For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   Runway 2-20 - 6,500 feet × 150 feet   Precision Approach

   Runway 8-26 - 4,997 feet × 150 feet   Non-Precision Approach

   Runway 15-33 - 2,500 feet × 150 feet   Visual Approach

(Ord. No. 04-45, passed 5-13-2004)

      This chapter shall be known and may be cited as the “Pitt-Greenville Airport zoning ordinance” or this chapter.

(Ord. No. 04-45, passed 5-13-2004)

      The airport hazard zoning map is hereby incorporated as an administrative supplement by reference and made a part of this chapter. A copy of the map is on file in the office of the Director of Planning and Development Services. A digital copy of the map shall be maintained in the city’s graphic information system (GIS) that shall be utilized for purposes of administration of this chapter. The airport hazard zones as illustrated on the map are a depiction of the regulatory surfaces as provided herein and the map shall be automatically amended by addition, alteration or extension of the associated physical facility.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

     There are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, inner horizontal and conical surfaces, as defined herein, as they apply to Pitt-Greenville Airport and which are depicted on the airport hazard zoning map.

(Ord. No. 04-45, passed 5-13-2004)

   (A)   Except as otherwise provided by subsection (C), or noted in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this chapter to a height in excess of the limiting height of the applicable zone represented by the conical surfaces, inner horizontal surface, primary surface and transitional surfaces herein established.

   (B)   Limiting height for each zone shall be depicted on the airport hazard zoning map through the use of intermediate aerial contours superimposed over existing ground contours.

   (C)   Temporary construction equipment, including cranes or other apparatus, that exceed the height limitation of the applicable zone represented by the conical surfaces, inner horizontal surface, primary surface and transitional surfaces herein established shall be permitted provided:

      (1)   The sponsor of the temporary construction equipment has filed FAA Form 7460-1, Notice of Proposed Construction or Alteration, or other amended or substitute FAA Form required for this purpose with the FAA;

      (2)   The FAA has stated in writing that a FAA Aeronautical Study has resulted in the determination that the temporary construction equipment would not be a hazard to air navigation;

      (3)   The sponsor of the temporary construction equipment shall deliver a copy of the FAA written determination to the Executive Director of the Pitt-Greenville Airport at least ten days prior to any airport height zone encroachment allowed pursuant to this subsection (C); and

      (4)   The temporary construction equipment is marked and lighted in accordance with the lighting and marking standards prescribed by the FAA.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 12-011, § 1, passed 3-8-2012)

    Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, or in any way impair the visibility of pilots using the airport, or otherwise create a hazard to aircraft intending to use the airport.

(Ord. No. 04-45, passed 5-13-2004)

   (A)   Regulations, not retroactive. The regulations prescribed by this chapter shall not be construed as to require the removal or alteration of any tree or structure not conforming to these regulations as of May 4, 1944, the date of enactment of the ordinance codified in this chapter. Nothing contained herein shall require any change in construction or use of any structure begun prior to the above-referenced date.

    (B)   Marking or lighting. The owner of any aforementioned existing nonconforming structures or trees is hereby required to permit the installation, operation and maintenance thereon of such markers and/or lights as deemed necessary by the airport authority; to clearly indicate the presence of such obstructions or hazards to air navigation. All the markers and/or lights shall be installed, operated and maintained at the expense of the airport authority.

(Ord. No. 04-45, passed 5-13-2004)

    (A)   Future uses.

      (1)   No material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created, unless a permit therefor shall have been applied for and granted as required by this chapter.

      (2)   However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of runway except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

      (3)   Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.

