A. No structure shall be erected or otherwise established in any zone created by this chapter unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which it is desired with sufficient specificity to determine whether the resulting structure would conform to the regulations prescribed in this chapter. No permit for a structure inconsistent with this chapter shall be granted unless a variance has been approved as provided in subsection D of this section.

B. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter or any amendments thereto or than it was when the application for a permit was made.

C. Whenever the administrator determines that a nonconforming structure has been abandoned or more than fifty (50) percent destroyed, physically deteriorated or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the regulations contained in this chapter.

D. Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this chapter may apply for a variance from such regulations to Colleton County council sitting as the airport safety appeals board. 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. A variance shall be allowed when it is duly found that a literal application or enforcement of the regulations would result in unnecessary hardship and relief granted would not be contrary to the public interest, would not create a hazard to air navigation, would do substantial justice, and would be in accordance with the spirit of this chapter.

E. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be deemed necessary. (Ord. 92-O-22 § 7, 1992)