(A)   Application of the height control regulations.

      (1)   New uses or construction. After March 16, 1998, all new construction or use of land shall conform to the height requirements for the district in which it is to be located.

      (2)   Existing conforming situations. After March 16, 1998, land or structures which then conform to the regulations for the district in which it is located, may be continued, provided that any structural alterations or change in use shall conform with the regulations herein specified.

      (3)   Existing nonconforming situations. After March, 16, 1998, pre-existing lots, or structures which would be prohibited under the regulations for the district in which it is located shall be considered as nonconforming. Nonconforming structures or uses may be continued, provided they conform to the provisions of this section.

   (B)   Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any airport zone established by this section 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 or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. The owner of any existing nonconforming structure or tree or other vegetation is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the county’s Airport Administrator 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 county.

(Ord. passed 10-17-2011)

   (A)   In order to carry out the provisions of this section, there are hereby created and established certain airport zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Harnett County Airport. Such zones are shown on the “Harnett County Airport Height Control Map”.

   (B)   An area located in more than one of the following airport zones is considered to be only in the airport zone with the more restrictive height limitation.

   (C)   The various zones are established and defined as follows:

      (1)   Nonprecision instrument approach zone (for runway larger than utility with a visibility minimum greater than three-fourths of a mile). The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

      (2)   Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

      (3)   Horizontal zone. The horizontal zone is established by swinging arcs of 10,000 feet 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. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward and upward there from form a horizontal distance of 4,000 feet.

(Ord. passed 10-17-2011)

   (A)   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 airport zone created by this section to a height in excess of the applicable height limit herein established for such zone.

   (B)   Such applicable height limitations are established for each of the zones in question as follows:

      (1)   Nonprecision instrument approach zone (for runway larger than utility with a visibility minimum greater than three-fourths of a mile). 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;

      (2)   Precision instrument runway approach zone. Runway having an existing instrument procedure utilizing an Instrument Land System (ILS) or a Precision Approach Radar (PAR);

      (3)   Transitional zones. Slopes 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 199 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;

      (4)   Horizontal zone. Established at 150 feet above the airport elevation or at a height of 349 feet above mean sea level;

      (5)   Conical zone. 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 (549 feet above mean sea level); and

      (6)   Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

(Ord. passed 10-17-2011)

   (A)   Future uses. Except as specifically provided in divisions (A)(1) and (A)(2) below, no material change shall be made in the use of land which results in creation of an aviation hazard, no structure shall be erected or otherwise established, and no tree shall be planted in any airport zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined 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 this chapter.

      (1)   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 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 5,300 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree 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 permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

      (4)   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 of the height limits established by this section except as set forth in § 153.192(B)(6).

   (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 March 16, 1998 or any amendments thereto or 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 Airport Administrator determines that a nonconforming tree or structure has been abandoned or more than 80% torn down (or damaged more than 80% of the current county tax value), 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 the growth of any tree, or use property, not in accordance with the regulations prescribed in this section, may apply to the Board of Adjustment for a variance from such regulations in accordance with the provisions of this chapter. The procedure for application and review of variance requests can be found in §§ 153.300 through 153.304.

   (E)   Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter 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, at its own expense, to install, operate, and maintain the necessary markings and lights.

   (F)   Airport zone disclosure statement. The following statement shall be included on all development related plats/plans for those properties located in “Airport Zones”, as described in § 153.191. In no case shall a permit be issued for a plat/plan unless such statement is included thereon.

 

 

(Ord. passed 10-17-2011)