    (B)   Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation that it was on the effective date of this chapter or any amendments thereto or greater than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

    (C)   Nonconforming uses abandoned or destroyed. Whenever the Zoning Enforcement Officer determines that a nonconforming tree or structure has been abandoned or more than 50% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the 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 the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this chapter, may apply to the Board of Adjustment for a variance from the regulations. The variance shall be allowed when unnecessary hardship would result from carrying out the strict letter of the zoning ordinance, upon a showing that the statutory standards for granting variances, contained in G.S. 160D-705(d), as the same may be amended, are satisfied.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 21-032, § 1, passed 6-21-2021)

   It shall be the duty of the Director of Planning and Development Services, or authorized representative, to accept applications for permits and variances, and consider each and enforce the applicable provisions prescribed herein.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

   Any person aggrieved or affected by any decision of the Director of Planning and Development Services, or authorized representative, made in the administration of this chapter, may appeal to the Board of Adjustment in accordance with applicable procedure and law.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

   It is the intent of this chapter that all questions of interpretation shall be the responsibility of the Director of Planning and Development Services or authorized representative.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

   (A)   It is further the intent of this chapter that the duties of the City Council in connection with this chapter shall be to consider and act upon proposed amendments to this chapter.

   (B)   The duties of the City Council shall not include hearing and deciding questions of interpretation and enforcement that arise.

(Ord. No. 04-45, passed 5-13-2004)

   The Zoning Enforcement Officer shall be responsible for the enforcement of this chapter. The Zoning Enforcement Officer may provide for the enforcement of this chapter by means of withholding permits and/or issuance of civil citation(s) as provided herein. The Zoning Enforcement Officer may provide for enforcement by instituting injunction, mandamus or other appropriate action or proceeding to prevent unlawful erection, construction, reconstruction, alteration, conversion, moving, maintenance or use; to correct or abate the violation; or to prevent the occupancy of the building, structure or land. If a decision of the Zoning Enforcement Officer is questioned, the aggrieved person may appeal the decision to the Board of Adjustment in accordance with applicable procedure and law.

(Ord. No. 04-45, passed 5-13-2004)

   No land, building or structure shall be used, no building, sign or structure shall be erected, and no existing building, sign or structure shall be moved, expanded, enlarged or altered until the Director of Planning and Development Services, or authorized representative, has approved the use or construction in accordance with the provisions of this chapter.

(Ord. No. 04-45, passed 5-13-2004; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

   A certificate of occupancy issued by the Building Inspector is required in advance of occupancy or use of a building hereafter erected, altered or moved; and for a change of use of any building or land. It shall be unlawful to occupy any building or structure without a certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or structure conforms to the applicable provisions of these regulations.

(Ord. No. 04-45, passed 5-13-2004)

   Where any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Zoning Enforcement Officer, Building Inspector, any other appropriate city authority, or any person who would be damaged by the violation may, in addition to other remedies, institute an action for injunction, mandamus or other appropriate action or proceeding to prevent the violation.

(Ord. No. 04-45, passed 5-13-2004)

A stop work order may be issued or a building permit or certificate of occupancy may be revoked by the Building Inspector when the method of moving, construction, alteration, repair or use violates any provision of these regulations or any state or local law, ordinance or resolution. Upon notice, any further work upon the moving, construction, alteration or repair of a building or structure, or further use of a building, structure or land shall be deemed a violation.

(Ord. No. 04-45, passed 5-13-2004)

   (A)   Any violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty as follows:

      (1)   In the amount of $50 for each offense on the first day of the offense;

      (2)   In the amount of $100 for each offense either: on the second day of the offense; or when the offense is a second offense within a 12-month period; and

      (3)   In the amount of $250 for each offense either: on the third day and on each subsequent day of the offense; or when the offense is the third or subsequent offense within a 12-month period.

   (B)   Violators shall be issued a written citation that must be paid within 72 hours. If a person fails to pay the civil penalty within 72 hours, the city may recover the penalty together with all costs by filing a legal action in the general court of justice in the nature of a suit to collect a debt.

   (C)   This chapter may also be enforced by any appropriate equitable action.

   (D)   Each day that any violation continues shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Notwithstanding the foregoing, the Zoning Enforcement Officer may invoke the escalating civil penalties authorized by subsection (A) whenever the violation continues and there has been sufficient time for the violation to be corrected after notification that the violation exists or whenever the violation has occurred previously during a 12-month period.

   (E)   Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.

   (F)   The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Ord. No. 04-45, passed 5-13-2004)