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 this chapter, may apply to the Zoning Administrator for a variance from the requirements of this chapter. 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 variance 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 chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Administrator unless a copy of the application has been furnished to the Virgin Islands Port Authority for advice as to the aeronautical effects of the variance. If the Virgin Islands Port Authority does not respond to the application within fifteen (15) days after receipt, the Zoning Administration may act on its own to grant or deny said application.