(A) Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and approved by the Building Inspector.
(1) However, a permit for a tree of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when the tree, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.
(2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
(3) A permit shall be void after one year unless construction has commenced.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard 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 chapter or any amendments thereto or than it is when the application for a permit is made.
(C) Hazard marking and lighting. Any permit or variance granted may, if an action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question, at owner's expense, to install, operate, and maintain markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(D) Conditional use permit. Any use allowed under any other zoning chapter provision which will be located in an approach or clear zone shall be treated as a conditional use under that provision and shall be subject to all procedures required for conditional uses under that ordinance.
(E) Places of public assembly. Places of public assembly proposing to locate in an approach or clear zone shall be discouraged and influenced to locate elsewhere. Most urban structures proposing to locate in a clear zone also shall be discouraged due to the danger of air crashes.
(Ord. 1411, passed 4-27-82) Penalty, see 151.99
(A) Authorization to grant or deny variances.
(1) The Planning Commission may grant a variance to any person desiring to erect or increase the height of any structure, or permit the growth of any tree or use property not in accordance with the regulations prescribed in this chapter, where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty to the public interest and the granting of the variance will do substantial justice and be in accordance with the spirit of this chapter.
(2) In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity or otherwise achieve the purposes of this chapter.
(B) Procedure for taking action on a variance application. The procedure for taking action on an application for a variance shall be as follows:
(1) A property owner or the Planning Commission may initiate a request for a variance by filing an application with the City Manager, using forms prescribed.
(2) Within 40 days of receipt of the application, the Planning Commission shall hold a hearing and render a decision thereon. The applicant shall be given written notice of the decision by the City Manager within five days of the decision.
(3) A variance shall be void after one year unless the variance has been substantially completed. However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request.
(4) No application for a variance shall be considered by the Planning Commission within one year of the denial of a request unless, in the opinion of the Planning Commission, new evidence of a change of circumstances warrants it.
(Ord. 1411, passed 4-27-82)
(A) Authorization to initiate amendments. An amendment to the text of this chapter or to the map may be initiated by the City Council, the Planning Commission or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filing an application with the City Manager, using forms prescribed.
(B) Public hearings on amendments. The Planning Commission shall conduct a public hearing on the proposed amendment according to the procedures of 151.56 of this chapter at its earliest practicable meeting after it is proposed and shall, within 40 days after the hearing, recommend to the City Council approval, disapproval or modification of the proposed amendment. After receiving the recommendation of the Planning Commission, the City Council shall hold a public hearing on the proposed amendments.
(C) Record of amendments. The Finance Director/Recorder shall maintain records of amendments to the text and map of this chapter.
(Ord. 1411, passed 4-27-82)
It shall be the duty of the City Manager to administer and enforce the regulations prescribed herein. The city staff shall have the duty to administer and approve permits. The Planning Commission shall conduct hearings on applications for variances.
(Ord. 1411, passed 4-27-82)
(A) An appeal from a ruling of the City Manager or city staff regarding a requirement of the chapter may be made only to the Planning Commission.
(B) An action or ruling of the Planning Commission pursuant to this chapter may be appealed to the City Council within ten days after the Planning Commission has rendered its decision. Written notice of the appeal shall be filed with the City Manager. If the appeal is not filed within the ten-day period, the decision of the Planning Commission shall be final. If the appeal is filed, the City Council shall receive a report and recommendation thereon from the Planning Commission and shall hold a public hearing on the appeal.
(C) The City Council may amend, rescind or affirm the action of the Planning Commission.
(Ord. 1411, passed 4-27-82)
An application required by this chapter shall be accompanied by a fee as established by the City Council.
(Ord. 1411, passed 4-27-82)
(A) The procedures to be followed for each notice of hearing authorized by this chapter shall be substantially the same as those provided in Chapter 157, the city's Zoning Code.
(B) The Planning Commission and the City Council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons they decide may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced.
(Ord. 1411, passed 4-27-82)
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
(Ord. 1411, passed 4-27-82)
Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $100 for each day a violation is a continuing offense but the fine may not exceed $1,000. A fine may not exceed $500 where the offense is not a continuing offense.
(Ord. 1411, passed 4-27-82)