(A) Future uses.
(1) Except as specifically provided in divisions (A)(1)(a) through (A)(1)(c) below, 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 the 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 § 150.033(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 § 150.033(B)(5), the tree shall be removed, topped, trimmed, or otherwise modified to bring into compliance with this subchapter. If the County Manager or his or her designee determines that the tree adversely affects the safe use of the airport, the county 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 such a permit shall be granted.
(C) Nonconforming uses abandoned or destroyed. Whenever the County Manager 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. The 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 Lincolnton-Lincoln County Regional Airport Authority, at its own expense, to install, operate, and maintain thereon the marking and lights as may be necessary.
(F) Permits. The Director of Development Services (the “Director”) 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 Director. The Director, 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 Board of Commissioners.
(G) Penalty. Any person found to be in violation of this subchapter shall be subject to the penalties as provided in UDO § 11.2.
(Ord. passed 11-5-2001; Ord. passed 3-21-2022)