§ 1-3-14. Permits to construct, change, or repair structures — Removal of nonconforming uses.
(a) Where advisable to facilitate the enforcement of zoning regulations adopted pursuant
to this chapter, any political subdivision in which an airport or airport hazard area
is located shall establish a system for the granting of permits to establish or construct
new structures and other uses and to replace existing structures and other uses or
to make substantial changes or substantial repairs.
Each person seeking a permit to construct or alter a structure within an airport hazard
area under this section shall file a form 7460-1 with the federal aviation administration,
(FAA), as required under part 77. Furthermore, each person shall file a copy of the
form 7460-1 and the FAA part 77 determination with the airport corporation and with
the political subdivision or joint zoning board. A political subdivision or joint
zoning board shall consider the FAA part 77 determination before granting any permit.
(b) 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 by the political subdivision to administer
and enforce the regulations, authorizing the replacement, change, or repair. No permit
shall be granted that would allow the structure or tree in question to be made higher
or become a greater obstruction and/or hazard to air navigation than it was when the
applicable regulation was adopted. Whenever the administrative agency authorized by
the political subdivision determines that a nonconforming structure has been abandoned
or more than eighty percent (80%) torn down, destroyed, deteriorated, or decayed:
(1) No permit shall be granted that would allow the structure or tree to exceed the applicable
height limit established by the airport's airspace plan or otherwise deviate from
the zoning regulations;
(2) Whether application is made for a permit under this section or not, the administrative
agency authorized by the political subdivision may by appropriate action compel the
owner of the nonconforming structure or tree, at his or her own expense, to lower,
remove, reconstruct, or equip the object as may be necessary to conform to the regulations
or, if the owner of the nonconforming structure or tree fails to comply with the order
for ten (10) days after notice, the agency may proceed to have the object so lowered,
removed, reconstructed, or equipped and assess the cost and expense upon the owner
of object or the land where it is or was located.
(c) Unless an assessment is paid within ninety (90) days from the service of notice on
the agent or owner of the object or land, the sum shall bear interest at the rate
of ten percent (10%) per annum until paid, and shall be collected in the same manner
as are general taxes.
(d) [Deleted by P.L. 1999, ch. 462, §â€‚1.]