(a) Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or use their property not in accordance with the regulations prescribed in this chapter, may apply to the Department of Aviation for a variance therefrom. The variance may be granted by the Board of Supervisors following receipt of a report of the findings made by the Department of Aviation. Such variance 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 would do substantial justice and would be in accordance with the spirit of this chapter; provided, however, that any variance may be subject to such reasonable conditions and restrictions as the Board of Supervisors may deem necessary.

(b) When portions of a structure or a tree penetrate the airport protected airspace, and the Federal Aviation Administration has determined that such penetration is not a hazard to flight, a variance may be administratively approved by the Director of the Department of Aviation. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)