1989-01-16 Person County Airport Zoning OrdinanceZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND
PERSON COUNTY AIRPORT
ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND PERSON COUNTY AIRPORT
An Ordinance regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of the Person County Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the Person County zoning map which is incorporated in and made a part of this ordinance; providing for enforcement; establishing a Bo ard of Adjustment; and imposing penalties.
Th is Ordinance is adopted pursuant to the authority conferred by Chapter 153A of Statutes of the State of North Carolina. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Person County Airport, and property or occupants of land in its vicini ty; that an obstruction may affect existing and future instrument approach minimums of Pe rson County Airport; and that an obstructi on may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Person County Airport and the public investment therein. Accordingly, it is declared:
(1)that the creation or establishment of an obstruction has thepotential of being a public nuisance and may injure the regionserved by Person County Airport;
(2)that it is necessary in the interest of the public health, publicsafety, and general welfare that the creation or establishment ofobstructions that are a hazard to air navigation be prevented;and
(3)that the prevention of these obstructions should be accomplished,to the extent legally possible, by the exercise of the policepower without compensation,
It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
Date of Adoption: January 16, 1989
1
IT IS HEREBY ORDAINED BY THE PERSON COUNTY BOARD OF COMMISSIONERS, AS FOLLOWS:
SECTION I: SHORT TITLE
This Ordinance shall be known and may be cited as Person County Airport Zoning Ordinance.
SECTION II: DEFINITIONS
As used in this Ordinance, unless the context otherwise requires:
1.AIRPORT -Means Person County Airport.
2.AIRPORT ELEVATION -609.4 feet mean sea level.
3.APP ROACH SURFACE - A surface longitudinally centered on theextended runway centerline, extending outward and upward from theend of the primary surface and at the same slope as the approachzone height li mitation slope set forth in Section IV of thisOrdinance. In plan the perimeter of the approach surfacecoincides with the perimeter of the approach zone.
4.APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES -Thesezones are set forth in Section III of this Ordinance.
5.BOARD OF ADJUSTMENT - A Board consisting of 5 members appointed bythe Person County Board of Commissioners as provided in Chapter153 A of the Laws of the State of North Carolina.
6.CONICAL SURFACE - A surface extending outward and upward from theperiphery of the horizontal surface at a slope of 20 to 1 for ahorizontal distance of 4,000 feet.
7.HAZARD TO AIR NAVIGATION -An obstruction determined to have asubstantial adverse effect on the safe and efficient utilizationof the navigable airspace.
8.HEIGHT -For the purpose of determining the height limits in allzones set forth in this Ordinance and shown on the zoning map, thedatum shall be mean sea le vel elevation unless otherwisespecified.
Date of Adoption: January 16, 1989
2
9.HORIZONTAL SURFACE - A horizontal plane 150 feet above theestablished airport elevation, the perimeter of which in plancoincides with the perimeter of the horizontal zone.
10.LARGER THAN UTILITY RUNWAY - A runway that is constructed for andintended to be used by propeller driven aircraft of greater than12,500 pounds maximum gross weight and jet powered aircraft.
11.NONCONFORMING USE -Any pre-existing structure, object of naturalgrowth, or use of land which is inconsistent with the provisionsof this Ordinance or an amendment thereto.
12.NONPRECISION INSTRUMENT RUNWA Y - A runway having an existinginstrument approach procedure utilizing air navigation facilitieswith only horizontal guidance, or area type navigation equipment,for which a straight-in nonprecision instrument approachprocedure has been approved or planned.
13.OBSTRUCTION -Any structure, growth, or other object, including amobile object, which exceeds a limiting height set forth inSection IV of this Ordinance.
14.PERSON -An individual, firm, partnership, corporation,association, joint stock association or governmentincludes a trustee, a receiver, an assignee, or arepresentative of any of them.
company, ent ity; similar
15.PREC IS ION INSTRUMENT RUNWAY - A runway having an existinginstrument approach procedure utilizing an Instrument LandingSystem ( ILS) or a Precision Approach Radar (PAR). It also meansa runway for which a precision approach system is planned and isso indicated on an approved airport layout plan or any otherplanning document.
