§ 6. Permits and variances.

(1)

Permits. No material change shall be made in the use of land, no nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted in any zone created in section 2 of this ordinance, without a permit therefor. Application for such permit shall be made to the city engineer, and shall indicate the use for which the permit is desired, with sufficient particularity to permit it to be determined whether such use would conform to the regulations prescribed by this ordinance. If such determination is in the affirmative, the city engineer shall issue the permit applied for.

(2)

Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of this ordinance, may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations of this ordinance would result in practical difficulty or unnecessary hardship, and the relief granted shall not be contrary to the public interest, but do substantial justice and be in accordance with the spirit of this ordinance; provided, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purpose of this ordinance.

(3)

Hazard marking and lighting. In granting any permit or variance under this section, the city engineer or the board of adjustment may, if it deems such action advisable to effectuate the purpose of this ordinance and reasonable in circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the city, 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.