(A) Thoroughfare Overlay District (TO). To protect the rural character and natural environment of the area and to provide attractive highway corridors and gateways to our communities, the Thoroughfare Overlay District is created. It is the goal of this district to enhance the attractiveness of the area to visitors and residents alike. In all instances, coordination with the N.C. Department of Transportation will be encouraged and policies and recommendations of NCDOT will be taken into consideration when administering this section.
(1) Thoroughfare corridor designation and underlying zoning.
(a) The Thoroughfare Overlay District is hereby established as a district which overlays the zoning in every district along and on either side of U.S. Highway 52/Interstate 74 from the northern point of the Town of Pilot Mountain’s extraterritorial jurisdiction (ETJ), south to the Stokes County line.
(b) The development of any new off-premises sign and/or billboard within a designated Thoroughfare Overlay District shall be prohibited after the adoption of this chapter.
(2) The Thoroughfare Overlay District shall be measured beginning from the edge of the public right-of-way on both sides of the thoroughfare. The type of thoroughfare will determine the size of the district:
(a) Interstates: 660 feet;
(b) United States highways: 500 feet;
(c) North Carolina highways: 400 feet; and
(d) Other state-maintained roads: 300 feet.
(B) Scenic Byway Overlay (SBO). To protect the rural character and natural environment of the area and to provide attractive highway corridors and gateways to our communities, the Scenic Byway Overlay is created pursuant to G.S. § 160D-703(a)4. It is the goal of this district to establish physical design as an important factor in the approval of non-residential uses along the roadway to assure compatibility with neighboring properties; to provide recreational experiences; and to preserve the exceptional intrinsic qualities of the route as described in the Sauratown Mountains Scenic Byway Corridor Management Plan. In all instances, coordination with the N.C. Department of Transportation will be encouraged and policies and recommendations of NCDOT will be taken into consideration when administering this section.
(1) Overlay designation and underlying zoning.
(a) The Scenic Byway Overlay is hereby established as a district which overlays the zoning in every district along and on either side of the Sauratown Mountains Scenic Byway within the jurisdiction of Surry County.
(b) The Scenic Byway Overlay District extends 600 feet on both sides of the centerline of the Byway.
(c) The boundary of the district is delineated on the official zoning map of Surry County.
(2) Land use and development.
(a) All non-residential land uses proposed for the Overlay after the effective date of this chapter require the approval of a special use permit. In addition to the site plan requirements of §§ 154.012, applications shall include proposed building elevations, building materials, and landscaping. Site plans shall be prepared in a way to respect and protect as much as possible the intrinsic qualities of the Byway in the area of the proposed land use.
(b) Principal and accessory residential uses are exempt from the requirements of this section.
(c) When there is a conflict between the underlying zoning and the requirements of the Scenic Byway Overlay the stricter shall apply.
(3) Design and development standards. Design and development standards shall be consistent with the Sauratown Mountains Scenic Byway Corridor Management Plan.
(C) Watershed Overlay District (WO). The Watershed Overlay District is hereby established to identify on the zoning map those areas of the county that are in the district. Any parcel or lot that falls within a Watershed Overlay District shall be required to adhere to the requirements of §§ 154.017 and this code of ordinances, as amended. The following watersheds (which include their critical and protected areas, as well as the balance of the watershed areas) in Surry County are included in the Watershed Overlay District: The watershed areas are established and described in §§ 154.017.
(1) Fisher River: WS-II.
(2) Elkin Creek: WS-II.
(3) Tom’s Creek: WS-II.
(4) Stewart’s Creek: WS-IV.
(5) Lovill’s Creek: WS-IV.
(6) Ararat River: WS-IV; and
(7) Yadkin River-King: WS-IV.
(D) Elkin Municipal Airport Overlay District (AO-1). The Elkin Municipal Airport Overlay District (AO-1) is hereby established to identify on the zoning map areas in the vicinity of the Elkin Municipal Airport that are critical to air navigation. This section is adopted pursuant to the authority conferred by G.S. Ch. 63, Art. 4. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Elkin Municipal Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Elkin Municipal Airport; and that an obstruction may in effect reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Elkin Municipal Airport and the public investment therein, and is therefore not in the interest of the public safety or general welfare chapter, there are hereby created and established certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Elkin Municipal Airport. Such zones are shown on the Elkin Municipal Airport height restriction zones map consisting of one sheet representing the current version on file in the Surry County Development Services Department and made a part hereof. An area located in more than one of the following zones is only in the zone with the more restrictive height limitation.
(1) The various zones are hereby established and defined as follows:
(a) Runways larger than utility with a visibility minimum greater than three-fourths mile non-precision 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.
(b) Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
(c) 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.
(d) 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.
(2) Airport zone height limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(a) Runway larger than utility with a visibility minimum greater than a mile non-precision 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.
(b) 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.
(c) Horizontal zone: established at 100 feet above the airport elevation, or at an elevation of 1,168 feet above mean sea level.
(d) 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.
(e) Excepted height limitations. Nothing in this section 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.
(3) Use restriction. No use may be made of land or water within any zone established by this chapter 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.
(4) Non-conforming uses.
(a) Regulations not retroactive. The regulations prescribed by this chapter 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 chapter or any amendment thereto, or otherwise interfere with the continuance of a non-conforming 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 chapter and is diligently prosecuted.
(b) Marking and lighting. Notwithstanding the preceding provisions above, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated, and maintained at the expense of the Town of Elkin.
(5) Permits. Except as specifically provided in divisions (a), (b) and (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 such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with §§ 154.010.
(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, such tree or structure would extend above the height limits prescribed for such 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 such tree or structure would extend above the height limit prescribed for such 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 such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.
