<div class="chunk-title">Section VIII: - Permits.</div>
<div class="chunk-content">
            <p class="incr0">
               (A)
               </p>
            		
            <p class="content1">
               <span class="ital">Future uses.</span> Except as specifically provided in paragraphs 1, 2, 3 and 4 hereunder, no structure
               or tree shall be erected, altered, planted, or otherwise established in any zone hereby
               created unless a permit therefore shall have been applied for and granted. Permits
               for any type of construction exceeding the height restrictions in the city or county
               zoning ordinance may be requested by applying for a special form that may be obtained
               in the county building inspector's office. 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.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               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 75 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 zone.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               In the areas lying within the limits of the precision instrument and the non-precision
               instrument approach zones, but at a horizontal distance of not less than 4,200 feet
               from each end of the runways, no permit shall be required for any tree or structure
               less than 75 feet of vertical height above the ground except when such tree or structure
               would extend above the height limit prescribed for such precision instrument or non-precision
               instrument approach zones.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               In the areas lying within the limits of the transitional zones beyond the perimeter
               of the horizontal zone, no permit shall be required for any tree or structure less
               than 75 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.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               In the other areas of transitional zones, no permit shall be required for any tree
               or structure less than 75 feet of vertical height above the ground except where a
               lower height limitation has been established by the requirements of this ordinance,
               and the property owner has been notified by letter of such limitation. Such specific
               height limitation, upon determination and notification by certified mail to the property
               owner shall be incorporated in this ordinance by reference as if set forth in full.
               </p>
            		
            <p class="p0">
               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 ordinance as set forth
               in section IV.
               </p>
            <p class="incr0">
               (B)
               </p>
            		
            <p class="content1">
               <span class="ital">Existing uses.</span> No permit shall be granted that would allow the establishment or creation of any
               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 of this ordinance or any amendments thereto, or than it is when the application
               for a permit is made.
               </p>
            		
            <p class="incr0">
               (C)
               </p>
            		
            <p class="content1">
               <span class="ital">Nonconforming uses abandoned or destroyed.</span> Whenever the building inspector determines that a nonconforming structure or tree
               has been abandoned or more than 80 percent damaged, 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 these regulations.
               </p>
            		
            <p class="incr0">
               (D)
               </p>
            		
            <p class="content1">
               <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 his property, not in accordance with the regulations prescribed
               in this ordinance, may apply to the board of adjustment for a variance from such regulations.
               Special restrictions may be applied to the variance by the board of adjustment. Such
               variations shall be allowed where it is duly found that a literal application or enforcement
               of the regulations would result in practical difficulty or unnecessary hardship and
               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 ordinance.
               </p>
            		
            <p class="incr0">
               (E)
               </p>
            		
            <p class="content1">
               <span class="ital">Hazard 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 permit the board of
               commissioners of New Hanover County, State of North Carolina, at its own expense,
               to install, operate, and maintain thereon such markers and lights as may be necessary
               to indicate to flyers the presence of an airport hazard.
               </p>
            		</div>