3-707. Permits and variances.
3-707
3-707. Permits and variances.
(1) Permits. Any airport zoning regulations adopted under this act
may require that a permit be obtained before any new structure or use may
be constructed or established and before any existing use or structure may
be substantially changed or substantially altered or repaired. In any
event, however, all such regulations shall provide that before any
nonconforming structure or tree may be replaced, substantially altered or
repaired, rebuilt, allowed to grow higher, or replanted, a permit must 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 establishment or creation of an
airport hazard or permit a nonconforming structure or tree or nonconforming
use to be made or become higher or become a greater hazard to air
navigation than it was when the applicable regulation was adopted or than
it 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, or
increase the height of any structure, or permit the growth of any tree, or
otherwise use his or her property in violation of airport zoning
regulations adopted under this act, may apply to the governing body of the
political subdivision or subdivisions for a variance from the zoning
regulations in question. Such variances 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 and this act: Provided,
That any variance may be allowed subject to any reasonable conditions that
the governing body of the political subdivision or subdivisions owning,
controlling or operating an airport may deem necessary to effectuate the
purposes of this act.
(3) Hazard marking and lighting. In granting any permit or variance
under this section, the governing body of the political subdivision or
subdivisions owning, controlling or operating an airport may, if it deems
such action advisable to effectuate the purposes of this act 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 political
subdivision, at its own expense, to install, operate, and maintain thereon
such markers and lights as may be necessary to indicate to flyers the
presence of an airport hazard.
History: L. 1947, ch. 13, § 7; June 30.