3-707.   Permits and variances.(1) Permits. Any airport zoning regulations adopted under this actmay require that a permit be obtained before any new structure or use maybe constructed or established and before any existing use or structure maybe substantially changed or substantially altered or repaired. In anyevent, however, all such regulations shall provide that before anynonconforming structure or tree may be replaced, substantially altered orrepaired, rebuilt, allowed to grow higher, or replanted, a permit must besecured from the administrative agency authorized to administer and enforcethe regulations, authorizing such replacement, change or repair. No permitshall be granted that would allow the establishment or creation of anairport hazard or permit a nonconforming structure or tree or nonconforminguse to be made or become higher or become a greater hazard to airnavigation than it was when the applicable regulation was adopted or thanit is when the application for a permit is made. Except as provided herein,all applications for permits shall be granted.

      (2)   Variances. Any person desiring to erect any structure, orincrease the height of any structure, or permit the growth of any tree, orotherwise use his or her property in violation of airport zoningregulations adopted under this act, may apply to the governing body of thepolitical subdivision or subdivisions for a variance from the zoningregulations in question. Such variances shall be allowed where a literalapplication or enforcement of the regulations would result in practicaldifficulty or unnecessary hardship and the relief granted would not becontrary to the public interest but do substantial justice and be inaccordance with the spirit of the regulations and this act: Provided,That any variance may be allowed subject to any reasonable conditions thatthe governing body of the political subdivision or subdivisions owning,controlling or operating an airport may deem necessary to effectuate thepurposes of this act.

      (3)   Hazard marking and lighting. In granting any permit or varianceunder this section, the governing body of the political subdivision orsubdivisions owning, controlling or operating an airport may, if it deemssuch action advisable to effectuate the purposes of this act and reasonablein the circumstances, so condition such permit or variance as to requirethe owner of the structure or tree in question to permit the politicalsubdivision, at its own expense, to install, operate, and maintain thereonsuch markers and lights as may be necessary to indicate to flyers thepresence of an airport hazard.

      History:   L. 1947, ch. 13, § 7; June 30.