§ 1-3-14 - Permits to construct, change, or repair structures – Removal of nonconforming uses.
SECTION 1-3-14
§ 1-3-14 Permits to construct, change, orrepair structures – Removal of nonconforming uses. – (a) Where advisable to facilitate the enforcement of zoning regulations adoptedpursuant to this chapter, any political subdivision in which an airport orairport hazard area is located shall establish a system for the granting ofpermits to establish or construct new structures and other uses and to replaceexisting structures and other uses or to make substantial changes orsubstantial repairs.
Each person seeking a permit to construct or alter astructure within an airport hazard area under this section shall file a form7460-1 with the federal aviation administration, (FAA), as required under part77. Furthermore, each person shall file a copy of the form 7460-1 and the FAApart 77 determination with the airport corporation and with the politicalsubdivision or joint zoning board. A political subdivision or joint zoningboard shall consider the FAA part 77 determination before granting any permit.
(b) Before any nonconforming structure or tree may bereplaced, substantially altered or repaired, rebuilt, allowed to grow higher,or replanted, a permit must be secured from the administrative agencyauthorized by the political subdivision to administer and enforce theregulations, authorizing the replacement, change, or repair. No permit shall begranted that would allow the structure or tree in question to be made higher orbecome a greater obstruction and/or hazard to air navigation than it was whenthe applicable regulation was adopted. Whenever the administrative agencyauthorized by the political subdivision determines that a nonconformingstructure 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 structureor tree to exceed the applicable height limit established by the airport'sairspace plan or otherwise deviate from the zoning regulations;
(2) Whether application is made for a permit under thissection or not, the administrative agency authorized by the politicalsubdivision may by appropriate action compel the owner of the nonconformingstructure or tree, at his or her own expense, to lower, remove, reconstruct, orequip the object as may be necessary to conform to the regulations or, if theowner of the nonconforming structure or tree fails to comply with the order forten (10) days after notice, the agency may proceed to have the object solowered, removed, reconstructed, or equipped and assess the cost and expenseupon the owner of object or the land where it is or was located.
(c) Unless an assessment is paid within ninety (90) days fromthe service of notice on the agent or owner of the object or land, the sumshall bear interest at the rate of ten percent (10%) per annum until paid, andshall be collected in the same manner as are general taxes.
(d) [Deleted by P.L. 1999, ch. 462, § 1.]