16.PRIMARY SURFACE - A surface longitudinally centered on a runway.Wh en the runway has a specially prepared hard surface, theprimary surface extends 200 feet beyond each end of that runway;for military runways or when the runway has no specially preparedhard surface, or planned hard surface, the primary surface endsat each end of that runway, 'The width of the primary surface isset forth in Section III of this Ordinance. The elevation of anypoint on the primary surface is the same as the elevation of thenearest point on the runway centerline.
1 7. RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Date of Adoption: January 16, 1989
3
18.STRUCTURE -An object, inclu ding a mobile object, constructed orinstalled by man, including but without limitation, buildings,towers, cranes, smokestacks, earth format ion, and overheadtransmission lines.
19.TRANSITIONAL SURFACES -These surfaces extend outward at 90degree angles to the runway centerline and the runway centerlineextended at a slope of seven (7) feet horizontally for each footvertically from the sides of the primary and approach surfaces towhere they intersect the horizontal and conica l surfaces.Transitional surfaces for those portions of the precisionapproach surfaces, which project through and beyond the limits ofthe conical surf ace, extend a distance of 5,000 feet measuredhorizontally from the edge of the approach surface and at 90degree angles to the extended runway centerline.
20.TREE -Any object of natural growth.
21.UTILITY RUNWAY - A runway that is constructed for and intended tobe used by propeller driven aircraft of 12,500 pounds maximumgross weight and less.
22. VISUAL RUNWAY - A runway intended solely for the operation ofaircraft using visual approach procedures.
SECTION III: AIRPORT ZONES
In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach su rfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Person County Airport. Such zones are shown on Person County Airport Zoning Map consisting of one sheet, pr epared by the Talb ert, Cox and Associates, Inc., dated May, 1988, which is attached to this Ordinance and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive he ight limitation. The various zones are hereby established and defined as follows:
1.Utility Runway Visual Approach Zo ne -The inner edge of thisapproach zone coincides with the width of the primary surface andis 250 feet wide. The approach zone expands outward uniformly toa width of 1,250 feet at a horizontal distance of 5,000 feet fromthe primary surface. Its centerline is the continuation of thecenterline of the runway.
Date of Adoption: January 16, 1989
4
2.Utility Runway Nonprecision Instrument Approach Zone -The inneredge of this approach zone coincides with the width of the primarysurf ace and is 500 feet wide. The approach zone expands outwarduniformly to a width of 2,000 feet at a horizontal distance 5,000feet from the primary surface. Its centerline is the continuationof the centerline of the runway.
3.Runway Larger Than Utility Visual Approach Zone -The inner edgeof this approach zone coincides with the width of the prima rysurf ace and is 500 feet wide. The approach zone expands outwarduniformly to a width of 1,500 feet at a horizontal distance of5,000 feet from the primary su rface. Its centerline is thecontinuation of the centerline of the runway.
4.Runway Larger Than Utility With A Visibility Minimum Greater Thanli..1. Mile Nonprecision Instrument Approach Zone -The inner edge ofthis approach zone coincides with the width of the primary surfaceand is 500 feet wide. The approach zone expands outward uniformlyto a width of 3,500 feet at a horizontal distance of 10,000 feetfrom the primary surface. Its centerline is the continuation ofthe centerline of the runway.
5.Runway Larger Than Utility With A Visibility Minimum As Low As li..1.Mile Nonprecision Instrument Approach Zone -The inner edge ofthis approach zone coincides with the width of the primary surfaceand is 1,000 feet wide. The approach zone expands outwarduniformly to a width of 4,000 feet at a horizontal distance of10,000 feet from the primary surface. Its centerlin e is thecontinuation of the centerline of the runway.
6.Precision Instrument Runway Approach Zone -The inner edge of thisapproach zone coincides with the width of the primary surface andis 1,000 feet wide. The approach zone expands outward uniformlyto a width of 16,000 feet at a horizontal distance of 50,000 feetfrom the primary surface. Its centerline is the continuation ofthe centerline of the runway.
