§ 17.34.050. Permit requirements.

A.

Application for Permit. Each application for a permit shall be submitted to the zoning officer, and shall indicate the purpose for which the permit is desired, with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted, but the permit shall not be granted for any use, structure or tree which would violate any airport zone.

B.

Future Uses. No material change shall be made in the use of land and no structure or tree, exceeding twenty-five feet in height above the surface of the land in approach zones within twenty-five hundred feet of the ends of the primary surfaces, or exceeding fifty feet in height above the surface of the land in other areas, shall be erected, altered, planted, or otherwise established or allowed to exist in any zone created by this chapter unless a permit therefor has been applied for and granted.

C.

Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this title, or any amendments thereto, or than it is when the application for a permit is made.

D.

Nonconforming Uses Abandoned or Destroyed. Whenever the zoning officer determines that a nonconforming tree or structure has been abandoned or more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limits or otherwise deviate from the zoning regulations.

E.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this title, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this title.

F.

Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this title and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit Butte-Silver Bow, state of Montana, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(Ord. 53 § 160-5, 1978)