Airport Height Control OrdinanceHARNETT COUNTY AIRPORT
HEIGHT CONTROL ORDINANCE
HARNETT COUNTY, NORTH CAROLINA
Prepared by:
Talbert & Bright, Inc.
321 N. Front Street
Wilmington, NC 28401
with assistance from
Holland Consulting Planners, Inc.
F3329 Wrightsville Avenue
Wilmington, NC 28403
HARNETT COUNTY NC
Book 1424
Pages 0691 -0721
FILED 31 PAGE(S)
0612612000 4:45 PM
KIMBERLY S. HARGROVE
Register Of Deeds
JHARNETT COUNTY AIRPORT
HEIGHT CONTROL ORDINANCE
TABLE OF CONTENTS
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INTRODUCTION............................... ..............................I
SECTION 1.0 GENERAL ........................ ............................... 2
SECTION 2.0 DEFINITIONS ..................... ............................... 5
SECTION 3.0 AIRPORT ZONES .................. ............................... 8
SECTION 4.0 AIRPORT ZONE HEIGHT LIMITATIONS ............................. 9
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SECTION 5.0 NONCONFORMING SITUATIONS .. ............................... 10
SECTION6.0 PERMITS .......................... .............................10
SECTION 7.0 BOARD OF ADJUSTMENT ........ ............................... 12
SECTION 8.0 CHANGES AND AMENDMENTS ... ............................... 15
SECTION 9.0 ADMINISTRATION AND ENFORCEMENT .......................... 17
HARNETT COUNTY AIRPORT
HEIGHT CONTROL ORDINANCE
HARNETT COUNTY, NORTH CAROLINA
INTRODUCTION
ENACTMENT:
AN ORDINANCE ESTABLISHING AIRPORT- RELATED ZONING REGULATIONS
FOR CERTAIN AREAS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT
THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF NORTH CAROLINA
GENERAL STATUTES 153A -340 THROUGH 153A -348 INCLUSIVE, AND FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
PREAMBLE:
WHEREAS, the General Statutes of North Carolina empower Harnett County to enact a
zoning ordinance and to provide for its administration, enforcement, and amendment, and
WHEREAS, the County Commissioners deem it necessary, for the purpose of promoting
the health, safety, or general welfare of the County to enact such an Ordinance, and
WHEREAS, the County Commissioners have appointed a Planning Board to recommend
the boundaries of the various original districts and appropriate regulations to be enforced therein,
and
WHEREAS, airport hazards endanger the lives and property of users of airports and
occupants and owners of property in their vicinity, and
WHEREAS, the creation or establishment of an airport hazard injures the community
served by the airport in question, and
WHEREAS, in the interest of the public health, safety and general welfare, it is necessary
that the creation or establishment of airport hazards be prevented, and
WHEREAS, the prevention of these obstructions should be accomplished, to the extent
legally possible, by the exercise of police power without compensation, and
WHEREAS, the Planning Board has given reasonable consideration, among other things,
to the character of the district and its peculiar suitability for particular uses, with a view to
preventing airport hazards and protecting public interests, and
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WHEREAS, the Planning Board has submitted its final report to the County
Commissioners, and
WHEREAS, the County Commissioners have given due public notice of hearings relating
to the zoning district, regulations and restrictions, and have held such public hearings, and
WHEREAS, all requirements of the General Statutes of North Carolina, with regard to the
preparation of the report of the Planning Board and subsequent action of County Commissioners
have been met;
NOW, THEREFORE, BE IT ORDAINED BY HARNETT COUNTY, NORTH
CAROLINA, AS FOLLOWS:
SECTION 1.0 GENERAL
1.1 Authority
The provisions of this Ordinance are adopted under authority granted by the General
Assembly of North Carolina (General Statutes 153A- 340 -348).
1.2 Jurisdiction
The regulations set forth in this Ordinance shall be applicable within the area shown on the
official Harnett County Airport Height Control Ordinance Map as prepared by Talbert &
Bright, Inc., dated January, 1997.
