The Common Council deems it necessary to adopt these regulations as an exercise of the police power in order to promote the health, safety and general welfare of the inhabitants of the City by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Hornell City Airport and the occupants of the land in the vicinity of said airport and the public investment therein.

Except where the context otherwise requires, the following definitions shall govern the construction of this article:

Six types of zones, and the height limits for said zones, are hereby established for the purpose of airport zoning. Except as otherwise provided in this article no structure or tree shall be erected, altered, allowed to grow or maintained in any zone to a height in excess of the height limit established for such zone. The datum plane for measurement of such height in excess of the height limit established for such zone. The datum plane for measurement of such height, except as otherwise specified herein, shall be based on the airport elevation, as defined by § 315-42. Said zones are as follows:

The provisions of this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree which did not conform to the provisions of this article at the time this article was made applicable or to authorize interference with the continuance of any such nonconforming use except as provided in § 315-43. Nothing contained in this article shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was commenced prior to the date this article was made.

Before that portion of any nonconforming structure which exceeds the height limitation established by the Airport Master Plan and § 315-43 may be structurally altered and before any nonconforming structure or tree may be replaced, reconstructed, allowed to grow higher or replanted, a permit must be secured from the Zoning Board authorizing such structural alteration, replacement, reconstruction or change. Those portions of an existing nonconforming structure below the applicable height limitations may be structurally altered, repaired and added to, and those portions of an existing nonconforming structure above the applicable height limitation may be repaired and minor replacements made therein, without securing such a permit unless such structural alteration, repair, addition or minor replacement would increase the height of the structure or enlarge that portion of the structure which exceeds the applicable height limitation. No such permit shall be granted that will 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 on the date that this article was made applicable to the airport or than it was when the application for a permit was made, but all other applications for such permits shall be granted.

If practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this article result through the strict and literal interpretation and enforcement of this article then the Zoning Board shall have the authority to grant a variance from the provisions of this article such as may be in harmony with its general purpose and intent, so that the spirit of this article shall be observed, public safety and welfare served and substantial justice done.

The Zoning Board shall grant a permit or a variance under the provisions of this article only upon the filing of a written application therefore by the owner of the real property affected or his authorized representative. The Zoning Board shall prescribe the form of applications for such permits and variances. At the time of filing his application, the applicant shall pay a fee to defray the expense of postage, publication and the mailing of the notice of hearing, and other expenses incidental to the proceedings. The amount of said fee shall be established, and may be modified from time to time, by resolution of the Common Council. No part of said fee shall be returned to the applicant regardless of whether the applicant subsequently withdraws his application for such permit or variance.

Before granting a permit or variance the Zoning Board shall hold at least one public hearing. Notice of such public hearing shall be given by publishing a notice of such hearing setting forth the time and place of the hearing and the nature of the permit or variance requested, in a newspaper of general circulation published in the City, once, not less than 10 days prior to the date of such public hearing, and by mailing a copy of the published notice of said hearing, not less than 10 days prior to the date of such public hearing, to the management of the airport affected and to all owners of property within 300 feet of the exterior boundaries of the property on which the structure or tree is located for which the permit or variance is requested. When mailing notices of said hearings to the property owners, the Zoning Board shall use the last known names and addresses of such owners as the same are shown on the assessment roll of Hornell City. After the public hearing the Zoning Board shall, by resolution, grant or deny the permit or variance and said resolution shall recite in full the findings upon which the Zoning Board granted or denied such permit or variance. A copy of such resolution shall be mailed to the applicant at the address shown upon the written application and to the appropriate airport management. A copy of such resolution shall also be delivered to the Common Council. The action of the Zoning Board on an application for a permit or variance shall be final and conclusive 10 days after said resolution is mailed to the applicant.

Any variance or permit granted pursuant to the provisions of this article may be allowed subject to any reasonable conditions that the Zoning Board may deem necessary to effectuate the purpose of this article. If such action is deemed advisable to effectuate the purpose of this article and reasonable under the circumstances, any such variance or permit may be so conditioned as to require the owner of the structure or tree to permit the appropriate airport management, at its own 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. Any variance or permit which is granted, subject to any conditions, shall be deemed to be automatically revoked if any of the conditions are violated.

If there is a conflict between this article and any other laws or ordinances applicable to the same area or parcel of land, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

Every person violating any provision of this article or of any permit or variance granted pursuant to this article is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $300 or by imprisonment in the county jail for not more than 15 days, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, and shall be punishable therefore as hereinabove provided.