11-35-6: PERMITS:

   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)

11-35-7: VARIANCES:

Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or to use his property, in a manner not in accordance with the provisions of this chapter, may apply to the airport board of adjustment for a variance from such provisions. Such a variance shall be granted where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and that the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter. (Ord. 2359, 5-20-1985)

11-35-8: ISSUANCE SUBJECT TO CONDITIONS:

If such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, any permit or variance granted may be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport hazard. (Ord. 2359, 5-20-1985)

11-35-9: ENFORCEMENT:

The director of building and safety is hereby designated and charged with the duty of administering and enforcing the provisions of this chapter. The duties of the director of building and safety shall include that of hearing and deciding all permits under the applicable section, but the director of building and safety shall not have or exercise any of the powers or duties delegated to the airport board of adjustment. (Ord. 2359, 5-20-1985)

11-35-10: AIRPORT BOARD OF ADJUSTMENT:

   A.   There is hereby created, under sections 67-6-206 and 76-2-321 through 76-2-328, Montana Code Annotated, an airport board of adjustment which shall possess and exercise the following powers:

      1.   To hear and decide appeals from any order, requirement, decision, or determination made by the joint city-county airport board in the enforcement of this chapter.

      2.   To hear and decide special exceptions to the provisions of this chapter upon which said airport board of adjustment under such provisions may be required to pass.

      3.   To hear and decide specific variances.

   B.   The airport board of adjustment shall consist of five (5) members, three (3) members appointed by the Lewis and Clark County commission and two (2) members appointed by the Helena city commission. Each member shall serve for a term of three (3) years and until a successor is duly appointed and qualified. Members may only be removed by the appointing authority for cause upon written charges after a public hearing. No member of the airport board of adjustment shall be a member of the joint city-county airport board.

   C.   The airport board of adjustment shall adopt rules for its governance and procedure consistent with the provisions of this chapter. Meetings of the airport board of adjustment shall be held at the call of the chairperson and at such other times as the airport board of adjustment may determine. The chairperson may administer oaths and compel the attendance of witnesses. All members of the airport board of adjustment shall be present at variance hearings. All hearings of the airport board of adjustment shall be public. The airport board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.

   D.   The airport board of adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts, in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.

   E.   The concurring vote of four (4) members of the airport board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the joint city- county airport board, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to grant any variance from the provisions or requirements of this chapter. (Ord. 2359, 5-20-1985)