§ VIII. Permits.

(a)

Future uses. Except as specifically provided in paragraphs (1) and (2) hereunder, no material change shall be made in the use of land and no structure shall be erected, altered, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted by the Town of New Roads/Parish of Pointe Coupee as hereinafter provided for. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. A copy of each permit application when filed shall also be sent by the governing authority by certified mail to the assistant secretary, office of aviation and public transportation, state department of transportation and development.

(1)

However, a permit for a tree or structure of less than seventy-five (75) feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred (4,200) feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit or not be of a land use prescribed for the respective zone.

(2)

Nothing contained in this foregoing exception 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 limitations established by this ordinance as set forth in section IV or violate any land use limitation set forth in section V.

(b)

Existing uses: 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 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. Except as indicated, all applications for such a permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed: Whenever the Town of New Roads/Parish of Pointe Coupee 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.

(d)

Variances: 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 appeal 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 granted 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 assistant secretary, office of aviation and public transportation, state department of transportation and development and to the Town of New Roads/Parish of Pointe Coupee for advice as to the aeronautical effects of the variance. If the Town of New Roads/Parish of Pointe Coupee does not respond to the application within fifteen (15) days after receipt, the board of appeals may act on its own to grant or deny said application.

(e)

Obstruction marking and lighting. 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 appeal, this condition may be modified to require the owner to permit the Town of New Roads/Parish of Pointe Coupee, at its own expense, to install, operate, and maintain the necessary markings and lights.