MARVIN MANDEL, Governor                                 1501

ALTERATION OF ANY STRUCTURE OR TREE NOT CONFORMING TO THE
REGULATIONS WHEN ADOPTED OR REVISED, OR OTHERWISE
INTERFERE WITH THE CONTINUANCE OF ANY NONCONFORMING USE.

(C) (1) WHERE ADVISABLE TO FACILITATE THE
ENFORCEMENT OF AIRPORT ZONING REGULATIONS ADOPTED
PURSUANT TO THIS [[SUBTITLE]] SECTION, A SYSTEM MAY BE
ESTABLISHED AND REGULATIONS MAY BE ADOPTED BY ANY
POLITICAL SUBDIVISION FOR THE GRANTING OF PERMITS TO
ESTABLISH OR CONSTRUCT NEW STRUCTURES OR NEW USES OF LAND
OR STRUCTURES OR TO REPLACE EXISTING STRUCTURES OR USES
OF LAND OR STRUCTURES OR TO MAKE SUBSTANTIAL CHANGES OR
SUBSTANTIAL REPAIRS. IN ANY EVENT, BEFORE ANY
NONCONFORMING STRUCTURE OR TREE MAY BE RECONSTRUCTED,
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 ZONING REGULATIONS,
AUTHORIZING SUCH REPLACEMENT, CHANGE OR REPAIR BEFORE ANY
WORK IS STARTED, AND NO SUCH PERMIT SHALL BE GRANTED THAT
WOULD ALLOW THE STRUCTURE OR TREE IN QUESTION TO BE MADE
OR BECOME HIGHER OR BECOME A GREATER HAZARD TO AIR
NAVIGATION THAN IT WAS WHEN THE APPLICABLE ZONING
REGULATION WAS ADOPTED. ALL APPLICATIONS FOR PERMITS FOR
REPLACEMENT, CHANGE OR REPAIR OF NONCONFORMING USES,
STRUCTURES OR TREES SHALL BE GRANTED AS A MATTER OF RIGHT
EXCEPT IN THOSE CASES HEREIN SPECIFICALLY PROVIDED FOR.

(2)   THE LEGISLATIVE BODY OF ANY POLITICAL
SUBDIVISION MAY AUTHORIZE AND EMPOWER THE BOARD OF
APPEALS, AS PROVIDED IN SUBSECTION (D) (5) OF THIS
SECTION TO GRANT VARIANCES FROM THE ZONING REGULATIONS
ADOPTED UNDER THIS [[SUBTITLE]] SECTION IN CASES OF
PRACTICAL DIFFICULTY OR UNNECESSARY HARDSHIP, SUBJECT TO
SUCH RULES, REGULATIONS, RESTRICTIONS, GUIDES AND
STANDARDS, AS MAY BE ESTABLISHED BY APPROPRIATE ACTION OF
SUCH LEGISLATIVE BODY. ANY PERSON DESIRING TO ERECT ANY
STRUCTURE, OR INCREASE THE HEIGHT OF ANY STRUCTURE, OR
PERMIT THE GROWTH OF ANY TREE, OR OTHERWISE USE HIS
PROPERTY, IN VIOLATION OF AIRPORT ZONING REGULATIONS
ADOPTED UNDER THIS [[SUBTITLE]] SECTION MAY MAKE
APPLICATION FOR A VARIANCE FROM THE ZONING REGULATIONS IN
QUESTION.

(3)   IN GRANTING ANY PERMIT THAT DOES NOT HAVE
TO BE ISSUED AS A MATTER OF RIGHT UNDER THE PROVISIONS OF
THIS SUBSECTION, OR IN GRANTING A VARIANCE UNDER THE
PROVISIONS OF THIS SUBSECTION, THE ADMINISTRATIVE AGENCY
OR BOARD OF APPEALS, AS THE CASE MAY BE, MAY, IF IT DEEMS
SUCH ACTION ADVISABLE TO EFFECTUATE THE PURPOSES OF THIS
SECTION AND REASONABLE IN THE CIRCUMSTANCES, SO CONDITION
SUCH PERMIT OR VARIANCE AS TO REQUIRE THE OWNER OF THE
STRUCTURE OR TREE IN QUESTION TO INSTALL, OPERATE AND
MAINTAIN SUITABLE OBSTRUCTION MARKERS AND OBSTRUCTION