1.3 Conflicting Regulations
It is not intended by this Ordinance to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties, provided, however, that wherever the
regulations of this Ordinance require a lower height of buildings or less number of stories,
or impose other higher standards than are required in any other statute or county ordinance
or regulations, the provision of the regulations made under authority of this Ordinance
shall govern. Wherever the provisions of any other statute or county ordinance or
regulations require a lower height of buildings or a less number of stories, or impose other
higher standards than are required by the regulations made under authority of this
Ordinance, the provisions of such statute or county ordinance or regulations shall govern.
1.4 lift
This Ordinance shall be known as Harnett County Airport Height Control Ordinance of
Harnett County, and may be cited as the Height Control Ordinance.
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1.5 Severability of Ordinance
If for any reason one or more sections, sentences, clauses, or parts of this Ordinance are
held invalid by the courts, such judgment shall not affect, impair, or invalidate the
remaining provisions of this Ordinance. The Board of County Commissioners hereby
declares that it would have passed this Ordinance and each section, subsection, clause, or
phrases thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid.
1.6 Remedies
In case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted or maintained, or any building, structure or land is used in violation of this
Ordinance, the Zoning Administrator or any appropriate authority of the county or any
adjacent, nearby or neighboring property owner who would be affected by such violation,
in addition to other remedies, may institute injunction, mandamus or other appropriate
action in proceeding to prevent the occupancy of such building, structure or land.
1.7 Penalties for Violating Any Provisions of This Ordinance
Any person, firm, or corporation violating any provisions of this Ordinance, or who shalt
violate or fail to comply with any other made thereunder, or who shall continue to work
upon any structure after having received written notice from the Zoning Administrator to
cease work, shall be guilty of a misdemeanor and punishable by a fine not to exceed fifty
($50) dollars or imprisonment not to exceed thirty (30) days. Each day such violation shall
be permitted to exist shall constitute a separate offense. Notice of violation shall be
sufficient if directed to such owner, the agent of the owner, or the contractor, and /or left
at his known place of residence or place of business.
1.8 General Provisions
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1.8.1.1 New Uses or Construction
After the effective date of this Ordinance, all new construction or use of
land shall conform to the height requirements for the district in which it is
to be located.
1.8.1.2 Existing Conforming Situations
After the effective date of this Ordinance, land or structures which then
conform to the regulations for the district in which it is located, may be
continued, provided that any structural alterations or change in use shall
conform with the regulations herein specified.
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1.8.1.3 Existing Nonconforming Situations
After the date of adoption of this Ordinance or any prior Zoning Ordinance
of Harnett County, pre- existing lots, or structures which would be
prohibited under the regulations for the district in which it is located shall
be considered as nonconforming. Nonconforming structures or uses may
be continued, provided they conform to the provisions in Section 2.
1.9 Continuation of Nonconforming Situations
The continuation of nonconforming situations shall be regulated as follows:
The construction or erection of any nonconforming project may be completed provided all
construction is done pursuant to a validly issued building permit.
1.9.2 Extension or Enlargement of Nonconforming Situations
Except as specifically provided in this section, it shall be unlawful for any person to
engage in any activity that causes an increase in the extent of nonconformity of a
nonconforming situation.
Physical alteration of structures or the placement of new structures on open land is
unlawful if they result in:
1. An increase in the total amount of space devoted to a nonconforming use, or
2. Greater nonconformity with respect to height limitations.
Minor repairs to and routine maintenance of property where nonconforming situations exist
are permitted and encouraged.
1.10 Use Restrictions
Notwithstanding any other provisions of this Ordinance, no use may be made of land or
water within any zone established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and
aircraft, make it difficult for pilots to distinguish between airport lights 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. The owner of any
existing nonconforming structure or tree or other vegetation is hereby required to permit
the installation, operation, and maintenance thereon of such markers and lights as shall be
deemed necessary by the Harnett County Assistant 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 Harnett
County.
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SECTION 2.0 DEFINITIONS
2.1 General
For the purpose of this Ordinance certain terms or words used herein shall be interpreted
as follows.
2.2 Tense and Number
(1) The present tense includes the future tense and the future tense includes the present
tense.
(2) The singular number includes the plural number and the plural number includes the
singular number.
2.3 Word Interpretations
(1) The word "may" is permissive.
