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Ch. 13
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190
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LAWS OF MARYLAND
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(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 OPERATION OR PROJECT WILL COMPLY WITH EVERY
APPLICABLE AIRPORT ZONING REGULATION,
(C) REQUISITES OF ISSUANCE OF PERMIT.
(1) THE ADMINISTRATION MAY NOT ISSUE A PERMIT
UNLESS EVERY AIRPORT ZONING REGULATION APPLICABLE TO THE
AIRPORT ZONING DISTRICT IN WHICH THE LAND OR STRUCTURE IS
LOCATED WILL BE COMPLIED WITH FULLY.
(2) THE ADMINISTRATION 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 OR 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.
(D) 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 HIS
EXPENSE THE MARKERS AND LIGHTS NECESSARY TO INDICATE TO
AIRCRAFT THE PRESENCE OF AN AIRPORT HAZARD.
(E) DISAPPROVAL OF APPLICATION.
IF THE ADMINISTRATION DISAPPROVES AN APPLICATION:
(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 MAY APPEAL TO THE BOARD AS
PROVIDED IN §5-507 OF THIS SUBTITLE.
(F) ZONING PERMIT PREREQUISITE TO LOCAL PERMIT.
A LOCAL AGENCY MAY NOT ISSUE A USE PERMIT OR A
PERMIT FOR ANY CONSTRUCTION, RECONSTRUCTION, EXTENSION,
REPAIR, OR ALTERATION WITHIN AN AIRPORT ZONING DISTRICT
UNTIL THE APPLICANT HAS BEEN ISSUED AN AIRPORT ZONING
PERMIT BY THE ADMINISTRATION.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 1A,
§8-802 (d) (2) through (4), (m), and (n).
5-506. BOARD OF AIRPORT ZONING APPEALS—ESTABLISHMENT
AND ADMINISTRATION.
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