(a)

This article is adopted pursuant to the authority conferred by G.S. 63-1 et seq. conferred by the laws of the State of North Carolina. It is hereby found that obstruction has the potential for endangering the lives and property of users of the Ocean Isle Beach Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the 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 airport and the public investment in the airport. Accordingly, it is declared that:

(1)

The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the airport;

(2)

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

(3)

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(b)

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 interest in land.

(Code 1983, § 7-2-1; Ord. of 1-13-2004(2), § 1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means the Town of Ocean Isle Beach Airport.

Airport elevation means 34 feet above mean sea level.

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 66-514. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones means the zones set forth in section 66-513.

Board of adjustment means the zoning board of adjustment of the town.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 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 zoning map, 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.

Nonconforming use means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter.

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, growth or other object, including a mobile object, which exceeds a limiting height set forth in section 66-514.

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 of any of them.

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. The width of the primary surface is set forth in section 66-513. 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 takeoff 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 surfaces extending outward at 90-degree angles to the runway centerline and 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.

Tree means any object of natural growth.

Utility runway means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight and less.

(Code 1983, § 7-2-1; Ord. of 1-13-2004(2), § 1)

Cross reference— Definitions generally, § 1-2.

(a)

In order to carry out the provisions of this article, there are 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. Such zones are shown on the Ocean Isle Beach Airport Height Restriction Ordinance Map consisting of one sheet, prepared by Talbert & Bright and dated ________ which is attached to this article and made a part of this article.

(b)

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 established and defined as follows:

(1)

Utility runway nonprecision instrument zone. 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 2,000 feet at a horizontal distance 5,000 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 5,000 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. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet.

(Code 1983, § 7-2-1; Amend. of 8-8-2000; Ord. of 1-13-2004(2), § 1)

Except as otherwise provided in this article, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit established for such zone. Such applicable height limitations are established for each of the zones in question as follows:

(1)

Utility runway nonprecision instrument approach zone. Slopes 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)

Transitional zones. Transitional zones 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 34 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.

(3)

Horizontal zone. The horizontal zone is established at 150 feet above the airport elevation or at a height of 184 feet above mean sea level.

(4)

Conical zone. The 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.

(5)

Excepted height limitations. Nothing in this article 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.

(Code 1983, § 7-2-1; Ord. of 1-13-2004(2), § 1)

Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to:

(1)

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

(2)

Make it difficult for pilots to distinguish between airport lights and others;

(3)

Result in glare in the eyes of pilots using the airport;

(4)

Impair visibility in the vicinity of the airport;

(5)

Create bird strike hazards; or

(6)

Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Code 1983, § 7-2-1)

(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 tree not conforming to the regulations as of September 11, 1986, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article shall require any change in the construction, alteration or intended use of any structure the construction or alteration of which was begun prior to September 11, 1986, and is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding the provisions of subsection (a) of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance of such markers and lights as shall be deemed necessary by the airport manager or his designee 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 town.

(Code 1983, § 7-2-1)

(a)

Future use. Except as specifically provided in subsections (a)(1) through (3) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created in this article unless a permit 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 prescribed in this article. If such determination is in the affirmative, the permit shall be granted. No 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) of this section.

(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 4,200 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.

(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 September 11, 1986, or the effective date of any amendments to this article 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 manager or his designee 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 the growth of any tree, or use property not in accordance with the regulations prescribed in this article may apply to the board of adjustment for a variance from such regulations. 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 it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the board of adjustment unless a copy of the application has been furnished to the airport manager or his designee for advice as to the aeronautical effects of the variance. If the airport manager or his designee does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny the application.

(e)

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

(Code 1983, § 7-2-1; Ord. of 1-13-2004(2), § 1)

It shall be the duty of the town manager or his designee to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the town manager or his designee upon a form published for that purpose. Applications required by this article to be submitted to the town manager or his designee shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the airport manager or his designee.

(Code 1983, § 7-2-1)

(a)

There is created a board of adjustment to have and exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by the airport manager or his designee in the enforcement of this article;

(2)

To hear and decide special use permits upon which such board of adjustment under such regulations may be required to pass; and

(3)

To hear and decide specific variances.

(b)

The board of adjustment shall be the established zoning board of adjustment.

(c)

The board of adjustment shall adopt rules for its governance and in harmony with the provisions 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 of adjustment may determine. The chairman or, in the absence of the chairman, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment 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 action, all of which shall immediately be filed in the office of the town clerk and on due cause shown.

(d)

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, requirement, decision or determination which comes before it under the provisions of this article.

(e)

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 town manager or his designee, 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 to this article.

(Code 1983, § 7-2-1; Res. No. 2020-19, 11-10-2020)

Cross reference— Boards, commissions and committees, § 2-181 et seq.

(a)

Any person aggrieved or any taxpayer affected by any decision of the airport manager or his designee, made in the administration of this article, may appeal to the board of adjustment.

(b)

All appeals under this section must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the airport manager or his designee a notice of appeal specifying the grounds of the appeal. The airport manager or his designee 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 airport manager or his designee 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 the opinion of the airport manager or his designee cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment or notice to the airport manager or his designee, and on due cause shown.

(d)

The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the appeal 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, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from as may be appropriate under the circumstances.

(Code 1983, § 7-2-1)

Any person aggrieved or any taxpayer affected by any decision of the board of adjustment may appeal to the superior court as provided in G.S. 63-34.

(Code 1983, § 7-2-1)

Any person violating any provision of this article or any regulation, order or ruling promulgated under this article shall upon conviction be punished in accordance with section 1-6.

(Code 1983, § 7-2-1)

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 or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. of 1-13-2004(2), § 1)

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

(Ord. of 1-13-2004(2), § 1)

Whereas, the immediate operation of the provisions of this article is necessary for the preservation of the public health, public safety, and general welfare, an emergency is hereby declared to exist, and this article shall be in full force and effect from and after its passage by the town and publication and posting as required by law.

Adopted by the ___________ this 13th day of January, 2004.

(Ord. of 1-13-2004(2), § 1)

Editor's note— Ord. of 7-11-2006(3) amended the rules and regulations for airport operations in Ocean Isle Beach and renamed the airport the Odell Williamson Municipal Airport. Previously codified as §§ 66-526—66-535, the regulations can now be found in ch. 8, Aviation. At the editor's discretion and with the consent of the city, the provisions were moved to better reflect the nature of the material they contained.