<div class="chunk-title">Sec. 2.5-6. - Permits and exemptions.</div>
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            <p class="incr0">
               (a)
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               <span class="ital">Future structures.</span> Except as specifically provided in subsections (1)â€”(3) below, no structure shall
               be erected or otherwise established in any zone hereby created unless a permit shall
               have been applied for and granted. Each application for a permit shall indicate the
               purpose for which the permit is desired, with sufficient particularity to permit it
               to be determined whether the resulting structure would conform to the regulations
               herein prescribed. All permit applications for obstructions in any of the zones related
               to the airport shall be reviewed and evaluated by the Federal Aviation Administration
               using FAA form 7460 (Notice of Construction). The FAA report shall be a part of the
               application submitted to the department of planning and inspections for consideration
               for approval. No permit for a structure inconsistent with the provisions of this chapter
               shall be granted unless a variance has been approved in accordance with subsection
               <a href="" data-chunk-id="COOR_CH2.5AIARHERE_S2.5-6PEEX" class="section-link" data-product-id="12419">2.5-6</a>(c).
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            <p class="incr1">
               (1)
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               In the area lying within the limits of the horizontal zone and conical zone covered
               by this chapter any structure less than 75 feet of vertical height above the ground,
               except when, because of terrain, land contour, or topographic features, such structure
               would extend above the height limits prescribed for such zones, shall be exempt from
               the requirements of this chapter.
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               (2)
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               In areas lying within the limits of the approach zones, but at a horizontal distance
               of not less than 4,200 feet from each end of the runway, any structure less than 75
               feet of vertical height above the ground, except when such structure would extend
               above the height limit prescribed for such approach zones, shall be exempt from the
               requirements of this chapter.
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            <p class="incr1">
               (3)
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               In the areas lying within the limits of the transition zones beyond the perimeter
               of the horizontal zone, any structure less than 75 feet of vertical height above the
               ground, except when such structure, because of terrain, land contour, or topographic
               features, would extend above the height limit prescribed for such transition zones,
               shall be exempt from the requirements of this chapter.
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               (b)
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               <span class="ital">Exempted height limitation.</span> Nothing in this chapter shall be construed as prohibiting the construction or maintenance
               of any residential, commercial or industrial structure to a height up to 35 feet above
               the surface of the land.
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               (c)
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            <p class="content1">
               <span class="ital">Variances.</span> Any person desiring to erect or increase the height of any structure, not in accordance
               with the regulations prescribed in this chapter, may apply to the board of adjustment
               for a variance from such regulations. The application for a variance shall be accompanied
               by a determination from the Federal Aviation Administration as to the effect of the
               proposal on the operation of air navigation facilities and the safe, efficient use
               of navigable airspace. Such variances shall be allowed where it is duly found that
               a literal application or enforcement of the regulations will result in unnecessary
               hardship and relief, if 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 chapter. Additionally, no application for a variance
               may be considered by the board of adjustment unless a copy of the application has
               been furnished to the aviation advisory board for advice as to the aeronautical effects
               of the variance. If the aviation advisory board does not respond to the application
               within 45 days after receipt, the board of adjustment may act on its own to grant
               or deny said application.
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            <p class="incr0">
               (d)
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               <span class="ital">Obstruction marking and lighting.</span> Any permit or variance granted may, if such 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 in question to install, operate, and maintain,
               at the owner's expense, such markings and lights as may be necessary.
               </p>
            		
            <p class="historynote0">
               (Ord. of 5-7-01, Â§ 14-6)
               </p></div>