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structure or tree has been abandoned or more than 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. (4) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance from such regulations. Such vari- ances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. (5) Hazard 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 permit the Batesville Aviation Commission at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. SECTION VIII: ENFORCEMENT It shall be the duty of the Airport Manager to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Air- port Manager upon a form furnished by him. Applications required by this Ordinance to be submitted to the Airport Manager shall be promptly considered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith trans- emitted by the Airport Manager. - 10 -