<div class="chunk-title">Section 1411. - AHO airport height overlay.</div>
<div class="chunk-content">
            <p class="p0">
               1411.01 <span class="ital">Purpose.</span> The airport height overlay district (AHO) is established as an overlay district of
               all general zoning districts in Halifax County in the vicinity of the Halifax-Northampton
               Regional Airport. The purpose of the AHO is to protect the airport environs from encroachment
               of incompatible land uses that present hazards to users of the airport as well as
               to persons residing or working in the airport vicinity. The additional regulations
               imposed in the AHO are designed to place additional height restrictions on buildings,
               structures and trees. The airport height overlay (AHO) district is not intended to
               be utilized as a district classification, but as a designation that identifies areas
               subject to regulations which are supplementary to the existing regulations of the
               district to which the designation is attached, appended or "overlaid". Regulations
               that apply to areas designated on the zoning map as being within such appended or
               overlaid designation must be determined by joint reference to the regulations of both
               the basic district classification and the appended or overlay classification.
               </p>
            <p class="p0">
               1411.02 <span class="ital">Authority.</span> The provisions of this ordinance are adopted by the Halifax County Board of Commissioners
               pursuant to the authority conferred by the General Assembly of the State of North
               Carolina, in Chapter 63, Article 30 â€”37.1. It is hereby found that an obstruction
               has the potential for endangering the lives and property of users of Halifax-Northampton
               Regional Airport, and property or occupants of land in its vicinity; that an obstruction
               may affect existing and future instrument approach minimums of the Halifax-Northampton
               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 the Halifax-Northampton Regional Airport and the public investment
               therein. Accordingly, it is declared:
               
               <p class="incr1">
                  a.
                  </p>
               		
               <p class="content2">
                  That the creation or establishment of an obstruction has the potential of being a
                  public nuisance and may injure the region served by Halifax-Northampton Regional Airport;
                  </p>
               		
               
               <p class="incr1">
                  b.
                  </p>
               		
               <p class="content2">
                  That it is necessary in the interest of the public health, public safety, and the
                  general welfare of Halifax County that the creation or establishment of obstructions
                  that are a hazard to air navigation be prevented; and
                  </p>
               		
               
               <p class="incr1">
                  c.
                  </p>
               		
               <p class="content2">
                  That the prevention of these obstructions should be accomplished, to the extent legally
                  possible, by the exercise of the police power without compensation.
                  </p>
               		
               
            <p class="p0">
               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.
               </p>
            <p class="p0">
               1411.03 <span class="ital">Definitions.</span> As used in this ordinance, unless the context otherwise requires:
               </p>
            <p class="p0">
               <span class="ital">Airport</span> refers to Halifax-Northampton Regional Airport.
               </p>
            <p class="p0">
               <span class="ital">Airport elevation.</span> The highest point of an airport's usable landing area measured in feet from sea level.
               The Halifax-Northampton Regional Airport elevation equals 145 feet MSL.
               </p>
            <p class="p0">
               <span class="ital">Approach surface.</span> 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 1411.04 of the airport height overlay
               district.
               </p>
            <p class="p0">
               <span class="ital">Approach, transitional, horizontal, and conical zones.</span> These zones are set forth in section 1411.04 of this ordinance.
               </p>
            <p class="p0">
               <span class="ital">Board of adjustment.</span> The Halifax County Zoning Board of Adjustment will serve as the board of adjustment
               for the Halifax-Northampton Regional Airport.
               </p>
            <p class="p0">
               <span class="ital">Conical surface.</span> A surface extending outward and upward from the periphery of the horizontal surface
               at a slope of 20 to one for a horizontal distance of 4,000 feet.
               </p>
            <p class="p0">
               <span class="ital">Hazard to air navigation.</span> An obstruction determined to have a substantial adverse effect on the safe and efficient
               utilization of the navigable airspace.
               </p>
            <p class="p0">
               <span class="ital">Height.</span> For the purpose of determining the height limits in all zones set forth in this ordinance
               and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise
               specified.
               </p>
            <p class="p0">
               <span class="ital">Horizontal surface.</span> A horizontal plane 150 feet above the established airport elevation, the perimeter
               of which in plan coincides with the perimeter of the horizontal zone.
               </p>
            <p class="p0">
               <span class="ital">Larger than utility runway.</span> A runway that is constructed for and intended to be used by propeller driven aircraft
               of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
               </p>
            <p class="p0">
               <span class="ital">MSL.</span> Mean sea level.
               </p>
            <p class="p0">
               <span class="ital">Nonconforming use.</span> Any pre-existing structure, object of natural growth, or use of land which is inconsistent
               with the provisions of this ordinance or an amendment thereto.
               </p>
            <p class="p0">
               <span class="ital">Obstruction.</span> Any structure, growth, or other object, including a mobile object, which exceeds
               a limiting height set forth in section 1411.04 of this ordinance.
               </p>
            <p class="p0">
               <span class="ital">Person.</span> An individual, firm, partnership, corporation, company, association, joint stock
               association, or governmental entity; includes a trustee, a receiver, an assignee,
               or a similar representative or any of them.
               </p>
            <p class="p0">
               <span class="ital">Precision instrument runway.</span> A runway having an existing instrument approach procedure utilizing an instrument
               landing system (ILS) or a precision approach radar (PAR). 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.
               </p>
            <p class="p0">
               <span class="ital">Primary surface.</span> A surface longitudinally centered on a runway. The primary surface extends 200 feet
               beyond each end of that runway. The width of the primary surface is 1,000 feet. The
               elevation of any point on the primary surface is the same as the elevation of the
               nearest point on the runway centerline.
               </p>
            <p class="p0">
               <span class="ital">Runway.</span> A defined area on an airport prepared for landing and take-off of aircraft along
               its length.
               </p>
            <p class="p0">
               <span class="ital">Structure.</span> 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.
               </p>
            <p class="p0">
               <span class="ital">Transitional surfaces.</span> These surfaces extend outward at 90 degree angles to the runway centerline and the
               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. 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 5,000 feet measured horizontally from the edge of the approach surface
               and at 90 degree angles to the extended runway centerline.
               </p>
            <p class="p0">
               <span class="ital">Tree.</span> Any object of natural growth.
               </p>
            <p class="p0">
               1411.04 <span class="ital">Airport zones.</span> In order to carry out the provisions of this ordinance, there are hereby 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. Except as otherwise noted in this section, no structure shall
               be erected, altered or maintained, and no trees shall be allowed to grow in any zone
               created by this section to a height in excess of the applicable height limitations
               herein established for each zone in question. 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 hereby established and defined as follows:
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Approach zoneâ€”AHO-A:</span> The inner edge of this approach zone coincides with the width of the primary surface
                  and is 1,000 feet wide. The approach zone expands outward uniformly to a width of
                  16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its
                  centerline is the continuation of the centerline of the runway.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Transitional zonesâ€”AHO-T:</span> The transitional zones are the areas beneath the transitional surfaces.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Horizontal zoneâ€”AHO-H:</span> The horizontal zone is established by swinging arcs of 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 zone.
                  </p>
               		
