adopted under this chapter may require that a permit be obtained from the director before any new structure or use may be constructed or established within the zoned area. 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 this chapter may apply to the director of the Idaho transportation department for a special permit authorizing such action. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty and unnecessary hardship and the relief granted would not be contrary to the public interest or create undue hazards to air flight. Any such special permits may be allowed subject to such reasonable conditions as the director may deem necessary to effectuate the purposes of the regulations, including the condition that the owners of the structure or tree in question permit the department or other political subdivision of this state having an interest in the airport in question to install, operate and maintain thereon at its own expense such markers and lights as may be necessary to indicate to flyers the presence of an aviation hazard.