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(a) Future uses. Except as specifically provided in paragraphs (1), (2) and (3) of this subsection, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created in this ordinance unless a permit therefor shall have been applied for and granted by the Troup County Building Official. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. All structures and trees within the notification zone shall seek airspace approval by the airport manager or the FAA. Structures and trees outside of this zone shall seek airspace approval if required by federal regulations. No permit for a use inconsistent with the provisions of this ordinance shall be granted unless a variance has been approved in accordance with subsection (d) of this section, using the following criteria: (1) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree would extend above the height limits prescribed for such zones. (2) 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 less than 75 feet of vertical height above the ground, except when such tree would extend above the height limit prescribed for such approach zones. (3) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition 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. (b) Existing uses. Except as provided in section article IX(a), no permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on February 5, 2019, or any amendments thereto or than it is when the application for a permit is made. (c) Nonconforming uses abandoned or destroyed. Whenever the Troup County Building Official 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. (d) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of any property, not in accordance with the regulations prescribed in this ordinance, may apply to the board of zoning appeals/planning commission for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is found that a literal application or enforcement of the regulations will result in unnecessary hardship, and any relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for variance to the requirements of this ordinance may be considered by the board of zoning appeals/planning commission unless a copy of the application has been furnished to the LaGrange-Callaway Airport for advice as to the aeronautical effects of the variance. (e) Obstruction marking and lighting. Any permit or variance granted, may if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of zoning appeals/planning commission, this condition may be modified to require the owner to permit the LaGrange-Callaway Airport, at its own expense to install, operate, and maintain the necessary markings and lights. |
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( Ord. No. 2019-06 , § I(Exh. 1), 2-5-2019) |