Appendix A. AIRPORT ZONING ORDINANCE  


§ I. Short title.
§ II. Definitions.
§ III. Zones.
§ IV. Height limitations.
§ V. Use restrictions.
§ VI. Area of jurisdiction.
§ VII. Nonconforming uses.
§ VIII. Permits.
§ IX. Enforcement.
§ X. Board of adjustment.
§ XI. Judicial review.
§ XII. Penalties.
§ XIII. Conflicting regulations.
§ XIV. Severability clause.
§ XV. Effective date.

Enactment:

This ordinance is adopted pursuant to the authority conferred by G.S. 63-30—63-37. It is hereby found that an airport hazard endangers the lives and property of users of the New Hanover County Airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the New Hanover County Airport and the public investment therein. Accordingly, it is declared:

(1)

That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the New Hanover County Airport; and

(2)

That it is necessary in the interest of public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interest in land.

Preamble:

An ordinance regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of property as specified in this ordinance, in the vicinity affected by the use of the New Hanover County Airport by creating primary zones, approach zones, transition zones, horizontal zone and conical zone, and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the New Hanover County Airport Height Zoning Map which is incorporated in and made a part of this ordinance; providing for enforcement; establishing a board of adjustment; and imposing penalties.

IT IS HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF NEW HANOVER, STATE OF NORTH CAROLINA, AS FOLLOWS: