Statesville City Zoning Code

This article shall be known and may be cited as "The Statesville Regional Airport Height and Overlay Zoning Ordinance" created by the City Council of the City of Statesville.

This article shall regulate and restrict the height of structures, objects, and growth of natural vegetation, otherwise regulating the use of property, in the vicinity of the Statesville Regional Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the Statesville Regional Airport Height Zoning Map which is incorporated in and made a part of this article; providing for enforcement; establishing a board of adjustment; and imposing penalties.

(Ord. No. 02-21, 2-1-2021)

The legislature of the State of North Carolina has, in [G.S.] Ch. 63, Art. 4, Model Airport Zoning Act, authorized local governmental units to adopt regulations designed to protect the public health, public safety, and general welfare of their citizenry.

The city has decided to update existing regulations and overlay districts around Statesville Regional Airport.

Therefore, it [is] ordained by the City Council of the City of Statesville that this article be enacted into law as the Airport Hazard Overlay District of the City of Statesville's planning jurisdiction.

(Ord. No. 02-21, 2-1-2021)

The Statesville Regional Airport is acknowledged as an essential public facility to the State of North Carolina and the local community.

It is hereby found that an obstruction has the potential for endangering the lives and property of users of Statesville Regional Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Statesville 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 Statesville Regional Airport and the public investment therein. Accordingly, it is declared:

(1)

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

(2)

That it is necessary in the interest of the public health, public safety, and general welfare, and for the promotion of the most appropriate use of land, that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

(3)

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

(Ord. No. 02-21, 2-1-2021)

This article shall be known and may be cited as the "Statesville Regional Airport Hazard Overlay District."

(Ord. No. 02-21, 2-1-2021)

As used in this article, unless the context otherwise requires, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Airport means the Statesville Regional Airport.

Airport Elevation means the highest point of an airport's usable landing area measured in feet above mean sea level, which is nine hundred sixty-seven and eight tenth (967.8) feet above mean sea level at Statesville Regional Airport.

Airport reference point means the center point of an airport, located at the geometric center of all usable runways. The airport reference point (ARP) is computed as a weighted average of the end of runway coordinates.

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 4-7 of this article. This surface is based upon the civil airport imaginary surfaces defined in 14 CFR Part 77, Subpart C, § 77.19.

Airport overlay zones (primary, approach, transitional, horizontal, and conical) means a mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. These zones are set forth in section 4-6 of this article.

Board of adjustment means a board appointed by the Statesville City Council.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. This surface is based upon the civil airport imaginary surfaces defined in 14 CFR Part 77, Subpart C, § 77.19.

Decision height means the height at which a decision must be made during either a precision instrument approach or an instrument approach with vertical guidance to either continue the approach or to execute a missed approach.

FAA means the Federal Aviation Administration.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace as determined by the FAA per 14 CFR Part 77, Subpart D.

Height means the vertical distance from the ground elevation to the highest point of a structure or tree, including any appurtenance thereon. For the purpose of determining the height limits in all zones set forth in this article and shown on the Statesville Regional Airport Height Zoning Map, the reference shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane one hundred and fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. This surface is based upon the civil airport imaginary surfaces defined in 14 CFR Part 77, Subpart C, § 77.19.

Larger than utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet powered aircraft.

Minimum descent altitude (MDA) means the lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circling-to-land maneuvering in execution of an instrument approach procedure where no vertical guidance is provided.

Minimum en-route altitude (MEA) means the lowest altitude, expressed in feet above mean sea level, in effect between fixes on VOR airways or en-route segments that meets obstacle clearance requirements and ensures acceptable navigational signal coverage for the entire route segment.

Minimum obstruction clearance altitude (MOCA) means the lowest published altitude, expressed in feet above mean sea level, in effect between fixes on VOR airways or en-route segments that meets obstacle clearance requirements for the entire route segment.

Nonconforming use means any pre-existing structure, either permanent or temporary, object of natural growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.

Non-precision instrument runway means a runway having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance for which a straight-in non-precision instrument approach procedure has been approved or planned, or a runway having an existing or planned approach with vertical guidance using area navigation (RNAV) equipment supported by a satellite-based augmentation system (SBAS) for the global positioning system (GPS).

Obstacle means any structure, growth, or other object, including a mobile object, that has been identified as having a potential to be an obstruction.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 4-7 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 of any of them.

Planning director means the administrative office or agency responsible for administering zoning within the City of Statesville.

