5916 - Permits and variances.

     § 5916.  Permits and variances.        (a)  Permit.--Any airport zoning regulations shall require     that a permit be obtained before any new use or structure may be     established or constructed and before any existing use or     structure may be substantially changed, but no permit may be     required to make maintenance repairs to or to replace parts of     existing structures which do not enlarge or increase the height     of an existing structure. However, all regulations shall provide     that before any nonconforming structure may be replaced,     substantially altered or rebuilt or tree allowed to grow higher     or replanted, a permit must be secured from the municipality     authorizing the replacement or change. Applications for permits     shall only be granted unless to do so would allow the     establishment or creation of an airport hazard or permit a     nonconforming structure or object of natural growth or     nonconforming use to be made or become higher or become a     greater hazard to air navigation than it was when the applicable     regulation was adopted, or than it is when the application for a     permit is made.        (b)  Variance.--Any person desiring to erect any structure or     increase the height of any structure or permit the growth of any     object of natural growth or otherwise use his property in     violation of airport zoning regulations may apply to the board     for a variance from the zoning regulations in question. A     variance shall only be granted after the requirements of section     5919 (relating to notice to department) are satisfied. A     variance may be allowed where a literal application or     enforcement of the regulations would result in practical     difficulty or unnecessary hardship and the relief granted would     not be contrary to the public interest but would do substantial     justice and would be in accordance with the spirit of the     regulations and this subchapter. Any variance may be granted     subject to any reasonable conditions that the board may deem     necessary to effectuate the purposes of this subchapter.        (c)  Hazard marking and lighting.--In granting any permit or     variance under this section, the board shall, if it deems the     action advisable to effectuate the purpose of this subchapter     and reasonable in the circumstances, so condition the permit or     variance as to require the owner of the structure or object of     natural growth in question to permit the municipality, at its     own expense, or require the person or persons requesting the     permit or variance, to install, operate and maintain thereon     such markers and lights as may be required by guidelines or     regulations adopted by the Federal Aviation Administration of     the United States Department of Transportation.        Cross References.  Section 5916 is referred to in section     5915 of this title.