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609
CITY-OF-BATESVILLE
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effective date of this ordinance, and is diligently prosecuted and completed <br />within two years thereof. <br />Section 17. Variances. Any person desiring to erect any structure or in- <br />crease the height of any structure, or permit the growth of any tree, or use his <br />property, not in accordance with the regulations prescribed in this ordinance, <br />may apply for a variance therefrom. Such variance shall be allowed where a <br />literal application or enforcement of the regulations would result in practical <br />difficulty or unnedessary hardship and the relief granted would not be contrary <br />to the public interest but do substantial justice and be in accordance with the <br />spirit of this ordinance. <br />Section 18. Permits. <br />(1) Future Uses. No material change shall be made in the use of land, and <br />no structure or tree shall be erected, altered, planted, or otherwise established, <br />in any airport approach zone, transition zone or turning zone, unless a permit <br />therefor shall have been applied for and granted. Each such application shall <br />indicate the purpose for which the permit is desired, with sufficient particu- <br />larity to permit it to be determined whether the resulting use, structure, or <br />tree would conform to the regulations herein prescribed. If such deterndnation <br />is in the affirmative, the permit applied for shall be granted. <br />(2) Existing Uses., Before any existing use, structure or tree may be re- <br />placed, substantially altered or repaired, rebuilt, allowed to grow higher, or <br />replanted, within any airport approach zone, transition zone, or turning zone, <br />a permit must be secured authorizing such replace_:ent, change, or repair. ro <br />such permit shall be granted that would allow the establishment or creation of <br />any airport hazard or permit a nnn-conforming use, structure, or tree to be <br />made or become higher, or become a greater hazard to air navigation, than it was <br />on the effective date of this ordinance or than it is when the application for <br />a permit is made. Except as indicated, all applications for a permit for <br />replacement, change or repair of existing use, structure, or tree shall be granted. <br />Section 19. Hazard Llarking, and Lighting., Any permit or variance granted <br />may, if such action is deemed advisable to effectuate the purposes of this ordi- <br />nance and reasonable in the circumstances, be so conditioned as to require the <br />owner of the structure or tree in question to permit the City of Batesville, at <br />its own expense, to install, operate, and maintain thereon such markers and <br />liChts as may be necessary to indicate to flyers the presence of an airport hazard. <br />-I <br />
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