Precision instrument runway means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), a precision approach radar (PAR) or a ground-based augmentation system (GBAS) for the global positioning system (GPS). 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 two hundred (200) feet beyond each end of that runway. The width of the primary surface is set forth in section 4-6 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. This surface is based upon the civil airport imaginary surfaces defined in 14 CFR Part 77, Subpart C, § 77.19.

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

Structure means an object, either permanent or temporary, 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 that extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) 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 five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety (90) degree angles to the extended runway centerline. This surface is based upon the civil airport imaginary surfaces defined in 14 CFR Part 77, Subpart C, § 77.19.

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 twelve thousand five hundred (12,500) pounds maximum gross weight and less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. No. 02-21, 2-1-2021)

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 primary surface, approach surfaces, transitional surfaces, horizontal surface, and conical surface as they apply to Statesville Regional Airport in its planned ultimate configuration. Such zones are shown on the Statesville Regional Airport Height Zoning Map consisting of two (2) sheets, prepared by Parrish and Partners, LLC and dated July 23 ^rd , 2020, which is attached to the ordinance from which this article is derived and made a part hereof. An area located in more than one (1) 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)

Primary zone. The primary zone is the areas beneath the primary surface. This zone extends two hundred (200) feet beyond each physical end of the runway, has a width of one thousand (1,000) feet, and is centered on the runway centerline. The primary surface and the primary zone are based on a planned ultimate runway length of eight thousand (8,000) feet.

(2)

Non-precision instrument runway with visibility minimums as low as 3/4 mile approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(4)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(5)

Horizontal zone. The horizontal zone is established by swinging arcs of ten thousand (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.

(6)

Conical zone. 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 four thousand (4,000) feet.

(Ord. No. 02-21, 2-1-2021)

(a)

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 herein established for such zone, as depicted on the Statesville Regional Airport Height Zoning Map referred to in section 4-6. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1)

Primary zone. The elevation of any point in the primary zone is the same as the elevation of the nearest point on the runway centerline.

(2)

Non-precision instrument runway with visibility minimums as low as 3/4 mile approach zone. Slopes thirty-four (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 ten thousand (10,000) feet along the extended runway centerline.

(3)

Precision instrument runway approach zone. Slopes fifty (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 ten thousand (10,000) feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerline.

(4)

Transitional zones. Slope seven (7) 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 one hundred and fifty (150) feet above the airport elevation which is nine hundred sixty-seven and eight tenth (967.8) feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) 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 (7) 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 five thousand (5,000) feet measured at ninety (90) degree angles to the extended runway centerline.

(5)

Horizontal zone. Established at one hundred and fifty (150) feet above the airport elevation or at an elevation of one thousand one hundred seventeen and eight tenth (1,117.8) feet above mean sea level.

(6)

Conical zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of three hundred and fifty (350) feet above the airport elevation.

(b)

The following limitations shall also hereby apply:

(1)

Structures and/or trees that exceed the height limitations established for each zone in this article are hereby determined to be obstructions. Except for the City of Statesville, the property owner of a tree determined to be an obstruction shall not be responsible for bringing such tree into conformance with this article.

(2)

In addition to the height limitations defined herein, any structure or tree that would either cause a minimum obstruction clearance altitude, a minimum descent altitude, or a decision height for Statesville Regional Airport to be raised, takeoff minimums to be raised, or a non-standard climb gradient to be increased, is hereby determined to be an obstruction.

(3)

Notwithstanding any other provision of this article, any structure or tree that exceeds the following height limitations within the jurisdictional limits of the City of Statesville shall be considered an obstruction:

a.

A height of five hundred (500) feet above ground level at the site of the structure.

b.

A height that is two hundred (200) feet above ground level, or the established airport elevation, whichever is higher, within three (3) nautical miles of the established airport reference point.

(Ord. No. 02-21, 2-1-2021)

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 create interference with the operation of airborne aircraft. The following special requirements shall apply to each permitted use:

(1)

All lights, lasers or illumination used in conjunction with streets, parking, signs, or use of land, and structures, shall be arranged and operated in such a manner so that it is not misleading or dangerous to aircraft operating from the Airport or in the vicinity thereof. Particularly, it shall not be made difficult for pilots to distinguish between airport lights and others.

