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(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
(A) The operating standards outlined below are the minimum threshold requirements for commercial aeronautical operators (fixed base operator, special aviation service organization and/or independent operators) as a condition of the operator’s right to lease premises and provided services on and at the airport.
(B) The following shall apply to all prospective operators as disclosure of adequate intent and resources to offer or conduct commercial aeronautical activity at the airport.
(1) Prior to initiating operations or providing services at the airport, operators must be a party to a fully-executed lease or rental agreement with the Town Council.
(2) Any executed agreement or lease with an operator shall be subordinate to the provisions of any existing or future airport property agreements or grant assurances relative to the operation or maintenance of the airport, as agreed between the Town Council/Airport Sponsor and the United States government and/or the state.
(3) The operator ground lease or operating agreement shall not include any of the airfield or taxiway systems as specified by FAA Order 51OO.38B, § 526.
(4) No airport land or building space in excess of present and foreseeable operator requirements shall be leased to any operator. Any additional land may be made available on the basis of need and availability. Although airport land designated or leased for operator activities is limited and valued, nothing contained herein shall be construed to grant or authorize the granting of an exclusive right as forbidden by § 308 of the Federal Aviation Act of 1958, being 49 U.S.C. § 40103(e).
(5) Operators must comply with applicable regulations set forth by local, state and federal agencies. The operator shall post, in a prominent place, all necessary or required licenses or permits.
(6) The operator must establish an office at the airport for public availability and for public access to staff, facilities and equipment offered by the operator’s office hours shall coincide with attended hours of airport operation as published in the airport/facility directory, unless stated otherwise in the operator’s lease agreement.
(7) The rates, charges and prices assessed by the operator may be requested and must be divulged to the Airport Commission/Town Council upon written request, including any discounts, rebates or other similar type price reductions.
(8) The operator shall have the right to choose, at its sole discretion, its vendors and suppliers. The operator reserves the right, at its sole discretion, to grant others certain rights and privileges upon the airport which are identical in part or in whole to those granted to operator.
(9) The distribution or sale of fuel on or at the airport is authorized only with the express prior written approval of the Town Council. No operator may sell or distribute aviation petroleum products at the airport unless having the prior written approval of the Airport Commission and Town Council and having met the minimum standards found in § 153.24 of this chapter.
(10) Operations such as UNICOM radio, aircraft tie-down and other miscellaneous aeronautical activities not specifically described herein may be provided or conducted by any operator upon application to and approval of the Airport Commission/Town Council. Reasonable terms and conditions for the privilege of engaging in these various services will be established or determined by the Airport Commission/Town Council as commensurate with the nature and scope of the activities involved.
(11) Failure or inability of the operator to meet the airport minimum standards shall be reported in writing to the Airport Commission/Town Council, without delay.
(Ord. passed - -2019) Penalty, see § 153.99
(A) Any operator desiring to erect or construct any new or renovated permanent or temporary structure, landscaping, signs or support facilities at the airport shall submit plans and specifications to the Airport Commission and Town Council for review and approval. No such approval shall be granted unless such construction and design is consistent with the airport layout plan (ALP) drawing. The plans shall include a general layout, drawn to scale, showing said structure (site location, building, ground and top elevations and aesthetic and decorative features), access and proposed boundary of leasehold area, plus a completed FAA Form 7460 “Notice of Proposed Construction or Alteration”.
(B) The Town Council, prior to construction, shall submit this information to the NCDOT, Division of Aviation/FAA for review and airspace determination.
(1) Before construction of facilities and equipment is undertaken, the operator must furnish the Airport Commission/Town Council with a performance bond commensurate with the construction costs to be performed.
(2) The building structure shall be constructed in accordance with State Building Codes and National Fire Protection Association (NFPA) standards.
(3) All such building permits, licensing and environmental certifications shall be obtained by the operator prior to construction. A certificate of occupancy must be obtained before the structure can be occupied.
(4) No operator shall erect advertising or vendor signs at the airport without express written permission of the Airport Commission/Town Council.
(Ord. passed - -2019) Penalty, see § 153.99
The operator must ensure that all of its employees meet physical requirements and mental competency necessary to carry out the employee’s job tasks in a safe manner.
(A) Operators shall furnish prompt service adequate to meet all reasonable demands for its services at the airport. All service offered by the operator shall be provided to persons on a fair, equal and non-discriminatory basis.
(B) The operator shall appoint a qualified person (Operation Manager) stationed at the airport, a position vested with full-power and authority to act in the name of the operator. The Operator Manager shall be available to the Town Council/Airport Sponsor for routine communication and coordination and shall attend official town meetings, as required or necessary. If absent, a duly authorized subordinate shall be in charge and available to the Town Council/Airport Sponsor.
(C) All operator personnel shall hold all necessary FAA certificates and ratings as required to carry out the nature of their services and shall maintain such certificates and ratings, as appropriate.
(D) Operator shall provide, at its sole expense, a sufficient number of qualified employees and resources to provide safe and effective services. It shall be the responsibility of Operator Manager to maintain close supervision over its employees. The Operator Manager shall control the conduct, demeanor and appearance of its employees.
(E) The operator is responsible for informing and training its employees as to the current contents of the airport minimum standards and airport rules and regulations and applicable portions of the operator lease agreement with the Town Council/Airport Sponsor.
(Ord. passed - -2019)
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