2014-030 Cox Field Planned Development Airport Zoning Ordinance

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Any variance so allowed may be subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this Ordinance. See Section 19 of this Ordinance for the definition of the term "practical difficulty or unnecessary hardship." (D) VARIANCE CONDITIONS (1) Any variance that permits an incompatible noise — sensitive land use shall require as a condition of approval that sound insulation be installed to attenuate interior noise to a level determined acceptable and appropriate by the Board of Adjustment based on a recommendation from the Cox Field Airport Manager and /or the Planning Manager and /or his/her representative. (2) As a condition of any variance, the Zoning Board of Adjustment may require a non— suit covenant whereby the application agrees to refrain from filing any legal action against the airport sponsor or the City of Paris based on adverse noise, safety, or other impacts associated with the Cox Field airport. SECTION 13: ALLOWANCE FOR HAZARD MARKINGS AND LIGHTING (A) NONCONFORMING USES The owner of any nonconforming use, structure and/or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Planning Manager, Cox Field Airport Manager and/or the FFA, to indicate to the operators of aircraft in the vicinity of the airport the presence of an such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the owner of said non —conforming use, structure, and /or tree. (B) PERMITS AND VARIANCES In the grant of a variance or permit, the Zoning Board of Adjustment or Planning Manager may require the owner of the use, structure, or tree in question, at his/her own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of such airport hazard. The decision making — making body may impose such a condition if it finds that hazard markings and lighting is advisable to further the purposes of this Ordinance and is reasonable under the specific circumstances. SECTION 14: AVIGATION EASEMENTS AND REAL ESTATE DISCLOSURES (A) AVIGATION EASEMENTS The following uses shall dedicate an avigation easement to the City of Paris, Texas, as a condition of obtaining approval of an airport zoning permit or building permit: 41