(2)

No operations or use of land of any type shall produce smoke, glare or other visual hazards which impair the visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(3)

No operations or use of land of any type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(Ord. No. 02-21, 2-1-2021)

(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 the effective date of the ordinance from which this article is derived, or otherwise interfere with the continuance of nonconforming use of any structure or tree not conforming to the regulations as of December 3, 2003. 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 the ordinance from which this article is derived and is diligently prosecuted.

(b)

Marking 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 airport manager 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 owner of such nonconforming structure or tree in accordance with FAA Advisory Circular AC 70/7460-1L or subsequent revisions.

(Ord. No. 02-21, 2-1-2021)

(a)

Future uses. Except as specifically provided in (1), (2), and (3) hereunder, 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 hereby created unless a permit in accordance with the provisions of this article has 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 article shall be granted unless a variance has been approved in accordance with section 4-10(d).

(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 eighty (80) 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 four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than eighty (80) 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 eighty (80) 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)

When compliance with the aerial contour height limits as depicted on the Statesville Regional Airport Height Zoning Map cannot be clearly established without further information, the planning director may require that the permit include, but not be limited to, the ground elevation and coordinates of the area in question with certification by a registered land surveyor or professional engineer.

(5)

Each applicant for a permit shall include as an attachment to the application an airspace determination issued by the FAA pursuant to the requirements of 14 CFR Part 77, and a copy of FAA Form 7460.

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 growth of any tree in excess of any of the height limits established by this article.

(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 the ordinance from which this article is derived 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 planning director determines that a nonconforming tree or structure has been abandoned or more than eighty (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 tree, or use their property not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. Such variances may be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or undue hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the intent of this article.

(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 in accordance with FAA Advisory Circular AC 70/7460-1L or subsequent revisions.

(Ord. No. 02-21, 2-1-2021)

It shall be the duty of the planning director to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the planning director upon a form published for that purpose. Applications required by this article to be submitted to the planning director shall be promptly considered and granted or denied by the planning director. The planning director shall not have or exercise any of the powers or duties herein delegated to the board of adjustment.

(Ord. No. 02-21, 2-1-2021)

(a)

The City of Statesville Board of Adjustment is to have and exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the planning director in the enforcement of this article.

(2)

To hear and decide special exceptions to the terms of this article upon which such Board of Adjustment under such regulations may be required to pass.

(3)

To hear and decide specific variances under section 4-10(d).

(b)

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 actions, all of which shall immediately be filed in the office of the board of adjustment, shall be public record and on due cause shown.

(c)

Before the board of adjustment considers a variance request or hears an appeal from any order, requirement, decision or determination made under the provisions of this article, the Statesville Regional Airport Commission shall be given an opportunity to make recommendations with respect to the variance or appeal.

(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 four-fifth (4/5) of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the planning director or 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.

(Ord. No. 02-21, 2-1-2021)

(a)

Any person aggrieved, or any taxpayer, officer, department, board, commission or bureau of the county affected, by any decision of the planning director made in the administration of the ordinance, may appeal to the board of adjustment as provisioned in section 4-12.

(b)

All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the planning director a notice of appeal specifying the grounds thereof. The planning director 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 planning director certifies to the board of adjustment, after the notice of appeal has been filed, that by reason of the facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the board of adjustment on notice to the planning director 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 same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. All witnesses will be sworn and a record of the proceedings shall be kept.

(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 and may make such order, requirement, decision, or determination as may be appropriate under the circumstances, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

(Ord. No. 02-21, 2-1-2021)

Any person, any taxpayer, or any officer, department, board or bureau of the county aggrieved by any decision of the board of adjustment, may petition for a writ of certiorari to the superior court as provided in G.S. § 63-34.

(Ord. No. 02-21, 2-1-2021)

Each violation of this article or of any regulation, order, or ruling promulgated hereunder shall subject the offender to a civil penalty as provided by section 1-7(b) of the city Code. Each day that the violation continues to exist shall be considered a separate offense.

(Ord. No. 02-21, 2-1-2021)

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. No. 02-21, 2-1-2021)

The term "person" and "attache" as used in this article shall be construed to mean any person, firm, corporation, association, society, club or partnership, singular and/or plural.

(Code 1959, § 2-105)

Cross reference— Definitions and rules of construction generally, § 1-2.

References in this article to the municipal airport shall be construed to mean the entire area of the municipal airport of the city.

(Code 1959, § 2-101)

(a)

Creation. There is created a commission to be known as the Statesville Regional Airport Commission.