7.Transitional Zones -The transitional zones are the areas beneaththe transitional surfaces.
8.Horizontal Zone - The horizontal zone is established by swingingarcs of 5,000 feet radii for all runways designated utility orvisual and 10,000 feet for all others from the center of each endof the primary surface of each runway and connecting the adjacentarcs by drawing lines tangent to those arcs. The horizontal zonedoes not include the approach and transitional zones.
Date of Adoption: January 16, 1989
5
9.Conical Zone -The conical zone is established as the area thatcommences at the periphery of the horizontal zone and extendsoutward therefrom a horizontal distance of 4,000 feet,
SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Ordinance to a height in excess of the applicable height herein established for such zone. Such applicable height l imitations are hereby established for each of the zones in question as follows:
1, Utility Runway Visual Approach Zone -Slopes twenty ( 20) 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 5,000 feet along the extended runway centerline,
2.Utility Runway Nonprecision Instrument Approach Zone -Slopestwenty (20) feet outward for each foot upward beginning at theend of and at the same elevation as the primary surface andextending to a horizontal distance of 5,000 feet along theextended runway centerline.
3.Runway Larger Than Utility Visual Approach Zone -Slopes twenty(20)feet outward for each foot upward beginning at the end ofand at the same elevation as the primary surface and extending toa horizontal distance of 5,000 feet along the extended runwaycenterline,
4, Runway Larger Than Utility With A Visibility Minimum Greater Than � Mile Nonprecision Instrument Approach Zone -Slopes thirtyfour (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.
5.Runway Larger Than Utility With A Visibility Minimum As Low As� Mile Nonprecision Instrument Approach Zone -Slopes thirtyfour (34) feet outward for each foot upward beginning at the endof and at the same elevation as the primary surface and extendingto a horizontal distance of 10,000 feet along the extended runwaycenterline.
Date of Adoption: January 16, 1989
6
6.Precision Instrument Runway Approach Zone -Slopes fifty ( 50)feet outward for each foot upward beginning at the end of and atthe same elevation as the primary surface and extending to ahorizontal distance of 10,000 feet along the extended runwaycenterline; thence slopes upward forty (40) feet horizontally foreach foot vertically to an additional horizon tal distance of40,000 feet along the extended runway centerline.
7.Transitional Zones -Slope seven (7) feet outward for each footupward beginning at the sides of and at the same elevation as theprimary surface and the approach surface, and extending to aheight of 150 feet above the airport elevation which is 609. 4mean sea level. In addition to the foregoing, there areestablished height limits sloping seven (7) feet outward for eachfoot upward beginning at the sides of and the same elevation asthe approach surface, and extending to where they intersect theconical surface. Where the precision instrument runway approachzone projects beyond the conical zone, there are establishedheight limits sloping seven (7) feet outward for each foot upwardbeginning at the sides of and the same elevation as the approachsurface, and ex tending a horizontal distance of 5,000 feetmeasured at 90 degree angles to the extended runway centerline.
8, Horizontal Zone -Established at 150 feet above the airport elevation or at a height of 250 feet above mean sea level,
9, Conical Zone -Slopes twenty (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 a height of 350 feet above the airport elevation.
10.Excepted Height Limitations -Nothing in the Ordinance shall beconstrued as prohibiting the construction or maintenance of anystructure, or growth of any tree to a height up to 50 feet abovethe surface of the land.
SECTION V: USE RESTRICTION
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance 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 disting uish between airport lights an d
Date of Adoption: January 16, 1989
7
others, result in glare in the eyes of pilots using the ai rport, 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.
SECTION VI: NONCONFORMING USES
1.Regulations Not Retroactive -The regulations prescribed in thisOrdinance shall not be construed to require the removal, lowering,or other change or alteration of any structure or tree notconforming to the regulations as the effective da te of thisOrdinance, or otherwise inter fere with the continuance of anonconforming use. Nothing contained herein shall require anychange in the construction, alteration, or intended use of anystructure, the construction or alteration of which was begun priorto the effective date of this Or dinance, and is diligentlyprosecuted.
