A. Permit Required; Exceptions:
1. Permit Required: Except as specifically provided in the following subsections, 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 hereby created unless a permit therefor 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, structure, or tree would conform to the regulations herein prescribed. If such determinations is in the affirmative, the permit shall be granted.
2. Exceptions:
a. 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') of vertical height above the ground, except, when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zone.
b. In the areas lying within the limits of the noninstrument approach zones but at a distance of not less than five thousand feet (5,000') from each end of the runways, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limitation prescribed for such noninstrument approach zone.
c. 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') of vertical height except when such tree or structure, because of terrain, land contour, or topographic features would extend above the height limit prescribed for such transitional zones.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this chapter except as set forth in section 8-1-4 of this chapter.
B. Existing Uses: 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 the effective date hereof or any amendments hereto, or that existed when the application for a permit was made. Except as indicated, all applications for such a permit shall be granted.
C. Nonconforming Uses Abandoned Or Destroyed: Whenever the administrator determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
D. Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter, must obtain a permit from the administrator authorizing such action. Such variances shall be allowed where literal application or enforcement of this chapter would result in practical difficulty and unnecessary hardship and the relief granted would not be contrary to the public interest or create hazards to air flight. Any special permits may be allowed subject to such reasonable conditions as the administrator may deem necessary to effectuate the purposes of this chapter, including the condition that the owners of the structure or tree in question permit the political subdivision of this state having an interest in the McCall Municipal Airport to install, operate, and maintain, at its own expense, such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard. (Ord. 74-4, 10-15-1974)