In order to effectuate the intent and provisions of this chapter, there is hereby created and established the airport noise influence district. This district is shown on the official zoning map for the city of Helena, and its boundaries have been defined by ordinance. (Ord. 2359, 5-20-1985)
In addition to those uses prohibited in those other districts overlain by this district, the following uses are also prohibited in this district:
A. Hospitals, convalescent homes and related health care facilities which provide either permanent or temporary housing of patients.
B. Multi-family rental housing intended primarily for the elderly.
C. Schools, except schools directly associated with the permitted land uses (such as the airport vocational technical center).
D. Libraries, except those directly associated with permitted schools.
E. Theaters and other indoor or outdoor facilities for the performing arts. (Ord. 2359, 5-20-1985)
The provisions of this chapter shall not be construed to require the removal or alteration of any structure not conforming to these provisions as of October 26, 1981, or otherwise interfere with the continuance of any nonconforming use in existence on said date. Nothing herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to such adoption and was diligently pursued. Further, any such nonconforming use may be reconstructed not to exceed its original size following its total or partial destruction. (Ord. 2359, 5-20-1985)
A. Except as specifically provided in this chapter, no material change shall be made in the use of land and no structure shall be erected, altered or otherwise established, unless a permit therefor is first applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to allow a determination as to whether the resulting use or structure would conform to the provisions of this chapter. If such determination is in the affirmative, the permit shall be granted.
B. Whenever the joint city-county airport board determines that a nonconforming structure has been vacated or abandoned for more than three hundred sixty five (365) days or is more than fifty percent (50%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure to be in violation of the land use regulations established in this chapter, except as provided in section 11-36-4 of this chapter. In addition, no existing structure shall be substantially altered so as to violate such regulations.
C. Any person desiring to erect any structure or use property not in accordance with the provisions of this chapter, may apply to the airport board of adjustment for a variance. A variance shall be granted where said board finds, after hearing, that a literal application or enforcement of this chapter would result in practical difficulty or unnecessary hardship, and that the relief requested would not be contrary to the public interest or safety, but would do substantial justice and be in accordance with the spirit of the regulations established by this chapter.
D. If such action is deemed advisable to effectuate the purpose of this chapter, the airport board of adjustment or joint city-county airport board may condition the granting of any permit or variance upon such conditions which it deems appropriate and reasonable. The Lewis and Clark County special zoning district enforcement officer and the city of Helena department of building and safety shall provide staff input to the joint city-county airport board and the airport board of adjustment. In this capacity, said officer and department shall conduct all necessary investigations, prepare staff reports and provide testimony for hearings in regard to all requests for permits or variances pursuant to this chapter. (Ord. 2359, 5-20-1985)
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