               
               <p class="incr1">
                  D.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Conical zoneâ€”AHO-C:</span> 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 4,000 feet.
                  </p>
               		
               
            <p class="p0">
               1411.05 <span class="ital">Airport zone height limitations.</span> 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 zone created by this section
               to a height in excess of the applicable height limit herein established for such zone.
               Such applicable height limitations are hereby established for each of the zones in
               question as follows:
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Approach zoneâ€”AHO-A:</span> Slopes 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 10,000
                  feet along the extended runway centerline; thence slopes upward 40 feet horizontally
                  for each foot vertically to an additional horizontal distance of 40,000 feet along
                  the extended runway centerline.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Horizontal zoneâ€”AHO-H:</span> Established at 150 feet above the airport elevation or at a height of 295 feet above
                  mean sea level.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Conical zoneâ€”AHO-C:</span> 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.
                  </p>
               		
               
               <p class="incr1">
                  D.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Excepted height limitations:</span> Nothing in this section shall be construed as prohibiting the construction or maintenance
                  of any structure, of growth of any tree to a height to 100 feet above the surface
                  of the land.
                  </p>
               		
               
            <p class="p0">
               1411.06 <span class="ital">Use restrictions.</span> Notwithstanding any other provisions of this section, no use may be made of land
               or water within any zone established by this section in such a manner as to create
               electrical interference with navigational signals or radio communications between
               the airport and aircraft, make it difficult for pilots to distinguish between airport
               light 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.
               </p>
            <p class="p0">
               1411.07 <span class="ital">Nonconforming uses.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Regulations not retroactive.</span> Regulations prescribed by this section 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 this section, or otherwise interfere with
                  the continuance of a nonconforming use. 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 this section.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Markings and lighting.</span> 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 Halifax-Northampton Regional Airport Authority to indicate to the operators of
                  aircraft in the vicinity of the airport the presence of such airport obstructions.
                  Such markers and lights shall be installed, operated and maintained at the expense
                  of the Halifax-Northampton Regional Airport Authority.
                  </p>
               		
               
            <p class="p0">
               1411.08 <span class="ital">Issuance of airport zoning permit.</span> The director of planning and development shall not issue a airport zoning permit
               within an AHO-A, AHO-T, AHO-H, or AHO-C area until it has been determined that the
               proposal upon which he is requested is in compliance with the terms of these regulations.
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Future uses:</span> Except as specifically provided in [subsections] (1), (2) and (3) hereunder, no material
                  change shall be made in the use of land, no structure shall be erected or otherwise
                  established, no trees shall be planted 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 information
                  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. No permit for a use inconsistent with the provisions of this section shall
                  be granted unless a variance has been approved in accordance with [section] 1411.07
                  subsection (D).
                  </p>
               		
               <p class="incr2">
                  (1)
                  </p>
               		
               <p class="content3">
                  In the area lying within the limits of the horizontal zone and conical zone, no airport
                  zoning permit shall be required for any tree or structure less than 100 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.
                  </p>
               		
