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(A) In order to carry out the provisions of this subchapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Municipal Airport. The zones are shown on the Municipal Airport Zoning Map consisting of one sheet, representing the current version on file in the Surry County Zoning Department, which are attached to the ordinance comprising this subchapter and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.
(B) The various zones are hereby established and defined as follows.
(1) Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(2) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(3) Horizontal zone. The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(4) Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the transitional zone.
(Ord. eff. 6-9-2003)
(A) Except as otherwise provided in this subchapter, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this subchapter to a height in excess of the applicable height limit herein established for that zone.
(B) The applicable height limitations are hereby established for each of the zones in question as follows:
(1) Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline;
(2) Transitional zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 100 feet above the airport elevation, or at an elevation of 1,168 feet above mean sea level;
(3) Horizontal zone. Established at 100 feet above the airport elevation, or at an elevation of 1,168 feet above mean sea level;
(4) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 100 feet above the airport elevation and extending to a height of 300 feet above the airport elevation; and
(5) Excepted height limitations. Nothing in this subchapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land. Height shall be measured from the highest point on the ground along the periphery of the structure or tree to the highest point on the structure or tree.
(Ord. eff. 6-9-2003)
No use may be made of land or water within any zone established by this subchapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(Ord. eff. 6-9-2003) Penalty, see § 92.99
(A) Regulations not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this subchapter or any amendment thereto, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this subchapter, and is diligently prosecuted.
(B) Marking and lighting. Notwithstanding the preceding provision (division (A) of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of markers and lights as shall be deemed necessary by the town to indicate to the operators of aircraft in the vicinity of the airport the presence of these airport obstructions. The markers and lights shall be installed, operated and maintained at the expense of the town.
(Ord. eff. 6-9-2003)
(A) Future uses.
(1) Except as specifically provided in divisions (A)(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this subchapter shall be granted unless a variance has been approved in accordance with division (D) below.
(a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 70 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, the tree or structure would extend above the height limits prescribed for those zones.
(b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 70 feet of vertical height above the ground, except when the tree or structure would extend above the height limit prescribed for the approach zones.
(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 70 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the transition zones.
(2) Nothing contained in any of the foregoing exceptions 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 subchapter except as set forth in § 92.48(B)(5). In the event a tree is allowed to grow in excess of the height limits established by this subchapter, except as set forth in § 92.48(B)(5), the tree shall be removed, topped, trimmed or otherwise modified to bring into compliance with this subchapter. If the Mayor or his or her designee determines that the tree adversely affects the safe use of the airport, the town will pay for the direct cost to remove, top, trim or otherwise modify the tree to bring into compliance with this subchapter.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport obstruction that is a hazard to air navigation 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 that it is when the application for a permit is made. Except as indicated, all applications for the permit shall be granted.
(C) Nonconforming uses abandoned or destroyed. Whenever the Mayor determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(D) 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 prescribed in this subchapter, may apply to the Board of Adjustment for a variance from the 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. 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 this subchapter. Additionally, no application for variance to the requirements of this subchapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the County Manager for advice as to the aeronautical effects of the variance. If the County Manager does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to deny the application.
(E) Obstruction marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the town at its own expense to install, operate and maintain thereon any marking and lights as may be necessary.
(F) Permits. The Administrator shall review all applications for development to ensure compliance with all regulations of this subchapter. All applications shall be complete prior to review by the Administrator. The Administrator in his or her discretion may request that additional information be submitted as necessary to ensure a thorough and complete review of the application. All applications shall be submitted with a nonrefundable fee in accordance with a fee schedule adopted by the Surry County Board of Commissioners.
(Ord. eff. 6-9-2003)
It shall be the duty of the County Manager to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form published for that purpose. Applications required by this subchapter to be submitted to the County Manager shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the County Manager.
(Ord. eff. 6-9-2003)
(A) There is hereby created a Board of Adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the County Manager in the enforcement of this subchapter;
(2) To hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under these regulations may be required to pass; and
(3) To hear and decide specific variances.
(B) The Board of Adjustment shall consist of five members appointed by the Board of Commissioners and each shall serve for a term of three years and until a successor is duly appointed and qualified.
(C) The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this subchapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at other times as the Board of the Adjustment may determine. The Chairperson or, in the absence of the Chairperson, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Appeals shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the County Clerk and on due cause shown.
(D) The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
(E) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the County Manager or decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to effect variation to this subchapter.
(Ord. eff. 6-9-2003)
(A) Any person aggrieved or any taxpayer affected by any decision of the County Manager, made in the administration of this chapter, may appeal to the Board of Adjustment.
(B) All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the County Manager a notice of appeal specifying the grounds thereof. The County Manager shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the County Manager certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the County Manager cause imminent peril to life or property. In that case, proceedings shall not be stayed except by the order of the Board of Adjustment or notice to the County Manager and on due cause shown.
(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make any order, requirement, decision or determination as may be appropriate under the circumstances.
(Ord. eff. 6-9-2003)
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