§ 150.21  PERMITS AND VARIANCES.
   (A)   Determination whether certificate is required.  If the Dare County Building Inspector receives an application for a building permit affecting property within the Airport Overlay (AO) District, and if such application indicates that a proposed structure will be more than 50 feet tall as measured from ground level,  the Dare County Building Inspector shall inform the applicant that the application cannot be approved by the Dare County Building Inspector until the applicant receives a Tall Structure Certificate from the Dare County Airport Authority.
   (B)   Tall structure certificate required for future uses.  If the Dare County Building Inspector determines that a proposed structure requires a Tall Structure Certificate, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in the Airport Overlay (AO) District unless a Tall Structure Certificate shall have been applied for and granted by the Dare County Airport Authority.  Each application for a Tall Structure Certificate shall be upon a form published for that purpose and shall indicate the purpose for which the Tall Structure Certificate is desired, with sufficient particularity so that the Dare County Airport Authority can determine whether the resulting use, structure, or tree would conform to the regulations of the Airport Overlay (AO) District. If the Dare County Airport Authority determines that the resulting use, structure, or tree would conform to the regulations of the Airport Overlay (AO) District, the Dare County Airport Authority shall issue a Tall Structure Certificate to the applicant.  Upon the issuance by the Dare County Airport Authority of the Tall Structure Certificate, the Dare County Building Inspector may consider all requirements of the Airport Overlay (AO) District as having been met.  The Dare County Airport Authority shall not issue a Tall Structure Certificate for a use that is inconsistent with the provisions of the Airport Overlay (AO) District, unless a variance has been approved in accordance with division (E) of this section.
   (C)   Existing uses.  The Dare County Airport Authority shall not grant a Tall Structure Certificate 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 subchapter or any amendments thereto or than it is when the application for a Tall Structure Certificate is made. 
   (D)   Nonconforming uses abandoned or destroyed.  Whenever the Dare County Airport Authority determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, the Dare County Airport Authority shall not grant a Tall Structure Certificate that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the requirements of the Airport Overlay (AO) District.
   (E)   Variances.  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 the regulations of the Airport Overlay (AO) District, may apply to the Dare County Board of Adjustment for a variance from such regulations.  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 variances 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 the Airport Overlay (AO) District.  No application for variance to the requirements of the Airport Overlay (AO) District may be considered by the Dare County Board of Adjustment unless a copy of the application has been furnished to the Dare County Airport Authority for advice as to the aeronautical effects of the variance.  Upon receipt of a copy of such application, the Dare County Airport Authority may consult with the North Carolina Department of Transportation—Division of Aviation, and the Federal Aviation Administration, regarding the aeronautical effect of the proposed variance.  The Dare County Airport Authority shall have up to 90 days to present its response to the Dare County Board of Adjustment.  During such 90-day period, the Dare County Airport Authority  may study the application and obtain such comments and approvals from the North Carolina Department of Transportation—Division of Aviation and the Federal Aviation Administration, as may be requested by the Dare County Airport Authority.  If the Dare County Airport Authority has not completed its review and/or has not received such comments and approvals from the North Carolina Department of Transportation—Division of Aviation and the Federal Aviation Administration during such 90-day period, the Dare County Airport Authority may file with the Dare County Board of Adjustment within such 90-day period, a request for an extension of time to complete its review of the application, which extension request shall be granted or denied by the Dare County Board of Adjustment.  If the Dare County Airport Authority does not present its response or request for extension to the Dare County Board of Adjustment within such 90-day period, the Dare County Board of Adjustment may act on its own to grant or deny said application.
   (F)   Obstruction marking and lighting.  Any Tall Structure Certificate or variance granted by the Dare County Airport Authority may, if such action is deemed advisable to implement 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 install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary.  If deemed proper by the Dare County Airport Authority, this condition may be modified to require the owner to permit the Dare County Airport Authority at its own expense, to install, operate, and maintain the necessary markings and lights.
(Ord. passed 4-4-2005)