§ 1411. AHO airport height overlay.

1411.01 Purpose. The airport height overlay district (AHO) is established as an overlay district of all general zoning districts in Halifax County in the vicinity of the Halifax-Northampton Regional Airport. The purpose of the AHO is to protect the airport environs from encroachment of incompatible land uses that present hazards to users of the airport as well as to persons residing or working in the airport vicinity. The additional regulations imposed in the AHO are designed to place additional height restrictions on buildings, structures and trees. The airport height overlay (AHO) district is not intended to be utilized as a district classification, but as a designation that identifies areas subject to regulations which are supplementary to the existing regulations of the district to which the designation is attached, appended or "overlaid". Regulations that apply to areas designated on the zoning map as being within such appended or overlaid designation must be determined by joint reference to the regulations of both the basic district classification and the appended or overlay classification.

1411.02 Authority. The provisions of this ordinance are adopted by the Halifax County Board of Commissioners pursuant to the authority conferred by the General Assembly of the State of North Carolina, in Chapter 63, Article 30 —37.1. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Halifax-Northampton Regional Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Halifax-Northampton Regional Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Halifax-Northampton Regional Airport and the public investment therein. Accordingly, it is declared:

a.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Halifax-Northampton Regional Airport;

b.

That it is necessary in the interest of the public health, public safety, and the general welfare of Halifax County that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

c.

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power 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 the 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.

1411.03 Definitions. As used in this ordinance, unless the context otherwise requires:

Airport refers to Halifax-Northampton Regional Airport.

Airport elevation. The highest point of an airport's usable landing area measured in feet from sea level. The Halifax-Northampton Regional Airport elevation equals 145 feet MSL.

Approach surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 1411.04 of the airport height overlay district.

Approach, transitional, horizontal, and conical zones. These zones are set forth in section 1411.04 of this ordinance.

Board of adjustment. The Halifax County Zoning Board of Adjustment will serve as the board of adjustment for the Halifax-Northampton Regional Airport.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height. For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Larger than utility runway. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

MSL. Mean sea level.

Nonconforming use. Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 1411.04 of this ordinance.

Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative or any of them.

Precision instrument runway. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface. A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 1,000 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway. A defined area on an airport prepared for landing and take-off of aircraft along its length.

Structure. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Transitional surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Tree. Any object of natural growth.

1411.04 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 surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport. Except as otherwise noted 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. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

A.

Approach zone—AHO-A: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

B.

Transitional zones—AHO-T: The transitional zones are the areas beneath the transitional surfaces.

C.

Horizontal zone—AHO-H: 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 zone.

D.

Conical zone—AHO-C: 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.

1411.05 Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this section 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.

Approach zone—AHO-A: Slopes 50 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; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

B.

Horizontal zone—AHO-H: Established at 150 feet above the airport elevation or at a height of 295 feet above mean sea level.

C.

Conical zone—AHO-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 a height of 350 feet above the airport elevation.

D.

Excepted height limitations: Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, of growth of any tree to a height to 100 feet above the surface of the land.

1411.06 Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone 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 light 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.

1411.07 Nonconforming uses.

A.

Regulations not retroactive. 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 nonconforming 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 section.

B.

Markings and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming 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 Halifax-Northampton Regional Airport Authority 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 Halifax-Northampton Regional Airport Authority.

1411.08 Issuance of airport zoning permit. The director of planning and development shall not issue a airport zoning permit within an AHO-A, AHO-T, AHO-H, or AHO-C area until it has been determined that the proposal upon which he is requested is in compliance with the terms of these regulations.

A.

Future uses: Except as specifically provided in [subsections] (1), (2) and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, no trees shall be planted 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 information 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. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with [section] 1411.07 subsection (D).

(1)

In the area lying within the limits of the horizontal zone and conical zone, no airport zoning 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 5,200 feet from each end of the runway, no airport zoning permit shall be required for any tree or structure less than 100 feet of vertical height above 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 airport zoning permit shall be required for any tree or structure less than 100 feet above the ground, except when such tree or structure because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(4)

Amateur radio operators must comply with Part 97 of FCC regulations.

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 Section.

B.

Existing uses: No permit shall be granted that would allow the establishment or creation of an obstruction 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 section, or any amendments thereto, or than it is when the application for permit was made.

C.

Nonconforming uses abandoned or destroyed: Whenever the director of planning and development determines that a nonconforming tree or structure has been abandoned or more than 80 percent 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.

D.

Variances: Any person desiring to erect or increase the height of any structure, or permit any growth of any tree, or use property not in compliance with the regulations prescribed in this section may apply to the board of adjustment for a variance in accordance with the provisions of section 701.04. The application for a 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 when substantial evidence in the official record of the application supports all of the following findings:

(1)

That a literal application or enforcement of the regulations will result in unnecessary hardship.

(2)

That the alleged hardships and practical difficulties, which will result from the failure to grant the variance, extend to the inability to use the land in question for any use in conformity with the provision of this section and include substantially more than mere inconvenience and inability to attain a higher financial return.

(3)

That will not create a hazard to air navigation.

(4)

That the variance is in harmony with and serves the general intent and purpose of this section.

(5)

That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this section and the individual hardships that will be suffered by a failure of the board to grant a variance.

Additionally, no application for variances to the requirements of this section may be considered by the board of adjustment unless a copy of this application has been furnished to the airport authority for advise as to the aeronautical effects of the variance. If the airport authority does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny said application.

E.

Obstruction markings and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section 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 Halifax-Northampton Regional Airport Authority, at its own expense, to install, operate and maintain the necessary markings and lights.

1411.09 Enforcement. It shall be the duty of the director of planning and development to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the director of planning and development upon a form published for that purpose. Applications required by this section shall be promptly considered and granted or denied.

1411.10 Penalties. Violation of this section shall be a Class 3 misdemeanor as provided by G.S. 63-35. This section may be enforced by injunctive and order of abatement, and all other appropriate remedies to insure compliance with this section as provided in G.S. 63-35. Each day's continuing violation shall be considered a separate and distinct offense as provided in G.S. 63-35.

1411.11 Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

1411.12 Severability. If any of the provisions of this section or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end, the provisions of this are declared to be severable.

(Ord. of 6-7-99)