(A) Purpose.
(1) The main purpose of this district is to ensure the compatibility between air and exercise operations associated with local military installations occurring at varying hours and land uses on properties nearby, in terms of potential interference with safe aircraft operations, potential threats from falling aircraft, potential impacts of noise, and potential adverse impacts of other military operations and practices, such as small arms and artillery training and exercises, and prescribed or controlled burning of forested land.
(2) Compatibility of land uses is encouraged within the five mile area surrounding the local military installation to further the purpose of the installation, as well as to preserve the quality of life of surrounding property owners. Compatibility of surrounding land uses may encourage wildlife preservation and reduce potential interference of light pollution.
(3) Prescribed or controlled burning typically takes place on managed lands as a method of reducing the risk of catastrophic fires on those and adjacent lands. Potential adverse effects of controlled burning includes risk to smoke-sensitive individuals as well as reduced visibility on public right(s)-of-way.
(B) District dimensions. The Military Corridor Overlay Zone shall be identified as including those properties located either fully or partially within five miles of the jurisdictional boundary of a military base.
(C) Permitted and special uses.
(1) The permitted uses shall be the same as those in the underlying zoning districts. The special uses shall be the same as those in the underlying zoning districts. Reasonable regulations within applicable aircraft noise zones, imaginary surfaces, and active airspace, are limited to the height of man- made structures, incompatible uses of land, and incompatible development activities.
(2) In addition to the standards set forth in this section, all uses and structures must comply with all other applicable local, state, and federal regulations, including Title 14, Part 77 CFR [Code of Federal Regulations]. Further, state level coordination is required for, but may not be limited to:
(a) Certain modifications to the zoning map or of permitted uses of land, if proposed within five miles of Fort Bragg (G.S. § 160D-601(b));
(b) Certain tall buildings and structures proposed within five miles of Fort Bragg (G.S. §§ 143-151.70 et seq.);
(c) Proposed wind energy facilities that require approval by the N.C. Department of Environmental Quality (G.S. §§ 143-215.115, et seq.).
(3) To the extent that there is a conflict between the terms of the RLUAC Coordination Agreement or this section and state law, state law shall prevail.
(D) Required review. To ensure compliance with G.S.§ 160D-601(b), notification to the military installation, by way of the Regional Land Use Advisory Council (RULAC) coordination agreement, shall be made on any adoptions or modifications to this section that may change or affect the permitted uses of land located within five miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions, site plans, telecommunications towers, windmills, and special use permits, located within the same distance. The military installation, via RULAC, shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination.
(E) Notification procedures. All plats for site plans and both residential and nonresidential subdivisions located within the Military Corridor Overlay Zoning District, including those for minor subdivisions and preliminary and final major subdivisions, shall include a statement indicating that such lots are located in the district. Further, the required statement shall indicate that homes within the overlay district may, from time to time, be subject to potential adverse effects of operations on the military installation.
(Ord. passed 10-17-2011; Res. passed 2-17-2014; Res. passed 11-16-2020; Res. 2021-35, passed 10-18-2021)