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(2) The words "shall" and "will" are mandatory.
i (3) The word "County" shall mean the County of Harnett, North Carolina.
(4) The words "Zoning Board," "Zoning Commission," or "Planning Commission"
shall mean the Harnett County Planning Board.
(5) The words "County Commissioners" shall mean County Commissioners of Harnett
County, North Carolina.
(6) The word "person" includes a firm, association, organization, partnership, trust,
company, or corporation as well as an individual.
(7) The words "used" or "occupied" include the words intended, designed, or arranged
to be used or occupied.
(8) The word "lot" includes the words plat or parcel.
2.4 Definitions
1. AIRPORT - Harnett County Airport.
2. AIRPORT ELEVATION - The highest point of an airport's usable landing area
measured in feet above sea level.
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3. APPROACH SURFACE - 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
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in Section 4 of this Ordinance. In plan the perimeter of the approach surface
coincides with the perimeter of the approach zone.
4. APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES -
These zones are set forth in Section III of this Ordinance.
5. BOARD OF ADJUSTMENT - This Board shall be the Harnett County Board of
Adjustment as appointed by the Harnett County Commissioners.
6. CONICAL SURFACE - A surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of
4,000 feet.
7. EXCEPTED HEIGHT LIMITATIONS - Means nothing in this Ordinance shall be
construed as prohibiting the construction or maintenance of any structure, or
growth of any tree or other vegetation to a height up to fifty (50) feet above the
surface of the land.
8. HAZARD TO AIR NAVIGATION - An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of the navigable
airspace.
9. HEIGHT - 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.
10. HORIZONTAL SURFACE - A horizontal plane 150 feet above the established
airport elevation, the perimeter of which in plan coincides with the perimeter of the
horizontal zone.
11. LARGER THAN UTILITY RUNWAY - 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.
12. NONCONFORMING USE - 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.
13. NONPRECISION INSTRUMENT RUNWAY - 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.
14. OBSTRUCTION - Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in Section 4 of this Ordinance.
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15. PERSON - 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.
16. PRECISION INSTRUMENT RUNWAY - Reserved.
17. PRIMARY SURFACE - A surface longitudinally centered on a runway. When the
runway has a specially prepared hard surface, the primary surface extends 200 feet
beyond each end of that runway. The width of the primary surface is set forth in
Section 3 of this Ordinance. The elevation of any point on the primary surface is
the same as the elevation of the nearest point on the runway centerline.
18. RUNWAY - A defined area on an airport prepared for landing and take -off of
aircraft along its length.
19. RUNWAY ENDS - Refers to the existing physical end of the hard- surfaced asphalt
runway on the southwest end (coordinates Lat. 35 °22'29.7" N, Long. 78'44'16.5"
W), and the future end of the runway on the northeast end after an extension to
5,000 feet (coordinates Lat. 35 °23'07.5" N, Long. 78 °43'36.4" W).
20. STRUCTURE - 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.
21. TRANSITIONAL SURFACES - These surfaces extend outward at 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
5,000 feet measured horizontally from the edge of the approach surface and at 90
degree angles to the extended runway centerline.
22. TREE - Any object of natural growth.
23. UTILITY RUNWAY - A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
24. VISUAL RUNWAY - A runway intended solely for the operation of aircraft using
visual approach procedures.
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SECTION 3.0 AIRPORT ZONES
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 Harnett County Airport. Such
zones are shown on the Harnett County Airport Height Control Ordinance Map consisting of 1
sheet, prepared by Talbert & Bright, Inc., and dated January, 1997, which is attached to this
Ordinance 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:
3.1 Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile
Nonprecision Instrument Approach Zone
The inner edge of this approach zone coincides with the width of the primary surface and
is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet
at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
3.2 Transitional Zones
The transitional zones are the areas beneath the transitional surfaces.
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The horizontal zone is established by swinging arcs of 10,000 feet 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.
3.4 Conical Zone
The conical zone is established as the area that commences at the periphery of the
horizontal zone and extends outward and upward therefrom for a horizontal distance of
4,000 feet.
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SECTION 4.0 AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any zone created by this Ordinance 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:
4.1 Runway Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile
Nonprecision Instrument 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 10,000
feet along the extended runway centerline.
