This article shall be known and may be cited as the "Granville County Oxford-Henderson Airport Height Ordinance".

(Ord. of 9-2-2003, § 1)

This article is adopted under the authority granted by G.S. 160D-904 and G.S. ch. 63, art. 4 which statutes are adopted herein by reference as if a part hereof to the extent said statutes are not inconsistent with the terms of this article.

(Ord. of 9-2-2003, § 2; Amend. of 4-19-2021(2), § 1)

This article shall govern all land in the county, except such land as is within the planning jurisdiction of any municipality, as set forth more specifically herein.

(Ord. of 9-2-2003, § 3)

As used in this article, unless the context otherwise requires:

Airport means the Oxford-Henderson Airport.

Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level. The Oxford-Henderson Airport elevation equals 529 feet MSL.

Airport protection surface means a horizontal plane 350 feet above the established airport elevation which extends outward from the periphery of the conical surface.

Approach surface means 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 32-556 of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, conical and airport protection zones means these zones are set forth in section 32-555 of this article.

Board of adjustment means the Granville County Board of Adjustment, established pursuant to section 32-992 of the Code, will serve as the board of appeals for this article.

Conical surface means 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 means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height means for the purpose of determining the height limits in all zones set forth in this article and shown on the Oxford-Henderson Airport Height Ordinance Map prepared by Granville County GIS and dated August 11, 2003, the datum shall be mean sea level elevation unless otherwise specified.

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

MSL means mean sea level.

Nonconforming use means ay pre-existing structure or use of land which is inconsistent with the provisions of this article or an amendment thereto.

Nonprecision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

Obstruction means any structure or other object, including a mobile object, which exceeds a limiting height set forth in section 32-556 of this article.

Person means 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 means 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 means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in section 32-555 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

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

Structure means 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 means 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.

(Ord. of 9-2-2003, § 4)

(a)

In order to carry out the provisions of this article, 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 Oxford-Henderson Airport. Such zones are shown on Oxford-Henderson Airport Height Ordinance map prepared by Granville County GIS and dated August 11, 2003, which is attached to this article and made a part hereof.

(b)

Except as otherwise provided in this section, no structure or obstruction shall be erected, altered or maintained, 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:

(1)

Approach zone—AHD-A:

a.

Runway 24: Runway larger than utility with a visibility minimum as low as ¾ mile nonprecision instrument approach zone: 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 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

b.

Runway 6: Precision instrument runway approach zone: 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.

(2)

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

(3)

Horizontal zone—AHD-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 zones.

(4)

Conical zone—AHD-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 an elevation of 879 feet above mean sea level. There are four conical zones (AHD-C-A, AHD-C-B, AHD-C-C, and AHD-C-D), 1,000 feet horizontally each and rise 50 feet in elevation. The maximum height of any structure within the conical zones are as follows:

AHD-C-A = 679 feet MSL

AHD-C-B = 729 feet MSL

AHD-C-C = 779 feet MSL

AHD-C-D = 829 feet MSL

(5)

Airport protection zone—AHD-P: Established at an elevation of 879 feet above mean sea level.

(Ord. of 9-2-2003, § 5)

Except as otherwise provided in this article, no structure or obstruction shall be erected, altered, or maintained in any zone created by this article 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:

(1)

Approach zone (AHD-H):

a.

Runway 24: Slopes 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.

b.

Runway 6: 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.

(2)

Transitional zone (AHD-T): Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 679 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(3)

Horizontal zone (AHD-H): Established at 150 feet above the airport elevation or at a height of 679 feet above mean sea level.

(4)

Conical zone (AHD-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.

(5)

Airport protection zone (AHD-P): Established at an elevation of 350 feet above the airport elevation and extends outside the conical zone throughout the county.

(6)

Excepted height limitations: Nothing in the ordinance shall be construed as prohibiting the construction or maintenance of any structure or obstruction to a height up to 100 feet above the surface of the land.

(Ord. of 9-2-2003, § 6)

Notwithstanding any other provisions of the ordinance, no use may be made of land or water within any zone established by this article 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 distinguish between airport lights 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 of interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. of 9-2-2003, § 7)

(a)

Regulations not retroactive: The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or obstruction not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration ow which was begun prior to the effective date of this article, and is diligently prosecuted.

(b)

Marking and lighting: Notwithstanding the preceding provisions of this sections, the owner of any existing nonconforming structure or obstruction is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights a shall be deemed necessary by the development services department to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Oxford-Henderson Airport.

(Ord. of 9-2-2003, § 8)

(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 or obstruction shall be erected or otherwise established in any zone hereby created unless an airport height permit shall indicate the purpose for which the airport height permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or obstruction would conform to the regulations herein prescribed. If such determination is in the affirmative, the airport height permit shall be granted. No airport height permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection (d).

(1)

In the area lying within the limits of the horizontal zone and conical zone, no airport height permit shall be required for any structure or obstruction less than 100 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features, such obstruction 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 4,200 feet from each end of the runway, no airport height permit shall be required for any obstruction or structure less than 100 feet of vertical height above the ground, except when because of terrain, land contour, or topographic features such obstruction or structure would extend above the height limit prescribed for such approach zones.

(3)

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no airport height permit shall be required for any obstruction or structure less than 100 feet of vertical height above the ground, except when such obstruction or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed 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 obstruction in excess of any height limits established by this article except as set forth in subsection (d).

