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)