(b)

Members. The airport commission shall be composed of seven (7) voting members. Five (5) of the members shall be appointed by the city council. One (1) member of the city council shall be appointed by the mayor. One (1) member of the county commission shall be appointed by the county commissioners. No more than three (3) of the seven (7) appointed members may live out of the city limits. The terms of all members appointed by the council shall be three (3) years, except that in case of a vacancy occurring during the term, the same shall be filled by the council for the unexpired portion of the term. Any member of the commission may be removed at any time with or without cause by two-thirds vote of the council. An airport commission member who misses three (3) unexcused regular meetings in a row is subject to removal.

(c)

Function. The airport commission shall be responsible for recommending broad policies that affect the care and maintenance of the airport. Rules and regulations for safe and proper operation of the airport via the staff member assigned to the airport. The commission is hereby further invested with specific powers as the city council shall prescribe through this chapter.

(Code 1959, §§ 2-92—2-94; Ord. No. 8-05, 4-4-05; Ord. No. 47-05, 11-7-05)

State Law reference— Airport commission authorized, G.S. § 63-53.

All laws of the federal government, the state and all published regulations of any authorized federal or state agency having jurisdiction or authority relating to the municipal airport or its operation shall be applicable in every respect and the provisions of this article shall be in addition to any such laws or regulations. This article shall be in addition to any and all other ordinances of the city relating to the municipal airport.

(Code 1959, § 2-95)

The municipal airport is a free airport open to all transient traffic, but all operators who come here will be governed by the rules and regulations as set forth in this article. All persons connected with the municipal airport in any capacity are required to know the rules and regulations of this airport and to cooperate with the authorities in enforcement of the same and to assist in the protection of life and property at all times.

(Code 1959, § 2-96)

Only aircraft and airmen licensed by the government of the United States shall operate on or over the municipal airport; provided, however, that this restriction shall not apply to public aircraft of the federal government, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.

(Code 1959, § 2-97)

(a)

No person shall navigate any aircraft over, land upon or fly the same from, or service, maintain or repair any aircraft on the municipal airport, or conduct any aircraft operations on or from the airport, otherwise than in conformity with this article and the requirements of the federal government agency having jurisdiction thereof.

(b)

No person will be allowed to give flying instructions or student training on or from the municipal airport without first obtaining a pilot's license with appropriate rating classification and a flight instructor certificate issued by the federal government.

(Code 1959, § 2-98)

(a)

The name, address, telephone number and nature of business or occupation of all persons stationed or employed upon the municipal airport property or receiving instruction or operating therefrom shall be registered at the office of the airport manager.

(b)

The airport manager shall at all times have authority to take such action as may be necessary in the handling, conduct and management of the public in attendance at the airport.

(Code 1959, § 2-99)

Any parts of the landing areas or runways of the municipal airport temporarily unsafe or unavailable will be clearly marked, both day and night, with standard obstruction markers and, when so marked, are not to be used.

(Code 1959, § 2-102)

Attaches of the municipal airport who witness or participate in aircraft accident will be required to render a prompt detailed report to the airport manager's office, together with the names and addresses of all witnesses.

(Code 1959, § 2-103)

(a)

The conduct of the public visiting the municipal airport and vehicular traffic shall at all times be under the control of the manager and/or his regularly designated assistants.

(b)

Education of the public in the principles of aeronautics will be encouraged by permitting visitors every reasonable freedom, but the airport manager or his representatives may adopt any restrictive measures necessary for safety.

(c)

Automobiles and other vehicles shall stay within the limits designated, with the exception of vehicles regularly employed in the service of the airport.

(d)

In no case shall automobiles, motor trucks, tractors or bicycles be permitted to drive upon any part of the landing area, taxi strips, ramps, aprons or free area, between hangars, except those designated by the lessee, which shall be parked on the property as leased by them.

(Code 1959, § 2-104)

Any dispute that may arise among tenants, vendors and/or airport management shall be heard by the airport commission. They shall render a written decision within fifteen (15) days of the appeal. Parties may appeal the issue to the city council within seven (7) days of the commission's decision.

(Code 1959, § 2-106; Ord. No. 8-05, 4-4-05)

All pilots and operators shall obey, follow and conform to any visual or other system which may be established for control of air traffic into and from the municipal airport.

(Code 1959, § 2-107(a))

The aircraft owner, his pilot or agent, shall be responsible for the prompt disposal of wrecked aircraft and the parts thereof to avoid all interference with field operations, unless directed to delay such action pending investigation of the accident.

(Code 1959, § 2-107(b))

All pilots, lessees and others using any part of the municipal airport will be accountable for any property damage caused by carelessness or negligence on or over the municipal airport.

