(a) Future Uses—No material change shall be made in the use of land, no structure shall be created or otherwise established, and no tree shall be planted in any zone created by this chapter, other than the conical zone and horizontal zone, unless a building permit therefor shall have been applied for and granted in accordance with this chapter, chapter 9 of this title, and Title 29, chapters 3 and 5, Virgin Islands Code, and unless a Notice of Proposed Construction shall have been filed with the Federal Aviation Administration in accordance with Part 77 of the Federal Aviation Regulations (14 CFR, Part 77) if so required by said regulations. Each application for such a permit shall, in addition to the requirements of Title 29, Virgin Islands Code, indicate the purpose for which such a permit is desired with sufficient particularity to determine whether the resulting use, structure, or tree would conform to the requirements of this chapter. The first two sentences of this subsection shall not apply to a building permit, or an application therefor, for any structure or tree in an area within the limits of the approach zones but at a horizontal distance of more than 4,200 feet from each end of the runway if such tree or structure is less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. Nothing contained in this subsection shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter except as set forth in subsection (f) of section 75 thereof. Nothing contained in this subsection shall be construed as exempting any person from obtaining a building permit if so required by the provisions of Title 29, chapter 3 or 5, Virgin Islands Code.
(b) Existing Uses—No building 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 chapter or any amendments thereto or than it is when the application for a building permit is made. Except as indicated, all applications for such a building permit shall not be granted.