18.205.070 Permits.
(a) Future Uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created under this chapter unless a permit therefor shall have been applied for and granted.
(1) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.
(2) Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations prescribed in this chapter. If such determination is in the affirmative, the permit shall be granted.
(b) Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on May 13, 1980, or on the effective date of any amendments to this chapter, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c) Nonconforming Uses Abandoned or Destroyed. Whenever the Chief Building Inspector or County Zoning Administrator, within his respective jurisdiction, 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 his property not in accordance with the regulations prescribed in this chapter may apply to the City or County Board of Zoning Appeals, dependent upon jurisdiction, for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter.
(e) Hazard Marking and Lighting. Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this chapter and to be reasonable under the circumstances, may be so conditioned as to require the owner of the structure or tree in question to permit the Metropolitan Topeka Airport Authority, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard. (Code 1981 § 4-61. Code 1995 § 22-32.)
Cross References:Board of Zoning Appeals, Chapter 2.220 TMC.
State Law References:Permits and variances, K.S.A. 3-707.