               <p class="incr2">
                  (2)
                  </p>
               		
               <p class="content3">
                  In areas lying within the limits of the approach zones, but at a horizontal distance
                  of not less than 5,200 feet from each end of the runway, no airport zoning permit
                  shall be required for any tree or structure less than 100 feet of vertical height
                  above 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.
                  </p>
               		
               <p class="incr2">
                  (3)
                  </p>
               		
               <p class="content3">
                  In the areas lying within the limits of the transition zones, no airport zoning permit
                  shall be required for any tree or structure less than 100 feet above the ground, except
                  when such tree or structure because of terrain, land contour or topographic features,
                  such tree or structure would extend above the height limits prescribed for such zones.
                  </p>
               		
               <p class="incr2">
                  (4)
                  </p>
               		
               <p class="content3">
                  Amateur radio operators must comply with Part 97 of FCC regulations.
                  </p>
               		
               <p class="b2">
                  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 height limits established by this Section.
                  </p>
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Existing uses:</span> 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 this section, or any amendments thereto,
                  or than it is when the application for permit was made.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Nonconforming uses abandoned or destroyed:</span> Whenever the director of planning and development 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.
                  </p>
               		
               
               <p class="incr1">
                  D.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Variances:</span> Any person desiring to erect or increase the height of any structure, or permit any
                  growth of any tree, or use property not in compliance with the regulations prescribed
                  in this section may apply to the board of adjustment for a variance in accordance
                  with the provisions of section 701.04. The application for a 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 when substantial evidence in
                  the official record of the application supports all of the following findings:
                  </p>
               		
               <p class="incr2">
                  (1)
                  </p>
               		
               <p class="content3">
                  That a literal application or enforcement of the regulations will result in unnecessary
                  hardship.
                  </p>
               		
               <p class="incr2">
                  (2)
                  </p>
               		
               <p class="content3">
                  That the alleged hardships and practical difficulties, which will result from the
                  failure to grant the variance, extend to the inability to use the land in question
                  for any use in conformity with the provision of this section and include substantially
                  more than mere inconvenience and inability to attain a higher financial return.
                  </p>
               		
               <p class="incr2">
                  (3)
                  </p>
               		
               <p class="content3">
                  That will not create a hazard to air navigation.
                  </p>
               		
               <p class="incr2">
                  (4)
                  </p>
               		
               <p class="content3">
                  That the variance is in harmony with and serves the general intent and purpose of
                  this section.
                  </p>
               		
               <p class="incr2">
                  (5)
                  </p>
               		
               <p class="content3">
                  That allowing the variance will result in substantial justice being done, considering
                  both the public benefits intended to be secured by this section and the individual
                  hardships that will be suffered by a failure of the board to grant a variance.
                  </p>
               		
               <p class="b2">
                  Additionally, no application for variances to the requirements of this section may
                  be considered by the board of adjustment unless a copy of this application has been
                  furnished to the airport authority for advise as to the aeronautical effects of the
                  variance. If the airport authority does not respond to the application within 15 days
                  after receipt, the board of adjustment may act on its own to grant or deny said application.
                  </p>
               
               <p class="incr1">
                  E.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Obstruction markings and lighting:</span> Any permit or variance granted may, if such action is deemed advisable to effectuate
                  the purpose of this section 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 Halifax-Northampton Regional Airport Authority, at its own
                  expense, to install, operate and maintain the necessary markings and lights.
                  </p>
               		
               
            <p class="p0">
               1411.09 <span class="ital">Enforcement.</span> It shall be the duty of the director of planning and development to administer and
               enforce the regulations prescribed herein. Applications for permits and variances
               shall be made to the director of planning and development upon a form published for
               that purpose. Applications required by this section shall be promptly considered and
               granted or denied.
               </p>
            <p class="p0">
               1411.10 <span class="ital">Penalties.</span> Violation of this section shall be a Class 3 misdemeanor as provided by G.S. 63-35.
               This section may be enforced by injunctive and order of abatement, and all other appropriate
               remedies to insure compliance with this section as provided in G.S. 63-35. Each day's
               continuing violation shall be considered a separate and distinct offense as provided
               in G.S. 63-35.
               </p>
            <p class="p0">
               1411.11 <span class="ital">Conflicting regulations.</span> Where there exists a conflict between any of the regulations or limitations prescribed
               in this section and any other regulations applicable to the same area, whether the
               conflict be with respect to height of structures or trees, and the use of land, or
               any other matter, the more stringent limitation or requirement shall govern and prevail.
               </p>
            <p class="p0">
               1411.12 <span class="ital">Severability.</span> If any of the provisions of this section or the application thereof to any person
               or circumstances are held invalid, such invalidity shall not affect other provisions
               or applications of the section which can be given effect without the invalid provision
               or application, and to this end, the provisions of this are declared to be severable.
               </p>
            <p class="historynote0">
               (Ord. of 6-7-99)
               </p></div>