<div class="chunk-title">SECTION VII. - PERMITS</div>
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               1.
               
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               <span class="ital">Future Uses.</span> Except as specifically provided in a, b, and c hereunder, no material change shall
               be made in the use of land, no structure shall be erected or otherwise established,
               and no tree shall be planted in any zone hereby created unless a permit therefore
               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 determination is in the affirmative, the
               permit shall be granted. No permit for a use inconsistent with the provisions of this
               Ordinance shall be granted unless a variance has been approved in accordance with
               Section VII, 4.
               
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            <p class="incr1">
               a.
               
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               In the area lying within the limits of the horizontal zone and conical zone, no permit
               shall be required for any tree or structure less than one hundred (100) feet 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 zones.
               
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               b.
               
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               In areas lying within the limits of the approach zones, but at a horizontal distance
               of not less than four thousand two hundred (4,200) feet from each end of the runway,
               no permit shall be required for any tree or structure less than one hundred (100)
               feet of vertical height above the ground, except when such tree or structure would
               extend above the height limit prescribed for such approach zones.
               
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               c.
               
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               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 one hundred (100) feet of vertical height above the ground, except when such
               tree or structure, because of terrain, land contour, or topographic features, would
               extend above the height limit prescribed for such transition zones.
               
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               Nothing contained in any of the foregoing exceptions shall be construed as permitting
               or intending to permit any construction, or alteration of any structure, or growth
               of any tree in excess of any of the height limits established by this Ordinance except
               as set forth in Section IV, 6.
               
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               2.
               
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               <span class="ital">Existing Uses.</span> No permit shall be granted that would allow the establishment or creation of an obstruction
               or permit a nonconforming use, structure, or tree to become a greater hazard to air
               navigation that it was on the effective date of this Ordinance or any amendments thereto
               or than it is when the application for a permit is made. Except as indicated, all
               applications for such a permit shall be granted.
               
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               3.
               
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               <span class="ital">Nonconforming Uses Abandoned or Destroyed.</span> Whenever the Enforcement Officer determines that a nonconforming tree or structure
               has been abandoned or more than eighty (80) percent 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.
               
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               4.
               
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               <span class="ital">Variances.</span> Any person desiring to erect or increase the height of any structure, or permit the
               growth of any tree, or use property, not in accordance with the regulations prescribed
               in this Ordinance, may apply to the Board of Appeals for a variance from such regulations.
               The application for variance shall be accompanied by a determination from the Federal
               Aviation Administration as to the effect of the proposal on the operation of air navigation
               facilities and the safe, efficient use of navigable airspace. Such variances shall
               be allowed where it is duly found that a literal application or enforcement of the
               regulations will result in unnecessary hardship and relief grant, will not be contrary
               to the public interest, will not create a hazard to air navigation, will do substantial
               justice, and will be in accordance with the spirit of this Ordinance. Additionally,
               no application for variance to the requirements of this Ordinance may be considered
               by the Board of Appeals unless a copy of the application has been furnished to the
               Federal Aviation Administration and the North Carolina Division of Aviation for advice
               as to the aeronautical effects of the variance. If the Federal Aviation Administration
               or the North Carolina Division of Aviation does not respond to the application within
               sixty (60) days after receipt, the Board of Appeals may act on its own to grant or
               deny said application.
               
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               5.
               
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               <span class="ital">Obstruction Marking and Lighting.</span> Any permit or variance granted may, if such action is deemed advisable to effectuate
               the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned
               as to require the owner of the structure or tree in question to install, operate,
               and maintain, at the owner's expense, such markings and lights as may be necessary.
               If deemed proper by the Board of Appeals, this condition may be modified to require
               the owner to permit the County of Martin, at its own expense, to install, operate,
               and maintain the necessary markings and lights.
               
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            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="15271" data-ordinance-id="673028">
                  Ord. of 10-8-2014(1)
                  </a>
               )
               
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