§ 162.09  ISSUANCE OF A BUILDING PERMIT.
   The Ashe County Building Inspections Department shall not issue a building permit within an AHD-A, AHD-T, AHD-H, or AHD-C area until it has been determined that the proposal upon which they are requested to act is in compliance with the terms of these regulations.
   (A)   Future uses. Except as specifically provided in divisions (1), (2), and (3) hereunder, no material change shall be made in the use of land, and no structure shall be erected or otherwise established and no tree shall be planted in any district hereby created unless a permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information particularly to determine whether the resulting use or structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
      (1)   In the area lying within the limits of horizontal zone and conical zone, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground except when because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
      (2)   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
      (3)   In the areas lying within the limits of the transition zones, no permit shall be required for any tree or structures less than 100 feet above the ground, except when such tree or structure because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.
      (4)   Amateur radio operators must comply with Part 97 of FCC regulations.
   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration of any structure or growth of any tree in excess of any height limits established by this chapter except as set forth in § 162.06.
   (B)   Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
   (C)   Nonconforming uses, abandoned or destroyed. Whenever the county determines that a nonconforming tree or structure has been abandoned for 180 days, or more than 60% has been torn down, physically deteriorated or decayed, said structure or tree shall lose its nonconforming status and at such time shall be brought into compliance with this chapter.
   (D)   Variances. For no reason shall any variance be granted from the regulations of this chapter.
(Ord. passed 6-17-02)