(d) 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 divisions (C)(2), (C)(3) and (C)(4) above. In the event a tree is allowed to grow in excess of the height limits established by this subchapter, except as set forth in divisions (C)(2), (C)(3) and (C)(4) above, said tree shall be removed, topped, trimmed or otherwise modified to bring into compliance with this subchapter. If the Zoning Administrator or his or her designee determines that the tree adversely affects the safe use of the airport, the Town of Elkin will pay for the direct cost to remove, top, trim or otherwise modify said tree to bring into compliance with this subchapter.
(6) 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 chapter 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.
(7) Non-conforming uses abandoned or destroyed. Whenever the Surry County Zoning Administrator determines that a non-conforming tree or structure has been abandoned or more than 80% 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.
(8) 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 section, may apply to the 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 this section. Additionally, no application for variance to the requirements of this section may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Zoning Administrator or his or her designee for advice as to the aeronautical effects of the variance. If the Zoning Administrator or his or her designee does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to deny said application. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations or subchapters of this chapter applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. The divisions (D)(4) and (E)(3), pertaining to variances that apply to all lands within the AO-1 overlay zoning district, shall not interfere or supersede those requirements found in §§ 154.010 but shall serve as an extension of those requirements.
(9) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter 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 of Elkin at its own expense, to install, operate and maintain thereon such marking and lights as may be necessary.
(10) Permits. The Zoning Administrator shall review all applications for development to ensure compliance with all regulations of this chapter. All applications shall be complete prior to review by the Administrator. The Administrator, at 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 non-refundable fee in accordance with a fee schedule adopted by the Surry County Board of Commissioners.
(E) Mount Airy/Surry County Airport Overlay District (AO-2). The AO-2 District is established as an overlay district in the vicinity of the Mount Airy/Surry County Airport. The purpose of this district is to protect the airport environs from encroachment of incompatible land uses which present hazards to users of the airport as well as to persons residing or working in the airport vicinity. The regulations imposed in the AO-2 District are designed to place height restrictions on buildings, structures, and trees. It is the intent of this section to restrain influences which are adverse to the property and safe conduct of aircraft in the vicinity of the Mount Airy/Surry County Airport, to prevent creation of conditions hazardous to aircraft operation, to prevent conflict with land development which may result in a loss of life and property and to encourage development which is compatible with airport use characteristics.
(1) Airport zones. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no trees shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limitations herein established for each zone in question as follows:
(a) Approach zone. AHD-A:
1. Runway 18: slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
2. Runway 36: 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.
(b) Transitional zones. AHD-T: slopes seven feet outward for each foot upward beginning at the side of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation or 1,398 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides and at the same elevation as the approach surface and extending to where they intersect the horizontal surface.
(c) Horizontal zone. AHD-H: established at 150 feet above the airport or at an elevation of 1,398 feet above mean sea level.
(d) Conical zones. AHD-C: slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to an elevation of 1,598 feet above mean sea level. There are four conical zones (AHD-C-A, AHD-C-B, AHD-C-C, and AHD-C-D), 1,000 feet horizontally each and rise 50 feet in elevation. The maximum height of any structure within the conical zone are as follows:
1. AHD-C-A: 1,398 feet MSL.
2. AHD-C-B: 1,448 feet MSL.
3. AHD-C-C: 1,498 feet MSL; and iv.AHD-C-D: 1,548 feet MSL.
(e) Hazardous terrain zone. AHD-Z: any area in which the existing terrain encroaches into any of the previously described surfaces.
(2) Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any district established by this section in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, resulting 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.
(3) Non-conforming uses.
(a) Regulations not retroactive. The regulations prescribed by this section 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 section, or otherwise interfere with the continuance of a non-conforming use.
(b) Markings and lighting. Notwithstanding the preceding provision of this section, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Mount Airy-Surry County Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction.
(4) Issuance of a building permit. The Development Services Department shall not issue a building permit within an AHD-A, AHD-T, AHD-H, AHD-C or AHD-Z area, or within the AWOS Critical Area, along with the surrounding area up to 1,000 feet from the AWOS, until it has been determined that the proposal upon which they are requested to act follows the terms of these regulations by the Zoning Administrator.
(a) Except as specifically provided in divisions (D)(4)(a)1., (D)(4)(a)2., and (D)(4)(a)3. below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no trees shall be planted in any district hereby created unless a permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information particularly to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
1. In the area lying within the limits of horizontal zone and conical zone, no permit shall be required for any tree or structure less than 100 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
2. 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 100 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
3. In the areas lying within the limits of the transition zones, no permit shall be required for any tree or structures less than 100 feet above the ground, except when such tree or structure because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.
4. Amateur radio operators must comply with part 97 of FCC regulations.
5. The AWOS critical area, along with the surrounding area up to 1,000 feet from the AWOS shall be kept free of obstruction consistent with the following FAA standards (Siting Criteria for Automated Weather Observing Systems, Order JO6560.20C, effective 09/06/2017): "All obstructions (e.g., vegetation, buildings, and the like) must be at least 15 feet lower than the height of the sensor within the 500-foot radius and be at least ten feet lower than the height of the sensor from 500 to 1000 feet."
(b) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration of any structure or growth of any tree in excess of any height limits established by this chapter, except as set forth in this subchapter.
(c) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or permit a non-conforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this chapter, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated all applications for such a permit shall be granted.
(5) Non-conforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a non-conforming tree or structure has been abandoned for 180 days, or more than 60% has been torn down, physically deteriorated or decayed, said structure or tree shall lose its non-conforming status and at such time shall be brought into compliance with this subchapter.
(6) Variances. Variances shall be administered in the AO-2 Overlay District as provided for the AO-1 Overlay District, herein.
(Ord. passed 4-17-2023)