article 2 design and development standards - Spartanburg County

Section 2.04-7Lighting RegulationsNo use, subdivision, or project in the Airport District shall have outdoorlighting or illumination arranged and/or operated in such a manner as to bemisleading or pose a danger to aircraft operations.Section 2.04-8Regulations Applicable to Existing StructuresThe owner of any existing structure or vegetation that is currentlypenetrating any airport zone surface shall permit the installation, operation, andmaintenance thereon of whatever markers and lights deemed necessary by theFederal Aviation Administration, or the South Carolina Aeronautics Commissionto indicate to the operators of aircraft in the vicinity of an airport the presence ofan airport obstruction. These markers and lights shall be installed, operated, andmaintained at the expense of the Airport Operator.However, the regulations prescribed in this Section shall not be construedto require the removal, lowering, or other change or alteration of any existingstructure or tree not conforming to the regulations as of the effective date of thisOrdinance, or otherwise interfere with the continuance of an existing use.Nothing contained herein shall require any change in the construction,alternation, or intended use of any structure, the construction or alteration ofwhich was begun prior to the effective date of this Ordinance, and is diligentlyprosecuted.Section 2.04-9VariancesAny person desiring to erect or increase the height or size of any structurenot in accordance with the regulations prescribed in this Section may apply for avariance from such regulations to the Board of Appeals (the Board), in accordwith the provisions of Article 1. The Application for a variance shall beaccompanied by a determination from the Federal Aviation Administration as tothe effect of the proposal on the operation of air navigation facilities and the safe,efficient use of navigable airspace.Additionally, no application for a variance to the requirements of thisOrdinance may be considered by the Board unless a copy of the application hasbeen furnished to the Airport Operator for advice as to the aeronautical effects ofthe variance. If the Airport Operator does not respond to the application within15 days after receipt, the Board may act on its own to grant or deny theapplication for a variance.Any permit or variance granted, if such action is deemed advisable toeffectuate the purpose of this Ordinance and be reasonable in thecircumstances, may be so conditioned as to require the owner of the structure in2-52