1. Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered, but no such permit shall be required to make maintenance repairs to any existing structure, or to replace parts of any existing structure, which repairs or replacements do not substantially enlarge or increase the height of an existing structure.
2. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement or change.
3. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.
4. Except as provided herein, all applications for permits shall be granted.
[11:205:1947; 1943 NCL § 5064.11]