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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
MINIMUM STANDARDS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERONAUTICAL ACTIVITY. Any activity which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations.
AIR CHARTER. An FAA-certified commercial operator providing on-demand, non-scheduled service of persons or property for hire.
AIRPORT. The Wallace-Pender Airport (Henderson Field) (ACZ), North Carolina.
AIRPORT COMMISSION (COMMITTEE). An advisory group appointed by the Town Council charged with overseeing the supervision of airport activities.
AIRPORT MANAGER. The representative of the town having day-to-day oversight of airport activities. If no individual is designated with such charge, this responsibility is retained by the Airport Commission.
AIRPORT OWNER. The Town of Wallace, as Airport Sponsor.
COMMERCIAL AERONAUTICAL ACTIVITY. A person or business providing goods and services to the aviation public for which compensation is received.
COMMERCIAL AERONAUTICAL OPERATOR (OPERATOR) or FIXED BASE OPERATOR (FBO) or SPECIAL AVIATION SERVICE ORGANIZATION (SASO) or INDEPENDENT OPERATORS (IO). A person or aeronautical business offering or supporting general aviation services.
EXCLUSIVE RIGHTS. Excluding a person from enjoying or exercising privileges conferred on one or more parties by excluding others by unreasonable standards or requirements.
FAA. The Federal Aviation Administration.
HANGAR. A building providing shelter or enclosed space for the storage or aircraft or aircraft parts.
LEASE. An executed contract, in writing and enforceable by law, granting interests in property or the conduct of certain activities.
MOTOR VEHICLE. Any powered ground vehicle.
PERSON. An individual, partnership, firm, association, commercial business or corporation.
STATE. The NCDOT, Division of Aviation (NCDOA).
TENANT. A person who leases or subleases real property and whose premises has access to the airport.
THROUGH-THE-FENCE. Any use of the airport public landing areas by any person offering aeronautical activity or by aircraft based on land adjacent to, but not a part of, the airport property.
TOWN. The Town of Wallace, North Carolina.
TOWN COUNCIL. The governing body lawfully empowered to exercise legal control over the airport.
(Ord. passed - -2019)
(A) No commercial enterprise of any kind or type shall conduct commercial aeronautical activities on or at the airport unless specifically authorized in writing by the Town Council.
(B) The privilege of using the airport and its facilities shall impose full responsibility and risk by the operator thereof and shall release and hold harmless and indemnify the town and its agents from any liability or charges of loss resulting from such use, as well as claims of third persons using the airport.
(1) FBO/SASO/IO commercial designation. In all cases, the Town Council will determine if the aeronautical activity qualifies as a commercial aeronautical activity. If determined to be commercial, the person or business shall conform to the requirements of the Town Municipal Airport “Minimum Standards For Commercial Activities”.
(3) FBO/SASO/IO discrimination. No person shall be denied service because of their race, national origin or gender. The operator shall offer and provide services in accordance with the provisions of Title VI of the Civil Rights Acts of 1964 (Pub. Law No. 88352). Accordingly, no person shall be denied equal services on the ground of race, color or national origin in accordance with Regulation DOT part 21.
(Ord. passed - -2019) Penalty, see § 153.99
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