4.2 Precision Instrument Runway Approach Zone - Reserved.
4.3 Transitional Zones
Slopes 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 150 feet above the airport elevation, which is 199 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.
4.4 Horizontal Zone
Established at 150 feet above the airport elevation or at a height of 349 feet above mean
sea level.
4.5 Conical Zone
Slopes twenty (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, (five hundred forty -nine feet above mean sea level).
Nothing in this Ordinance shall be construed as prohibiting the construction or maintenance
of any structure, or growth of any tree to a height up to 50 feet above the surface of the
land.
4.7 This Ordinance only applies to the Harnett County Airport.
SECTION 5.0 NONCONFORMING USES
5.1 Regulations Not Retroactive
The regulations prescribed by this Ordinance 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 Ordinance, or otherwise interfere with the
continuance of 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 Ordinance, and is diligently
prosecuted.
5.2 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
Assistant County 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 Harnett County.
SECTION 6.0 PERMITS
6.1 Future Uses
Except as specifically provided in a. and b. hereunder, no material change shall be made
in the use of land which results in creation of an aviation hazard, no structure shall be
erected or otherwise established, and no tree 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
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 Ordinance shall be granted unless a variance has been approved in
accordance with Section 7, paragraph 7.4.
a. 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 seventy -five 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.
b. In areas lying within the limits of the approach zones, but at a horizontal distance
of not less than 5,300 feet from each end of the runway, no permit shall be
required for any tree or structure less than seventy -five feet of vertical height above
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the ground, except when such tree or structure would extend above the height limit
prescribed for such approach zones.
C. 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
75 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.
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 Ordinance except as set forth in
Section 4, paragraph 4.6.
6.2 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 this Ordinance 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.
Whenever the Assistant County Manager determines that a nonconforming tree or structure
has been abandoned or more than 80 percent torn down (or damaged more than 80% of the
current Harnett County tax value), 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.
6.4 Variances
Any person desiring to erect or increase the height of any structure, or permit the growth
of any tree, or use property, not in accordance with the regulations prescribed in this
Ordinance, may apply to the Board of Adjustment for a variance from such regulations.
The application for 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
where it is duly found that a literal application or enforcement of the regulations will result
in unnecessary hardship, and relief granted will not be contrary to the public interest, will
not create a hazard to air navigation, will do substantial justice, and will be in accordance
with the spirit of this Ordinance. Additionally, no application for variance to the
requirements of this Ordinance may be considered by the Board of Adjustment unless a
copy of the application has been furnished to the Harnett County Airport through the
Planning Department and Assistant County Manager, or other designated County
department head, for advice as to the aeronautical effects of the variance. If Harnett
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County does not respond to the application within fifteen (15) days after receipt, the Board
of Adjustment may act on its own to grant or deny said application.
Any permit or variance granted may, if such action is deemed advisable to effectuate the
purpose of this Ordinance 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
Harnett County, at its own expense, to install, operate, and maintain the necessary
markings and lights.
SECTION 7.0 BOARD OF ADJUSTMENT
7.1 Creating the Board of Adjustment
A. The Board of Adjustment has been created by the Harnett County Zoning
Ordinance as amended November 6, 1995. The Board of Adjustment consists of
five (5) members and three (3) or more alternates, who shall all be citizens of
Harnett County, North Carolina. These members shall be appointed by the Board
of County Commissioners for staggered three -year terms. Alternates shall also be
appointed to three -year terms.
B. Initial appointment of the members was done as follows: One member for a term
of three years, two members for a term of two years, and two members for a term
of one year. Vacancies shall be filled for unexpired terms only. Members shall
be removed for cause by the Board of Commissioners upon written charges and
after a public hearing. The members of the Board of Adjustment may receive for
their services per diem compensation, the amount of which shall be fixed by the
County Board of Commissioners.
C. The Board of Adjustment shall elect one of its members as chairman and another
as vice - chairman and shall appoint a secretary to keep minutes of its proceedings.
The board shall adopt such rules and regulations as it may deem necessary to carry
into effect the provisions of this section. These rules and regulations shall be
designated in the Harnett County Board of Adjustment By -Laws, which shall be
kept on file in the County Planning Office.
