11.03.06.07

.07 Permits.

A. Permit Required. Unless a person has an appropriate permit issued by the Administration, the person may not, in any airport zoning district established by this chapter, undertake or allow any construction, maintain any personalty, or conduct any activity prohibited by Regulation .05 or .06 of this chapter, except as set forth in §B of this regulation.

B. Exemptions.

(1) The Administration may not require a permit for a repair or addition to an existing legal structure or its appurtenances or for a crane or other equipment used in the repair or addition, if the repair, addition, crane, or other equipment does not increase or exceed the existing structure's maximum height above mean sea level.

(2) A repair or an addition includes:

(a) Construction of a:

(i) Garage, shed, or outbuilding,

(ii) Patio or patio cover, porch, carport enclosure, or deck,

(iii) Pier, bulkhead, or mooring pile,

(iv) Dormer, replacement window, or ridge vent,

(v) Retaining wall, and

(vi) Swimming pool or hot tub and enclosure;

(b) Installation of exterior siding;

(c) Partitioning or improvement to the interior of a structure;

(d) Construction, excavation, or enlargement of a basement under an existing structure; and

(e) Demolition of existing structure.

C. Application for Permit.

(1) The owner of the land or structure shall obtain a permit from the Administration before any:

(a) Work that requires a permit under this chapter is started;

(b) Growth of vegetation that requires a permit under this chapter is allowed; and

(c) Placement of personalty that requires a permit under this chapter.

(2) The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed work, project, or personalty placement will comply with each applicable airport zoning regulation.

D. Issuance of Permits. The Administration:

(1) May not issue a permit unless each airport zoning regulation applicable to the airport zoning district in which the land or structure is located has been complied with fully;

(2) Shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration may not issue any permit that will allow a structure, tree, or other vegetation to be higher than, or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.

E. Conditions on Permit. The Administration may condition any permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at the owner's expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.

F. Disapproval of Application for Permit. If the Administration disapproves an application for a permit:

(1) The Administration shall notify the applicant in writing of its reasons for the disapproval; and

(2) If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant shall be so advised.

G. Zoning Permit Prerequisite to Local Permit. A local agency may not issue a use permit or a permit for construction, reconstruction, extension, repair, or alteration within an airport zoning district for which an airport zoning permit is required until the applicant has been issued an airport zoning permit by the Administration.