The Building Inspector shall refer to the Director of Public Works every application for a building permit or certificate of occupancy for a structure or use of land which has the potential of creating any condition listed below:

Such referral shall pertain to any use or structure in the Town which could or would create the conditions listed above. The Building Inspector should contact the Director of Public Works of Monroe County if he is unsure as to whether to submit a particular permit request.

The Director of Public Works of Monroe County, or his authorized designee, shall review the location and height of the proposed structure above ground level or, alternatively, examine the proposed use to determine if it would, in either case, result in one or more hazards to aircraft operations. In the event that in neither case would there be a hazard to aircraft operations, the Director or his designee shall notify the Building Inspector that the permit need only meet requirements of the local code or ordinance. In the event that it is found that either the height of the structure or the use would present a hazard to aircraft operations, the Director shall determine to what extent the hazards exist and what modifications should be made to eliminate or satisfactorily reduce the hazard. The results of the investigation, which may take into account existing structural heights and uses in the immediate vicinity of the permit in question, shall be transmitted to the Building Inspector. Such notification shall state that the application for building permit, for use or for certificate of occupancy is to be denied if the request is for a structure or use within one mile of the boundary of the airport, or the notification shall recommend that the permit application be denied if it is beyond the one-mile distance.

The Director or his designee shall have 30 days from the date of receipt of the request to render his decision; however, where it is not necessary to conduct a detailed investigation, the Director or his designee shall attempt to render a decision within 10 days. However, if no action is taken by the Director of Public Works or his designee within 30 days, then the application shall be deemed to have been approved.

Building permits and certificates of occupancy shall expire 18 months after issuance, unless provided otherwise in this chapter.

A nonconforming structure, natural object or use of land or structure existing as of March 12, 1965, may continue in existence without change; provided, however, that the owner of the structure, natural object or use may be required to install or may be required to permit the installation of markers and lights necessary to indicate the location of the hazard to aircraft operators in the vicinity of the airport.

Unless provided for otherwise elsewhere in this chapter, any structure or use of land which is nonconforming to the provisions of § 190-169B, C, D and E shall be considered to be abandoned when use has been voluntarily discontinued for a period of 24 months. When such is the case, as determined by the Building Inspector, any permit for reuse or occupancy or any building permit shall be subject to review as stipulated in the above-mentioned sections.

An appeal from a decision of the Director of Planning shall be made to the Monroe County Planning Board. The Board may affirm, modify or overrule such decisions.

The County Planning Board shall establish and make rules, regulations and the criteria for acting upon appeals.

Any person aggrieved by a decision of the Director of Public Works of Monroe County or his designee may appeal to the County of Monroe.

Variances may be granted where the literal enforcement of these regulations contained in this provision would result in practical difficulty or unnecessary hardship to the applicant, provided that it is found that relief from these provisions would not be contrary to the public interest and public safety and would conform to the spirit of this district. When determining whether a variance should be granted, prior existing structures and uses of land or structures which are nonconforming to the provisions of this district may be taken into consideration, when in the immediate vicinity of the site or use in question, in order to determine if the granting of the variance would result in a material increase of the airport hazard. When granting a variance the applicant may be required to meet any conditions necessary to protect the public health and safety.

Penalties for violations of § 190-169B, C, D and E and the subsequent sections of this district that implement these sections shall be the same as those required for the remainder of this chapter; provided, however, that a penalty of $500 shall be recovered by Monroe County in a civil action at the request of the Director of Public Works, whether in an action for a penalty or in action in equity for injunctive relief.