1994 - 03-21-94 Regular Meeting - Laserfiche WebLink

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aooK 15 rtt~ 615 0 2 i than seventy- ive (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition surface zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this ordinance except as set forth in Section IV. 2. Existing Uses - No permit shall be granted that.would allow the establishment or creation of an obstruction 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 ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. 3. Nonconforming Uses Abandoned or Destroyed - Whenever the Lee County Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 4. Variances - 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 Ordinance, may apply to the Board of Appeals for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the 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 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 ordinance. Additionally, no application for variance to the requirements of the requirements of this Ordinance may be considered by the Lee County Board of Adjustment unless a copy of the application has been furnished to the Sanford/Lee County Regional Airport Authority for advice as to the aeronautical effects of the variance. If the Sanford/Lee County Regional Airport Authority does not respond to the application within ninety (90) days after receipt, the Board of Appeals may act on its own to grant or deny said application. 5. Obstruction Marking and Lighting - Any permit or variance granted may if such action is deemed advisable to effectuate the purpose of this ordinance and may be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and -8-