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BC 1996 05 21
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BC 1996 05 21
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Meeting Minutes
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Minutes
Meeting Minutes - Date
5/21/1996
Board
Board of Commissioners
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91 <br /> <br />(b) Marking and Lighting - Notwithstanding the preceding provision <br />of this section, the owner of any existing nonconforming structure <br />or tree is hereby required to permit the installation, operation and <br />maintenance thereon of such markers and lights as shall be deemed <br />necessary by the Concord Regional Airport Aviation Director to <br />indicate to the operators of aircraft in the vicinity of the airport <br />the presence of such airport hazards. Such markers and lights shall <br />be installed, operated and maintained at the expense of the City of <br />Concord. <br /> <br />Section 4-29. Permits <br />(1) Future Uses - No material change shall be made in the use of <br />land and no structure or tree shall be erected, altered, planted or <br />otherwise established in any zone hereby created unless a permit <br />therefore shall have been applied for and granted. <br /> <br />(a) A permit for a tree or structure of less than 75 feet of <br />vertical height above the ground shall not be required in the <br />horizontal and conical zones or in any approach and transitional <br />zones beyond a horizontal distance of 4,200 feet from each end of <br />the runway except when such tree or structure, because of terrain, <br />land contour or topographic features, would extend above the height <br />limit prescribed for the respective zone. <br /> <br />(b) Each application for a permit shall indicate the purpose of <br />which the permit is desired with sufficient particulars to determine <br />whether the resulting use, structure or tree would conform to the <br />regulations herein prescribed. If such determination is in the <br />affirmative, the permit shall be granted. <br /> <br />Section 4-30. Existing Uses <br />No permit shall be granted that would allow the establishment or <br />creation of an airport hazard or permit a nonconforming use, <br />structure or tree to become a greater hazard to air navigation than <br />it was on the effective date of these regulations or any amendments <br />thereto or than it is when the application for a permit is made. <br />Except as indicated, all applications for such a permit shall be <br />granted. <br /> <br />Section 4~31. Nonconforming Uses Abandoned or Destroyed <br />Whenever the Concord Regional Airport Aviation Director determines <br />that a nonconforming tree or structure has been abandoned or more <br />than 80 percent torn down, physically deteriorated or decayed, no <br />permit shall be granted that would allow such structure or tree to <br />exceed the applicable height limit or otherwise deviate from the <br />zoning regulations. <br /> <br />Section 4-32. Variances <br />Any persons desiring to erect or increase the height of any <br />structure, or permit the growth of any tree, or use property, not in <br />accordance with the regulations prescribed in this Ordinance, may <br />apply to the Planning and Zoning Commission (acting as Board of <br />Adjustment) for a variance from such regulations. The application <br />for variance shall be accompanied by a determination from the <br />Federal Aviation Administration as to the effect of the proposal on <br />the operation of air navigation facilities and the safe, efficient <br />use of navigable airspace. Such variances shall be allowed where it <br />is found that a literal application or enforcement of the <br />regulations will result in unnecessary hardship and relief granted, <br />will not be contrary to the public interest, will not create a <br />hazard to air navigation, will do substantial justice, and will be <br />in accordance with the spirit of the Ordinance. Additionally, no <br />application for variance to the requirements of this Ordinance may <br />be considered by the Board of Adjustment unless a copy of the <br />application has been furnished to the Aviation Director for advice <br />as to the aeronautical effects of the variance. If the Aviation <br />Director does not respond to the application within 30 days after <br />receipt, the Board of Adjustment may act on its own to grant or deny <br />said application. <br /> <br /> <br />
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