D. The Chairman of the Board of Adjustment is authorized in his official capacity to
administer oaths to witnesses in any matter coming before the board. Any member
of the board, while acting as chairman, shall have and may exercise like authority.
E. All meetings of the board shall be held at a regular place and shall be open to the
public. The board shall keep minutes of its proceedings, showing the vote of each
member upon each questions, or if absent or failing to vote, an indication of such
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fact, and the final disposition of appeals shall be by recorded resolution indicating
the reasons of the board thereof, all of which shall be a public record.
F. A concurring vote of four - fifths majority of the board shall be necessary to reverse
any order, requirement, decision, or determination of the Zoning Administrator or
to grant a variance from the provision of this Ordinance.
7.2 Powers and Duties
The Board of Adjustment shall have the following powers and duties:
7.2.1 Administrative Review
To hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by the Zoning Administrator in the enforcement of this
Ordinance.
7.2.2 Variance
To authorize upon appeal in specific cases such variances from the terms of the Ordinance
as will not be contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of the Ordinance will, in an individual case, result in
practical difficulty or unnecessary hardship, so that the spirit of the Ordinance shall be
observed, public safety and welfare secured, and substantial justice done. The existence
of a nonconforming use on neighboring land, buildings, or structures in the same district
or of permitted or nonconforming uses in other districts shall not constitute a reason for
the requested variance. Such variances may be granted in such individual case of
unnecessary hardships only upon findings by the Board of Adjustment after a public
hearing that the following conditions exist:
A. There are extraordinary and exceptional conditions pertaining to the particular
piece of property in question because of its size, shape, or topography that are not
applicable to other lands or structures in the same district.
B. Granting the variance requested will not confer upon the applicant any special
privileges that are denied to other residents of the district in which the property is
located.
C. A literal interpretation of the provisions of this Ordinance would,deprive the
applicant of rights commonly enjoyed by other residents of the district in which the
property is located.
D. The requested variance will be in harmony with the purpose and intent of this
Ordinance and will not be injurious to the neighborhood or to the general welfare.
E. The special circumstances are not the result of the actions of the applicant.
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F. The variance requested is the minimum variance that will make possible the legal
use of the land, building or structure.
G. That the application for 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 where it is duly found that a literal application or
enforcement of the regulations will result in unnecessary hardship and relief
granted, will not be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance with the spirit of
this Ordinance. Additionally, no application for variance to the requirements of
this Ordinance may be considered by the Board of Adjustment unless a copy of the
application has been furnished to the Airport Manager for advice as to the
aeronautical effects of the variance. If however, failure of the Airport Manager to
provide a recommendation within forty-five (45) days of his receipt of the variance
request shall be considered a recommendation for approval.
7.3 Filing and Notice of An Appeal
Appeals from the enforcement and interpretation of this Ordinance and requests for
variances shall be filed with the Zoning Administrator specifying the grounds thereof. The
Zoning Administrator shall transmit to the Board of Adjustment all applications and
records pertaining to such appeals and variances.
The Board of Adjustment shall fix a reasonable time for the hearing of appeal, giving
notice to all participants by first class mail. An appeal stays all proceedings in furtherance
of the action appealed from unless the Zoning Administrator certifies to the Board of
Adjustment that by reason of facts stated in the record a stay would, in his opinion, cause
eminent peril to life and /or property. In such a case, proceedings shall not be stayed other
than by an order from the Harnett County Superior Court.
7.4 Fees for Variances or Appeals
The County Board of Commissioners shall set a fee, payable to Harnett County, North
Carolina, to cover the necessary administrative costs and advertising of each application
for a variance or appeal. The set fee shall be posted in the County's Planning Department
office.
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SECTION 8.0 CHANGES AND AMENDMENTS
The Harnett County Board of Commissioners may amend, supplement, or change the text
regulations and Height Control Ordinance Map according to the procedures set forth in this
section.