2.Marking and Lighting -Notwithstanding the preceding provision ofthis Section, the owner of any existing nonconforming structure ortree is hereby required to permit the installation, operation, andmaintenance thereon of such markers and lights as shall be deemednecessary by the County Planner to indicate to the operators ofaircraft in the vicinity of the airport the presence of suchairport obstruction. Such markers and lights shall be installed,operated, and maintained at the expense of the County of Person.
SECTION VII: PERMITS
1.Future Uses -Except as specifically provided in a, b, and chereunder, no material change shall be made in the use of land, nostructure shall be erected or otherwise established, and no treeshall be planted in any zone hereby created unless a permittherefor shall have been applied for and gr anted. Eachapplication for a permit shall indicate the purpose for which thepermit is desired, with sufficient particularity to permit it tobe determined whether the resulting use, structure, or tree wouldconform to the regulations herein prescribed. If suchdetermination is in the affirmative, the permit shall be granted.No permit for a use inconsistent with the provisions of thisOrdinance shall be granted unless a variance has been approved inaccordance with Section VII, 4.
Date of Adoption: January 16, 1989
8
a.In the area lying within the limits of the horizontal zone and
conical zone, no permit shal l be required for any tree orstructure less than seventy-five (75) feet of vertical height·above the ground, except when, because of terrain, landcontour, or topograpgic features, such tree or structure wouldextend above the height limits prescribed for such zones.
b.In areas lying within the limits of the approach zones but ata horizontal distance of not less than 4,200 feet from eachend of the runway, no permit shall be required for any tree orstructure less than seventy-five (75) feet of vertical heightabove the ground, except when such tree or structure wouldextend above the height limit prescribed for such approachzones.
c.In the areas lying within the limits of the transition zonesbeyond the perimeter of the horizontal zone, no permit shallbe required for any tree or structure less than seventy-five( 75)feet of vertical height above the ground, except whensuch tree or structure, because of terrain, land contour, ortopographic features, would extend above the height limitprescribed for such transition zones.
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 Ordinance except as set forth in Section IV, 10.
2.Existing Uses -No permit shall be granted that would allow theestablishment or creation of an obstruction or permit anonconforming use, structure, or tree to become a greater hazardto air navigation, than it was on the effective date of thisOrdinance or any amendments thereto or than it is when theapplication for a permit is made. Ex cept as ind icated, allapplications for such a permit shall be granted.
3.Nonconforming Uses Abandoned or Destroyed -Whenever the CountyPlanner determines that a nonconforming tree or structure has beenabandoned or more than 80 percent {80%) torn down, physicallydeteriorated, or decayed, no permit shall be granted that wouldallow such structure or tree to exceed the applicable height limitor otherwise deviate from the zoning regulations.
Date of Adoption: January 16, 1989
9
4.Variances -Any person desiring to erect or increase the height ofany structure, or permit the growth of any tree, or use property,not in accordance with the regulations prescribed in thisOrdinance, may apply to the Board of Adjustment for a variancefrom such regulations. The application for variance shall beaccompanied by a determination from the Fe deral AviationAdministration as to the effect of the proposal on the operationof air navigation facilities and the safe, efficient use ofnavigable airspace. Such variances shall be allowed where it isduly found that a li teral application or enforcement of theregulations will result in unnecessary ha rdship and reliefgranted, will not be contrary to the public interest, will notcreate a hazard to air navigation, will do substantial justice,and will be in accordance with the spirit of this Or dinance.Additionally, no application for variance to the requirements ofthis Ordinance may be considered by the Board of Adjustment unlessa copy of the application has been furnished to the AirportManager for advice as to the aeronautical effects of the variance.If the Airport Manager does not respond to the application withinfifteen (15) days after receipt, the Board of Adjustment may acton its own to grant or deny said application.
5, Obstruction Marking and Lighting -Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the County of Person, at its own expense, to install, operate, and maintain the necessary markings and lights.
SECTION VIII: ENFORCEMENT
It shall be the duty of the County Planner to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the County Planner upon a form published for that purpose. Applications required by this Ordinance to be submitted to the County Planner shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the County Planner.
