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BOOK 9 PAPS 813 <br />or structure less <br />height above the <br />land contour, or <br />ture would extend <br />such zones. <br />than seventy-five (75) feet of vertical <br />ground, except when, because of terrain, <br />topographic features, such tree or struc- <br />above the height limits prescribed for <br />b. In areas lying within the limits of the approach zones, <br />but at a horizontal distance of not less than 4,200 feet <br />from each end of the runway, no permit shall be required <br />for any tree or structure less than seventy-five (75) <br />feet of vertical height above the ground, except when <br />such tree or structure would e3-tend above the height <br />limit prescribed for such approach zones. <br />C. In the areas lying v,~ithin the limits of the transition <br />zones beyond the perimeter of the horizontal zone, no <br />permit sha11 be rewired for any tree or structure less <br />than seventy-five 75) feet of vertical height above the <br />ground, except when such tree or structure, because of <br />terrain, land contour, or topographic features, would <br />extend above the height limit prescribed for such tran- <br />sition_zones. <br />?dothing contained in any of the foregoing exceptions shall be <br />construed as permitting or intending to permit any cons*rucuion, <br />or alteration of any structure, or growth of any tree in excess <br />of any of the height limits established by this Ordinance except <br />as set forth in Section IV. <br />2; D fisting Uses - No permit shall be granted that would allow the <br />establishment or creation of an obstruction or permit a noncon- <br />forming use, structure, or tree to become a greater hazard to <br />air navigation than'it was on the effective date of this Ordinance <br />or any amendrients thereto or than it is when the application for <br />a nermit is made. E7cept as indicated, all applications for <br />such a permit shall be granted. <br />3. 1'+onconforminE Uses Abandoned or Destroyed - 1,,71;enever the Lee <br />County Building Inspector deter,:,ines that a nonconforming tree <br />or structure has been abandoned or n_ore than 20 percent torn <br />down, physically deteriorated, or decayed, no permit shall be <br />granted that would allow such structure or tree to exceed the <br />applicable height limit or otherwise deviate from the zoning <br />regulations. <br />d,. Variances - Any person desiring to erect or increase the height <br />of any structure, or permit the growth of any tree, or use <br />property, not in accordance with the regulations prescribed in <br />t)-is Ordinance, may apply to the Board of Appeals for a variance <br />from such regulations. The application for variance shell be <br />accompanied by a determination from the Federal Aviation AdL7in- <br />istration as to the effect of the proposal on the operation of <br />-7- <br />