A. Except as otherwise specifically provided in this section, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created under, by or pursuant to this chapter unless a permit therefor has been first applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit a determination of whether the resulting use, structure or tree will conform to the requirements of this chapter. If such determination is in the affirmative, the permit shall be granted.
B. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') high, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limitation prescribed for such zone.
C. In the areas lying within the limits of the precision instrument and utility approach zones but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runways, no permit shall be required for any tree or structure less than seventy five feet (75') high, except when such tree or structure would extend above the height limitations prescribed for such instrument or noninstrument approach zone.
D. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy five feet (75') high, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limitations prescribed for such transition zones.
E. Nothing contained in any of the foregoing provisions shall be construed as permitting any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by section 11-35-3 of this chapter, subject to the exception contained therein.
F. 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 be made or become higher, or become a greater hazard to air navigation, than it was on February 5, 1973, or than it is when the application for a permit is made. No permit shall be granted that would allow the establishment or creation of any use or structure which does not comply with Montana state air pollution standards. Except as indicated, all applications for such a permit shall be granted. (Ord. 2359, 5-20-1985)