Date of Adoption: January 16, 1989
10
SECTION IX: BOARD OF ADJUSTMENT
1.There is hereby created a Board of Adjustment to have and exercisethe following powers: ( 1) to hear and decide appeals from anyorder, requirement, decision, or determination made by the CountyPlanner in the enforcement of this Ordinance; ( 2) to hear anddecide special exceptions to the terms of this Ordinance uponwhich such Board of Adjustment under such regulations may berequired to pass; and (3) to hear and decide specific variances.
2.The Bo ard of Adjustment shall consist of five (5) membersappointed by the Person County Board of Commissioners and eachshall serve for a term of three ( 3) years until a successor isduly appointed and qualified. Of the members first appointed, oneshall be appointed for a term of one year, one for a term of twoyears, and one for a term of three ye ars. Members shall beremovable by the appointing authority for cause, upon writtencharges, after a public hearing.
3.The Board of Adjustment shall adopt rules for its governance andin harmony with the provisions of this Ordinance. Meetings of theBoard of Adjustment shall be held at the call of the Chairpersonand at such other times as the Board of Adjustment may determine.The Chairperson or, in the absence of the Chairperson, the ActingChairperson may administer oaths and compel the attendance ofwitnesses. All hearings of the Board of Adjustment shall bepublic. The Board of Adjustme nt shall keep minutes of itsproceedings showing the vote of each member upon each question; orif absent or failing to vote, indicating such fact, and shall keeprecords of its examinations and other official actions, all ofwhich shall immediately be filed in the office of the CountyPlanner and on due cause shown.
4.The Board of Adjustment shall make written findings of facts andconclusions of law giving the facts upon which it acted and itslegal conclusions from such facts in reversing, affirming, ormodifying any order, requirement, decision, or determination whichcomes before it under the provisions of this Ordinance.
5.The concurring vote of a majority of the members of the Board ofAdjustment shall be sufficient to reverse any order, requirement,decision, or determination of the County Planner or decide infavor of the applicant on any matter upon which it is required topass un der thi s Ordinan ce, or to effect variation to thisOrdinance.
Date of Adoption: January 16, 1989
11
SECTION X: APPEALS
1.Any person aggrieved, or any taxpayer affected, by any decision ofthe County Planner, made in the administration of the Ordinance,may appeal to the Board of Adjustment.
2.All appeals hereunder must be taken within a reasonable time asprovided by the rules of the Board of Adjustment, by filing withthe County Planner a notice of appeal specifying the groundsthereof. The County Planner shall forthwith transmit to the Boardof Adjustment all the papers constituting the record upon whichthe action appealed from was taken.
3.An appeal shall stay all proceedings in furtherance of the actionappealed from unless the County Planner certifies to the Board ofAdjustment, after the notice of appeal has been filed with it,that by reason of the facts stated in the certificate a stay wouldin the opinion of the County Planner cause imminent peril to lifeor property. In such case, proceedings shall not be stayed exceptby order of the Board of Adjustment or notice to the CountyPlanner and on due cause shown.
4.The Board of Adjustment shall fix a reasonable time for hearingappeals, give public notice and due notice to the parties ininterest, and decide the same within a reasonable time. Upon thehearing, any party may appear in person or by agent or byattorney.
5.The Board of Adjustment may, in conformity with the provisions ofthis Ordinance, reverse or affirm, in whole or in part, or modifythe order, requirement, decision, or determination appealed fromand may make such order, requirement, decision, or determinationas may be appropriate under the circumstances.
SECTION XI: JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the Superior Court.
Date of Adoption: January 16, 1989
12
SECTION XII: PENALTIES
Each violation of this Ordinance or any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than 500 dollars or imprisonment for not more than 180 days or both; and each day a violation continues to exist shall constitute a separate offense.
SECTION XIII: CONFLICTING REGULATIONS
Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations 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 requiement shall govern and prevail.
SECTION XIV: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable,
SECTION XV: EFFECTIVE DATE
WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage by the Person County Board of Commissioners and publication and posting as required by law. Adopted by the Person County Board of Commissioners this
Date of Adoption: January 16, 1989
13