8.1. Action by the Applicant
The following actions shall be taken by the applicant:
8.1.1 Initiation of Amendments
A. Proposed changes or amendments to the official Height Control Ordinance Map
may be initiated by the County Board of Commissioners, Planning Board, Board
of Adjustment, or by the owner(s), or his agent, of property within the area
proposed to be changed. Property not owned by the applicant(s) may be included
as part of a proposed amendment to the official Height Control Ordinance Map
provided that property owned by the applicant(s) is also included. Applications by
the owner or his agent for changes or amendments to the official Height Control
Ordinance Map may be submitted no more than once within a 12 -month period for
each individual parcel of property.
B. Proposed amendments to the text of the Ordinance may be initiated by any
interested party.
8.1.2 Application
A. An application must be filed in the Planning Office for any proposed height
restriction plan change or text amendment. This application must cite the area on
the existing height restriction plan or the portion of the existing Ordinance for
which the change is requested.
B. This application shall be filed in the Office of the Zoning Administrator according
to the filing schedule located in the County's Planning Department office.
C. The County Board of Commissioners shall set a fee, payable to Harnett County,
North Carolina, to cover the necessary administrative costs and advertising of each
proposed amendment or map change application. The set fee shall be posted in the
County's Planning Department office. The Planning Department, Board of
Adjustment, and Board of County Commissioners shall be exempted from this fee.
8.2. Action by the Planning Boar
The Planning Board shall consider and make recommendations to the County Board of
Commissioners concerning each proposed text change or height district change. The
following policy guidelines shall be followed by the Planning Board concerning text change
15
or zoning district change, and no proposed zoning district change will receive favorable
recommendation unless:
A. The proposal will place all property similarly situated in the area in the same
category, or in appropriate complementary categories.
B. There is convincing demonstration that all uses permitted under the proposed
district classification would be in the general public interest and not merely in the
interest of an individual or small group.
C. That the application for any zoning text or map change 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 where it is duly found that a
literal application or enforcement of the regulations will result in unnecessary
hardship, and relief granted, will not be contrary to the public interest, will not
create a hazard to air navigation, will do substantial justice, and will be in
accordance with the spirit of the Ordinance. Additionally, no application for
variance to the requirements of this Ordinance may be considered by the Board of
Adjustment unless a copy of the application has been furnished to the Airport
Manager for advice as to the aeronautical effects of the variance. If, however,
failure of the Airport Manager to provide a recommendation within forty -five (45)
days of his receipt of the variance request shall be considered a recommendation
for approval.
D. The proposed change is in accordance with the comprehensive plan and sound
planning principles as they relate to planning for airport and surrounding areas.
8.3 Action by the Board of County Commissioners
The County Board of Commissioners may from time to time, as they see fit, amend any
provisions of this Ordinance according to the following procedure:
8.3.1 Notice of Public Hearing
No amendment or map change shall be adopted by the County Commissioners until
after public notice and hearing. Such notice of public hearing shall be as provided
in NC Statute 153A -323 and 153A -343 as each may exist from time to time.
The applicant shall be responsible for providing the names and addresses and
stamped, addressed envelopes of all property owners within the application and all
adjoining property owners insofar as the applicant is able to obtain these names and
addresses through personal knowledge, Harnett County Tax Office, or Land
Records Office. The Zoning Administrator, or his designee, shall be responsible
for mailing the notices and certifying that the notices were mailed.
16
8.3.2 Before taking such lawful action as it may deem advisable, the County Board of
Commissioners shall consider the Planning Board's recommendations on each
proposed zoning amendment or map change. If no recommendation is received
from the Planning Board within thirty (30) days after public hearing by the County
Board of Commissioners, the proposed amendment shall be deemed to have been
approved by the Planning Board,
SECTION 9.0 ADMINISTRATION AND ENFORCEMENT
9.1 Administration
The Assistant County Manager or his authorized agent shall be the Zoning Administrator.
The Zoning Administrator shall administer and enforce this Ordinance.
9.2 Enforcement
If the Zoning Administrator shall find that any of the provisions of this Ordinance are
being violated, he shall notify by registered mail the person responsible for the violation,
specifying the nature of the violation and what corrective measures must be taken.
The Zoning Administrator shall order the discontinuance of illegal buildings or structures
or of additions, alterations, or structural changes thereto; discontinuance of any illegal
work being done; or shall take other action authorized by law to ensure compliance with
or to prevent violation of the provisions of the Ordinance. Any appeal to the Board of
Adjustment regarding an order made by the Zoning Administrator must be filed in the
Planning Department within thirty (30) days of receipt of the order.
