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 Washington-Warren Airport.

Airport elevation means the established elevation of the highest point on the usable landing area.

Airport hazard means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing and takeoff of aircraft.

Airport Height Map means the map entitled Airport Property and Land Use Plan, sheet number 9. The term "Airport Height Map" shall be used interchangeably with the term "Airport Property and Land Use Plan."

Airport property and land use plan map means the map which governs height limits around the airport area. Such term shall be used interchangeably with the term "Airport Height Map."

Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

Approach, transitional horizontal and conical zones, means the areas under the approach, transitional, horizontal and conical surface.

Height, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the Airport Property and Land Use Plan map, otherwise known as the Airport Height Map, sheet number 9, the datum shall be mean sea level elevation unless otherwise specified.

Landing area means the area of the airport used for the landing, taking off, or taxiing of aircraft.

Nonconforming use means any preexisting structure, tree, natural growth, or use of land which is inconsistent with the provisions of this article or any 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, and for which no precision approach facilities are planned or indicated on an FAA planning document or a military service military airport 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; but 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 of a runway will be that width prescribed in part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. 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 constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, earth formations, and overhead transmission lines.

Tree means any object of natural vegetative 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 with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service approved airport layout plan, or by any planning document submitted to the FAA by competent authority.

(Code 1993, § 27-77; Ord. No. 15-1, § 4, 3-23-2015)

The Director of Planning and Development, or his designee, is hereby designated as the Administrator of this article, with the duty of administering and enforcing the regulations prescribed herein. The duties of the Administrator shall include that of hearing and deciding all permits required under section 40-234, but he shall not have or exercise any of the powers or duties delegated in this article to the Board of Appeals. Applications for permits and variances shall be made to the Department of Planning and Development upon a form furnished by the departmental staff. Applications required by this article to be submitted to the Administrator shall be promptly considered and either approved or denied. Applications for action by the Board of Appeals shall be transmitted to the Administrator for review by the Board of Appeals.

(Code 1993, § 27-78)

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 within the approach zones, transitional zones, horizontal zones, and conical zones. Such areas and zones are shown on the Airport Airspace Drawing Sheet I. The various zones are hereby established and defined as follows:

(a)

Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(b)

Runway larger than utility visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(c)

Runway larger than utility with a visibility minimum as low as three-quarter (3/4) mile nonprecision instrument 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 being the continuation of the centerline of the runway.

(d)

Utility runway nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of two thousand (2,000) feet at a horizontal distance of five thousand (5,000) feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(e)

Runway larger than utility with a visibility minimum greater than three-quarter (3/4) mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(f)

Transitional zones. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety-degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for these portions of the precision approach zones 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 zones and at ninety-degree angles to the extended runway centerline.

(g)

Horizontal zone. For the utility runway visual approach zone and the runway larger than utility visual approach zone, the horizontal is hereby established by swinging arcs of five thousand (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. For the runway larger than utility with a visibility minimum as low as three-quarter-mile nonprecision instrument approach zone, the horizontal zone is hereby 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.

(h)

Conical zone. The conical zone is hereby 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. The conical zone does include the precision instrument approach zones and the transitional zones.

(Code 1993, § 27-79)

(a)

Established. Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this article to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows. Where stricter, the height limits established on the Airport Height Map shall prevail.

(1)

Utility runway visual approach zone. Slopes upward twenty (20) feet horizontally for each one (1) foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.

(2)

Runway larger than utility visual approach zone. Slopes upward twenty (20) feet horizontally for each one (1) foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.

(3)

Runway larger than utility with a visibility minimum as low as three-quarter (3/4) mile nonprecision instrument approach zone. Slopes upward thirty-four (34) feet horizontally for each one (1) foot vertically, 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.

(4)

Conical zone. Slopes upward twenty (20) feet horizontally for each one (1) foot vertically, beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.

(5)

Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point two hundred twenty-five (225) feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation, which is one hundred eighty-five (185) feet above mean sea level. In addition to the preceding, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces.

