Oklahoma § 3-107

§ 3-107.

Permits and variances.

Oklahoma Statutes - Title 3. Aircraft and Airports

(1) Permits. Any airport zoning regulations adopted under this

act may require that a permit be obtained before any new structure

or use may be constructed or established and before any existing use

or structure may be substantially changed or substantially altered

or repaired. In any event, however, all such regulations shall

provide that before any nonconforming structure or tree may be

replaced, substantially altered or repaired, rebuilt, allowed to

grow higher, or replanted, a permit must be secured from the

administrative agency authorized to administer and enforce the

regulations, authorizing such replacement, change or repair. No

permit shall be required to make maintenance repairs to or to

replace parts of existing structures which do not enlarge or

increase the height of such existing structures. No permit shall be

granted that would allow the establishment or creation of an airport

hazard or permit a nonconforming structure or tree or nonconforming

use to be made or become higher or become a greater hazard to air

navigation than it was when the applicable regulation was adopted or

than it is when the application for a permit is made. Except as

provided herein, all applications for permits shall be granted.

(2) Variances. Any person desiring to erect any structure, or

increase the height of any structure, or permit the growth of any

tree, or otherwise use property in violation of airport zoning

regulations adopted under this act, may apply to the Board of

Adjustment for a variance from the zoning regulations in question.

Such variances shall be allowed where a literal application or

enforcement of the regulations would result in practical difficulty

or unnecessary hardship and the relief granted would not be contrary

to the public interest but do substantial justice and be in

accordance with the spirit of the regulations and this act.

However, any variance may be allowed subject to any reasonable

conditions that the Board of Adjustment may deem necessary to

effectuate the purpose of this act.

(3) Hazard Marking and Lighting. In granting any permit or

variance under this section, the administrative agency or Board of

Adjustment may, if it deems such action advisable to effectuate the

purpose of this act and reasonable in the circumstances, so

condition the permit or variance as to require the owner of the

structure or tree in question, at the owner's expense, to install,

operate, and maintain thereon such markers and lights as may be

necessary to indicate to flyers the presence of an airport hazard.

(4) Copies of any request for a permit or variance shall be

forwarded by the political subdivision or Joint Airport Zoning Board

to the Commission within five (5) days of filing.

Added by Laws 1945, p. 11, § 7. Amended by Laws 1986, c. 20, § 7,

eff. Nov. 1, 1986; Laws 1995, c. 181, § 10, eff. July 1, 1995.