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Nothing contained in this subsection shall be construed as permitting or intending <br />to permit any construction, alteration, or growth of any structure or tree in excess <br />of any land use compatibility standards and limitations set forth in Section 6 (C). <br />(C) SUBMITTAL REQUIREMENTS AND DECISION <br />(1) Each airport zoning permit application shall indicate the purpose for which the <br />permit is desired and shall contain sufficient detail to permit the Planning Manager, <br />and /or other city staff, to determine the application's compliance with this <br />Ordinance's regulations. <br />(2) The Planning Manager shall approve and grant an airport zoning permit only upon <br />finding that the permit application complies with all application regulations in this <br />Ordinance, except those for which a Variance is approved according to Section 12. <br />(3) The Planning Manager shall not grant a permit that would allow the establishment <br />or creation of an airport hazard, or that would permit a nonconforming use, <br />structure, or tree to become a greater hazard to air navigation or safety to persons <br />or property on the ground than it was on the effective date of this Ordinance, as <br />amended, or than it is when the application for the permit is made. <br />SECTION 12: VARIANCES <br />(A) VARIANCES AUTHORIZED <br />Any person desiring to erect or increase the height of any structure, permit the growth of <br />any tree, or use his property not in accordance with the regulations stated in this <br />Ordinance, may apply to the Board of Adjustment for a variance from such regulations. <br />(B) REFERRAL TO STATE AERONAUTICS AGENCY <br />If applicable and required, the Zoning Board of Adjustment shall refer a variance <br />application to the relevant state, federal and/or local entities for review, comments, and <br />recommendation prior to the public hearing on the variance application. <br />(C) CRITERIA FOR VARIANCE REQUESTS <br />The Board of Adjustment shall approve a variance only when, based on substantial <br />evidence presented, the Board can make the following findings: <br />(1) A literal application or enforcement of this Ordinance's regulations would result in <br />practical difficulty or unnecessary hardship, and <br />(2) Relief granted would not be contrary to the public interest but do substantial justice <br />and be in accordance with the purposes of this Ordinance. <br />40 <br />