(6)

Horizontal zone. One hundred fifty (150) feet above the airport elevation or a height of one hundred eighty-five (185) feet above mean sea level.

(b)

Areas covered by multiple limits. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

(Code 1993, § 27-80)

Notwithstanding any other provision of this article, no use may be made of land within any zone established by this article in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

(Code 1993, § 27-81)

(a)

The regulations prescribed by this article shall not be construed to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this article derives or otherwise interfere with the continuance for any nonconforming use. Nothing herein contained 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, except as set forth in subsection (b) of this section and section 40-234(b).

(b)

Notwithstanding the preceding provision of this section, the owner of any 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 Department of Planning and Development to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. In no case, however, shall the owner of a nonconforming use be required to install, operate, or maintain such markers and lights at his own expense. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(Code 1993, § 27-82)

(a)

Any person desiring to erect or increase the height of any structure or permit the growth of any tree or otherwise use his property not in accordance with the regulations prescribed in this article may apply to the Board of Appeals for a variance from such regulations. Such variances shall be allowed where a literal application of enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this article.

(b)

Comments shall be received from the Federal Aviation Authority and the Washington-Warren Airport Advisory Board before a variance is granted.

(Code 1993, § 27-83; Ord. No. 15-1, § 5, 3-23-2015)

(a)

Future uses. Except as specifically provided in subsections (a) and (b) of this section, no material change shall be made to 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. 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. Nothing contained in any of the following exceptions shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree in excess of any of the height limits established by this article, except as set forth in section 40-230.

(1)

However, a permit for a tree or structure of less than seventy-five (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 four thousand two hundred (4,200) feet from each end of the runway except when such tree or structure, because of terrain, land, contour, or topographic features, would extend above the height limit prescribed for the respective zone.

(2)

Each application for a permit shall indicate the purpose for which the permit is desired with specific particulars to determine 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.

(b)

Nonconforming uses. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted within any zone created by this article, a permit must be secured from the Department of Planning and Development authorizing such replacement, change, or repair. No such permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was on the effective date of the ordinance from which this article derives or whenever the Department of Planning and Development staff determines that a nonconforming structure has been abandoned for a continuous period of one hundred eighty (180) days or more than eighty (80) percent torn down, deteriorated, or decayed.

(1)

No permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this zoning chapter.

(2)

Whether application is made for a permit under this subsection or not, the city may, by appropriate action, compel the owner of the nonconforming structure or tree, 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 tree shall neglect or refuse to comply with such order for ten (10) days after notice thereof, the city may proceed to have the object so lowered, removed, reconstructed, or equipped and assess the cost and expenses thereof upon the owner of the object or property in question. Except as otherwise prohibited in this zoning chapter, all applications for permits for replacement, change, or repair of nonconforming uses shall be granted.

(3)

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 permit the installation, operation, and maintenance thereon of such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. In no case, however, shall the owner of a nonconforming use be required to install, operate, or maintain such markers and lights at his own expense.

(Code 1993, § 27-84)

(a)

Establishment. The Board of Adjustment shall ex officio constitute the Board of Appeals.

(b)

Proceedings. The proceedings of the Board of Appeals shall be the same as the proceedings for the Board of Adjustment as set forth in article XIX of this chapter.

(c)

Powers and duties. The Board of Appeals shall have and exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the Department of Planning and Development staff in the enforcement of this article.

(2)

To hear and decide upon requests for variances from the provisions of this article.

(Code 1993, § 27-85)

Any person aggrieved or any taxpayer affected by any decision of the Board of Appeals may appeal to the county Superior Court, as provided in G.S. 63-34.

(Code 1993, § 27-86)

Each violation of this article or any regulation, order, or ruling promulgated or made pursuant to this article shall be enforced and subject to the penalties set forth in article XXI of this chapter, pertaining to administration, enforcement and penalties. Each day a violation continues to exist shall constitute a separate offense.

(Code 1993, § 27-87)