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(A) Except as otherwise provided in this subchapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this subchapter to a height in excess of the height limit established for the zone. The height limitations are computed from the established airport elevation and are established for each of the zones in question as follows:
(1) Instrument approach zone. One foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway; thence one foot in height for each 40 feet;
(2) Non-instrument approach zones. One foot in height for each 40 feet in horizontal distance beginning at a point 200 feet from the end of the non-instrument runway and extending to a point 10,200 feet from the end of the runway;
(3) Transition zones. One foot in height for each seven feet in horizontal distance beginning at any point 125 feet normal to and at the elevation of the centerline of non-instrument runways extending 200 feet beyond each end thereof, and 500 feet normal to and at the elevation of the centerline of the instrument runway, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 37.50 feet above mean sea level. In addition to the foregoing, there are established height limits of one-foot vertical height for each seven-feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended;
(4) Horizontal zone. One hundred fifty feet above the airport elevation or a height of 187.50 feet above mean sea level; and
(5) Conical zone. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 337.3 feet above the airport elevation.
(B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(C) Nothing in this subchapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 45 feet above the surface of the land.
(Prior Code, § 150.04) (Ord. passed 3-14-1963)
(A) Use restrictions. Notwithstanding any other provisions of this subchapter, no use may be made of land within any zone established by this subchapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off and maneuvering of aircraft.
(Prior Code, § 150.05)
(B) Non-conforming uses.
(1) Regulations not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this subchapter or otherwise interfere with the continuance of any non-conforming use. Nothing herein contained shall require and 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.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any non-conforming structure or tree is required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the airport engineers to indicate to the operators of aircraft in the vicinity of the airport, the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the town.
(Prior Code, § 150.06)
(Ord. passed 3-14-1963) Penalty, see § 153.99
(A) Future uses.
(1) Except as specifically provided in divisions (A)(1)(a) through (A)(1)(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 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.
(a) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 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 zone.
(b) In areas lying within the limits of the instrument and non-instrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure would extend above the height limit prescribed for the instrument or non-instrument approach zone.
(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 75 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, alteration or growth of any structure or tree in excess of any of the height limits established by this subchapter, except as set forth in § 153.04 of this chapter.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure or tree to be made or become higher or 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 permit is made. Except as indicated, all applications for such a permit shall be granted.
(C) Non-conforming uses abandoned or destroyed. Wherever the Town Council determines that a non-conforming structure or tree 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 his or her 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 variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but will do substantial justice and be in accordance with the spirit of this subchapter.
(E) Hazard 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 the markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(Prior Code, § 150.07) (Ord. passed 3-14-1963)
It shall be the duty of the Building Inspector to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form furnished by him or her. Applications required by this subchapter to be submitted to the Building Inspector shall be promptly considered and granted or denied by him or her. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Town Administrator.
(Prior Code, § 150.08) (Ord. passed 3-14-1963)
(A) There is 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 Building Inspector 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 the 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 Town Council and each shall serve for a term of three years and until his or her successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, two for a term of two years and two for a term of three years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
(C) (1) The Board of Adjustment shall adopt rules for its convenience and procedure 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 such other times as the Board of Adjustment may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public.
(2) 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 such facts and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Town Administrator and shall be a public record.
(D) The Board of Adjustment shall make written findings of fact 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 Building Inspector or to decide in favor of the applicant of any matter upon which it is required to pass under this subchapter or to effect any variation in this subchapter.
(Prior Code, § 150.09) (Ord. passed 3-14-1963)
(A) Appeals.
(1) Any person aggrieved or any taxpayer affected by any decision of the Building Inspector made in his or her administration of this subchapter, if of the opinion that a decision of the Building Inspector is an improper application of these regulations, may appeal to the Board of Adjustment.
(2) All appeals hereunder must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Town Administrator a notice of appeal specifying the grounds thereof. The Town Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector 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 his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by the order of the Board of Adjustment on notice to the agency from which the appeal is taken and on due cause shown.
(4) 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.
(5) 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 the order, requirement, decision or determination, as may be appropriate under the circumstances.
(Prior Code, § 150.10)
(B) Judicial review. Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the County Superior Court, as provided in G.S. § 160A-388 of the public laws of the state.
(Prior Code, § 150.11) (Ord. passed 3-14-1963)
Statutory reference:
Related provisions, see G.S. § 160A-388
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