67-4-313. Variance. (1) Any person desiring to erect or increase the height of a structure, permit the growth of a tree, or use property in violation of the rules adopted pursuant to this chapter may apply to the board of airport hazard adjustment for a variance from the rules.
     (2) A variance must be granted where a literal application or enforcement of the rules would result in substantial practical difficulty or unnecessary hardship and where the variance would not be contrary to the public interest.
     (3) A variance must be granted for a nonconforming use where there is no immediate hazard to safe flying operations or persons and property in the vicinity of the airport and where the noise or vibrations from normal and anticipated normal operations of the airport would not be likely to cause structural damage.
     (4) Within an airport influence area a person who obtains a variance for building a structure which is a nonconforming use under rules adopted pursuant to this chapter or a person who takes or buys property subject to a variance is on notice that the airport existed before the variance was granted and that normal and anticipated normal operations of the airport will result in noise and vibrations being projected over the property. A person using a structure built under a variance may not collect damages from a local government, an airport authority, an airport operator, or an airport owner for interference with the enjoyment of that structure caused by noise and vibrations from normal and anticipated normal airport operations.

     History: En. 1-733 by Sec. 10, Ch. 551, L. 1977; R.C.M. 1947, 1-733; amd. Sec. 4, Ch. 279, L. 1993.