A. Future Uses. No material change shall be made in the use of land, no structure shall be erected or otherwise established, in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of the ordinance codified in this chapter shall be granted unless a variance has been approved in accordance with subsection D of this section.
B. Existing Uses. No permit shall be granted that would allow a nonconforming use to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in 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 Blaine County airport board determines that a nonconforming use has been abandoned, no permit shall be granted that would allow such use to deviate from the zoning regulations without submitting an application to the board of adjustment for a variance.
D. Variances. Any person desiring to use property, not in accordance with the regulations prescribed in the ordinance codified in this chapter, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of the ordinance codified in this chapter. An application for variance to the requirements of the ordinance codified in this chapter will be considered by the board of adjustment, which will act to grant or deny said application.
(Ord. 494 § 7, 2003).