<div class="chunk-title">Appendix A - AIRPORT HEIGHT<sup>[1]</sup></div>
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            AIRPORT HEIGHT ORDINANCE
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            MARTIN COUNTY, NORTH CAROLINA
            
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            An ordinance regulating and restricting the height of structures and objects of natural
            growth, and otherwise regulating the use of property, in the vicinity of the Martin
            County 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 Martin County Airport Height Ordinance Map which
            is incorporated in and made a part of this ordinance; providing for enforcement; establishing
            a Board of Appeals; and imposing penalties.
            
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            This Ordinance is adopted pursuant to the authority conferred by the Martin County
            Board of Commissioners. It is hereby found that an obstruction has the potential for
            endangering the lives and property of users of the Martin County Airport, and property
            or occupants of land in its vicinity; that an obstruction may affect existing and
            future instrument approach minimums of the Martin County 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 Martin County Airport
            and the public investment therein. Accordingly, it is declared:
            
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               1.
               
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               That the creation or establishment of an obstruction has the potential of being a
               public nuisance and may injure the region served by the Martin County Airport;
               
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               2.
               
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               That it is necessary in the interest of the public health, public safety, and the
               general welfare that the creation or establishment of obstructions that are a hazard
               to air navigation be prevented; and,
               
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               3.
               
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               That the prevention of these obstructions should be accomplished, to the extent legally
               possible, by the exercise of the police power without compensation.
               
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            This ordinance repeals all prior airport zoning regulations in effect prior to October
            8, 2014. This ordinance is not intended to repeal, abrogate, annul, impair or interfere
            with any existing easements, covenants, deed restrictions, agreements, rules, regulations,
            or permits previously adopted or issued pursuant to law. Whenever regulations imposed
            by this ordinance are less restrictive than regulations imposed by any governmental
            authority through regulations, rule or restriction, the regulations imposed by that
            authority shall govern. Regardless of any other provisions, no land shall be developed
            or used, and no structure shall be erected or maintained in violation of any state
            or federal regulations.
            
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            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.
            
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            It is hereby ordained by the County of Martin as follows:
            
         </p><br><div class="footnote-content"><div style="font-weight:bold;">Footnotes: </div> --- (<b>1</b>) ---
            
            <p class="refeditorFN"><b>Editor's noteâ€”</b>
               Ord. of
               <a class="ordinance-link" href="" data-product-id="15271" data-ordinance-id="673028">
                  10-8-2014(1)
                  </a>
               , adopted October 8, 2014, repealed the former Appendix A, Â§Â§ 1â€”16, and enacted a
               new Appendix A as set out herein. The former Appendix A pertained to the county airport
               zoning ordinance adopted July 31, 1971. See Code Comparative Table for complete derivation.
               </p>
            
            <p class="refeditorFN"><b>Editor's noteâ€”</b>
               Printed herein is the airport height ordinance adopted October 8, 2014. Obvious misspellings
               and punctuation errors have been corrected without notation. Additions made for clarity
               are indicated by brackets.
               </p>
            
            <p class="refmanualFN">
               Federal law referencesâ€”Preservation of local zoning authority concerning wireless telecommunications facilities,
               47 USC 322(c)(7); limited federal preemption of state and local zoning laws affecting
               amateur radio facilities, Memorandum Opinion and Order, PRB-1, 101 FCC 2d 952 (1985)
               and 47 CFR 97.15(b); Religious Land Use and Institutionalized Persons Act, 42 USC
               2000cc et seq.
               </p>
            
            <p class="refstatelawFN"><b>State Law referenceâ€” </b>
               Grant of zoning power to counties, G.S. 153A-340; zoning regulations for manufactured
               housing, G.S. 153A-341.1.
               </p>
            
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