1979 - 08-06-79 Regular Meeting - Laserfiche WebLink

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BOOR 9 PAcE525 or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or struc- ture would extend above the height limits prescribed for such zones. 2. b. 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, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be re Fired for any tree or structure less than seventy-five ~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 tran- sition-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. Existing Uses - No permit shall be granted that would allow the establishment or creation of an obstruction or permit a noncon- forming 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 Building Inspector 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 Admin- istration as to the effect of the proposal on the operation of -7-