Airport Hazard Zone (AHZ)

A. Purpose. It is hereby found and declared that airport hazards may endanger the lives and property of users of the airport and of occupants of land and other persons in its vicinity. The creation or establishment of an airport hazard is a public nuisance and an injury to the community. It is necessary in the interest of public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.
B. Height restriction. Within an airport hazard zone overlay district, the height of structures and trees shall be restricted to a height below the airport approach plan as prepared by the Rhode Island Airport Corporation for the North Central Airport. All new construction or alteration that increases the height of an existing structure shall supply a site plan. This site plan shall display the altitude of the land above mean sea level and shall clearly note the height of the structure above mean sea level. Additionally, the applicant shall provide the distance between the structure and the end of the airport runway and the direction of the airport, and such distances shall be clearly noted on the site plan.
C. Existing hazards. This overlay zone shall not require the removal, lowering or other change or alteration of any structure not in conformance prior to the adoption of the overlay zone.
D. Replacing nonconforming structures. Before a nonconforming structure may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a special permit shall be granted from the Zoning Board of Review. No permit shall be granted that would allow the structure in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted.
E. Abandonment. Whenever the Zoning Enforcement Officer determines that a nonconforming structure has been abandoned as defined in § 260-54K of this chapter, or more than 80% torn down, destroyed, deteriorated, or decayed: 1) no permit shall be granted that would allow the structure to exceed the applicable height limit or otherwise deviate from the zoning regulations; and 2) whether application is made for a permit under this section or not, the Zoning Enforcement Officer may by appropriate action compel the owner of the nonconforming structure, at his own expense, to lower, remove, reconstruct or equip the object as may be necessary to conform to the height limit or, if the owner of the nonconforming structure shall neglect or refuse to comply with such order for 10 days after notice thereof, the Zoning Enforcement Officer may proceed to have the object so lowered, removed, or reconstructed, or equipped and assess the cost and expense thereof upon the object or the land whereon it is located. Unless an assessment is paid within 90 days from the service of notice thereof on the agent or owner of the object or land, the sum shall bear interest at the rate of 10% per annum until paid, and shall be collected in the same manner as are general taxes.
F. Variances for airport hazards. Any person desiring to erect any structure, or increase the height of any structure, or otherwise use his property, in violation of the height restriction may apply to the Zoning Board of Review for a variance from the limitation. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations of Chapter 3 of Title 1 of the Rhode Island General Laws.
G. Standards for approval. In granting any permit or variance, the reviewing board or agency may, if it deems the action advisable and reasonable in circumstance, condition the permit or variance to require the owner of the structure or tree in question to permit the Town, at the property owner's expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.