(b)

Existing uses: Before any nonconforming structures or obstructions existing as of the date of the adoption of this article may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a airport height permit must be secured from the Granville County Planning Department authorizing such replacement, change or repair. No such airport height permit shall be granted that would allow the structure or obstruction in question to be made higher or become a greater hazard to air navigation than it was when this article was adopted.

(c)

Nonconforming uses abandoned or destroyed: Whenever the Granville County Development Services Department determines that a nonconforming structure or obstruction has been abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed: (i) no airport height permit shall be granted that would allow such structure or obstruction to exceed the applicable height limit or otherwise deviate from these regulations under this article; and (ii) whether application is made for a airport height permit under this paragraph or not, the Granville County Development Services Department may by appropriate action compel the owner of the nonconforming structure or other obstruction, at his own expense, to lower, remove, reconstruct or equip such object as may be necessary to conform to the regulations or if the owner of the nonconforming structure or obstruction shall neglect or refuse to comply with such order for ten days after notice thereof, the Granville County Development Services Department may proceed to have the object so lowered, removed, reconstructed or equipped with the costs of such removal to be taxed to the owner. Except as indicated, all applications for airport height permits for replacement, change or repair of nonconforming uses shall be granted.

(d)

Variances:

(1)

Any person desiring to erect any structure, or increase the height of any structure, or otherwise use his property, in violation of regulations set forth in this article, may apply to the board of adjustment for a variance from the regulations herein. The application for 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 where 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 or create a hazard to air navigation, but do substantial justice and be in accordance with the spirit of this article and G.S. 160D-705 and G.S. ch. 63, art. 4.

(2)

Any person submitting an application for a variance to the requirements of this article must first furnish, or cause to be furnished, a copy of the application to the Aeronautics Authority of the City of Henderson, City of Oxford, County of Granville and County of Vance (the "aeronautics authority") for advise as to the aeronautical effects of the variance. Failure to first submit the application for a variance to the aeronautics authority will result in no action being taken on the application for a variance. If the aeronautics 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 marking and lighting: In granting any airport height permit or variance under this section, the development services department or board of adjustment may, if it deems such an action advisable to effectuate the purposes of this article and reasonable in the circumstances, so condition such airport height permit or variance as to require the owner of the structure or obstruction in question to install, operate and maintain, at owner's expense, suitable obstruction markers and obstruction lights thereon. After considering all of the circumstances, the board of adjustment, in its sole discretion, may modify this condition to require the owner to permit the aeronautics authority, at its own expense, to install, operate, and maintain the necessary markings and lights.

(Ord. of 9-2-2003, § 9; Amend. of 4-19-2021(2), § 1)

It shall be the duty of the development services department to administer and enforce the regulations prescribed herein. Applications for airport height permits and variances shall be made to the development services department upon a form furnished for that purpose. Applications required by this article to be submitted to the development services department shall be promptly considered and granted or denied. Applications for action by the board of adjustment shall be forthwith transmitted by the development services department. No building permit shall be issued without the applicant first having applied for and received an airport height permit as described in this article.

(Ord. of 9-2-2003, § 10)

(a)

Pursuant to G.S. § 63.33(c), the Granville County Board of Adjustment is hereby appointed the board of appeals under this article and shall have and shall exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the development services department in the enforcement of this article or of G.S. ch. 63, art. 4;

(2)

To hear and decide special exceptions to the terms of this article upon which the board of adjustment may be required to pass under this article; and

(3)

To hear and decide specific variances under section 32-559(d).

(b)

The board of adjustment shall adopt such rules for its governance as are necessary to effectuate the purposes and intent of this article. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be of public record.

(c)

The board of adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirements, decision, or determination which comes before it under the provisions of this article.

(d)

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 development services department, or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect variation in this article.

(Ord. of 9-2-2003, § 11)

(a)

Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the political subdivision affected, by any decision of the development services department.

(b)

An appeal must be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the development services department and with the board of adjustment, a notice of appeal specifying the grounds thereof. The development services department shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(c)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the development services department 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 its opinion, cause imminent peril to life or property. In such case proceedings shall not by stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the development services department and on due cause shown.

(d)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, 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.

(e)

The board of adjustment may, in conformity with the provisions of this article and G.S. ch. 63, art. 4, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all of the powers of the development services department.

(Ord. of 9-2-2003, § 12)

Any person aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the county may present to the superior court a verified petition requesting a review of the decision of the board of adjustment as set forth in G.S. 160D-1401 and G.S. ch. 63, art. 4.

(Ord. of 9-2-2003, § 13; Amend. of 4-19-2021(2), § 1)

Each violation of this article or G.S. ch. 63, art. 4, or of any regulations, order or ruling promulgated or made pursuant to this article or G.S. ch. 63, art. 4, shall constitute a class 3 misdemeanor, and each day a violation continues to exist shall constitute a separate offense. In addition, the county may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this article or G.S. ch. 63, art. 4, or of any order or ruling made in connection with the administration or the enforcement thereof and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this article and of G.S. ch. 63, art. 4 and orders and rulings made pursuant thereto. For further reference, see G.S. 160D-404.

(Ord. of 9-2-2003, § 14; Amend. of 4-19-2021(2), § 1)

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

(Ord. of 9-2-2003, § 15)