(Code 1959, § 2-107(c))

The following fire regulations will apply at the municipal airport:

(1)

All persons and tenants using any or part of the airport or the facilities of the airport shall exercise the utmost care to guard against fire or injury to persons or property.

(2)

No person shall smoke within fifty (50) feet of any aircraft gasoline truck or fuel pump.

(3)

No aircraft shall be fueled while the engine is running.

(4)

All aircraft shall be positively grounded when being serviced with fuel.

(5)

All operators must provide first-aid and emergency firefighting equipment.

(Code 1959, § 2-108)

Except in the case of scheduled operators, the airport manager shall have authority to suspend flying operations on or from the airport when, in his opinion, the condition of the landing area and/or local meteorological conditions might make such operations unsafe.

(Code 1959, § 2-109)

The following ground operational procedures shall apply at the municipal airport:

(1)

The loading apron is not to be used for landing or taking off. This restriction applies to all aprons and taxi strips around the adjoining hangars.

(2)

In testing or warming-up motors, the wheel brakes must be locked, or blocks with ropes attached must be placed against the wheels of the undercarriage.

(3)

It will be the duty of all attaches of this airport to instruct and warn uninitiated persons of the danger of moving propellers and aircraft.

(4)

After landing, all aircraft are to be taxied to the line or base of operation.

(5)

When testing motors, pilots will so point their aircraft as not to bring buildings or spectators in the propeller stream.

(6)

Engines are not to be started and/or run unless a qualified pilot or competent mechanic is in the aircraft attending the controls.

(7)

Aircraft loitering on landing area is prohibited. All aircraft taxiing out to the takeoff area shall use all available runways and take off immediately. Aircraft testing engines or engaging in student conversation shall be parked facing incoming traffic, well off the landing area or at the edge of the field.

(8)

Unhoused aircraft must be parked in the space allotted therefor and, when left unattended overnight or during treacherous weather conditions, must be properly secured to the ground by ropes, stakes and/or other adequate devices.

(Code 1959, § 2-110)

(a)

All aircraft traveling in or around the municipal airport shall operate same in accordance with state law and the rules and regulations of the Federal Aviation Administration.

(b)

Experimental and test flying will be permitted, but only upon previous arrangement and with the approval of the airport commission and in compliance with applicable published Federal Aviation Administration regulations.

(c)

Acrobatic flying will be permitted, but only upon previous arrangement and with the approval of the airport commission and in compliance with applicable published Federal Aviation Administration regulations.

(d)

Experimental and exhibition parachute jumping will be permitted only on previous arrangement and with the approval of the airport commission and in compliance with applicable published Federal Aviation Administration regulations.

(e)

The operation or flying of model aircraft on the municipal airport property is expressly prohibited without the permission of the airport manager. The airport manager may designate areas, hours of operation, or other requirements for the operation of flying model aircraft and may authorize such under conditions where the safety of persons and property will not be jeopardized.

(Code 1959, § 2-111)

Upon the recommendation of the airport commission the city council shall set a schedule of fees for airport facilities.

(Code 1959, § 2-112; Ord. No. 8-05, 4-4-05)

(a)

The police officials of the city, or any other duly authorized law enforcement officers, shall have authority to enforce all rules and regulations contained in this article. Any person violating these rules or refusing to comply therewith will be subject to the penalties provided by law.

(b)

Any person found guilty of violating any federal or state law or rule or regulation promulgated thereunder, and in particular G.S. Ch. 63, arts. 2 and 3 shall be punished as provided for by such law.

(c)

Any person violating the provisions of this article shall upon conviction be guilty of a misdemeanor and shall be punished in accordance with the provisions of G.S. § 14-4.

(Code 1959, § 2-113)

The airport commission may recommend to the city council that certain marketing surveys and appraisals of real estate in and around the airport be conducted from time to time in order that the airport be valued on a current market basis. They may also recommend new and renewable leases for corporate facilities recommended to them by the airport staff member.

(Ord. No. 8-05, 4-4-05; Ord. No. 47-05, 11-7-05)

Leases of hanger space and property including the terms of such leases, hanger size, fuel farms, etc. Shall be subject to the approval of the city council.

(Ord. No. 8-05, 4-4-05)

Any reference to the Statesville Municipal Airport or Municipal Airport is hereby changed to Statesville Regional Airport.

(Ord. No. 47-05, 11-7-05)