9.3 Permits for New. Altered. or Te=orary Use
After the adoption of this Ordinance, it shall be unlawful to establish, move, or alter any
use which is a hazard to aviation other than a bona fide farm unless a permit is applied for
and issued by the Zoning Administrator.
A temporary building permit may be issued for a period of one year, nonrenewable, when
an existing or proposed primary or secondary residence is deemed uninhabitable due to
renovation or construction. A temporary building permit may also be issued for bazaars,
carnivals, religious meetings, or seasonal special events provided that such events shall not
exceed sixty (60) days within any twelve (12) month period.
The Zoning Administrator shall maintain a record of all permits. Failure to obtain a
permit shall be a violation of the Ordinance and punishable under Section 1.7 of this
Ordinance.
17
All applications for permits shall be accompanied by a copy of the deed, conditional sales
agreement, or other instrument of transfer recorded in the Registry of Harnett County
describing the lot in question, and by plans in duplicate, drawn to scale showing the actual
dimensions and shape of the lot to be built upon, the exact heights and locations on the lot
of buildings already existing, if any, and the location and heights of the proposed building
or alteration. A surveyed drawing is required for all lots ten (10) acres or less. The
application shall include such other information as may be required by the Zoning
Administrator including existing or proposed uses of the building and land, and such other
matters as may be necessary to determine conformity with, and provide for the
enforcement of, this Ordinance.
One copy of the plans shall be kept by the Zoning Administrator after he shall have marked
such copy either as approved or disapproved and issued a permit. The second copy will
be presented to the Building Inspector prior to obtaining a building permit. The above
notwithstanding, no deed, conditional sales agreement or instrument of transfer copy shall
be required of any applicant who received the property which is the subject of such
application by intestate succession.
9.5 Fees
The Board of Commissioners shall set a fee, payable to Harnett County, North Carolina,
to cover the necessary processing cost of all permits. The set fee shall be posted in the
County's Planning Department office.
9.6 Expiration of Permit
If the work described in any permit has not begun within six (6) months from the date of
issuance thereof, said permit shall expire. If after commencement the work is discontinued
for any period of six (6) months, the permit shall immediately expire and further work as
described in the expired permit shall not proceed unless and until a new permit has been
obtained.
9.7 Construction and Use to be as Stated on Permit
Permits issued on the basis of plans and applications approved by the Zoning Administrator
authorize only the use, arrangement, and construction set forth in such approved plans and
applications. Use, arrangement, or construction at variance with that authorized shall be
deemed a violation of this Ordinance and punishable as provided by this Ordinance.
9.8 Certificate of Occunancv
No new building or part thereof shall be occupied, and no addition or enlargement of any
existing building shall be occupied, and no existing building after being altered or moved
shall be occupied, and no change of occupancy shall be made in any existing building or
part thereof, until the Building Inspector has issued a Certificate of Occupancy. A
M
temporary Certificate of Occupancy may be issued for a portion or portions of a building
which may safely be occupied prior to final completion and occupancy of the entire
building.
Application for a Certificate of Occupancy may be made by the owner or his agent after
all final inspections have been made for new buildings, or, in the case of existing
buildings, after supplying the information and data necessary to determine compliance with
this Ordinance.
MU :1I
If a permit is denied, the applicant may appeal within thirty (30) days of the action of the
Zoning Administrator to the Board of Adjustment.
9.10 Duties of Zoning Administrator. Board of Adjustment. Courts. and County Board of
Commissioners as to Matters of ARReaI
It is the intention of this Ordinance that (1) all questions arising in connection with the
enforcement of this Ordinance shall be presented first to the Zoning Administrator, and
that (2) such questions shall be presented to the Board of Adjustment only on appeal from
the Zoning Administrator and within the time limits prescribed, and (3) that from the
decision of the Board of Adjustment, recourse shall be to the courts as provided by law.
Any interested party may seek review of a decision of the Board of Adjustment in Superior
Court in the nature of certiorari. Any appeal to the Superior Court shall be taken within
thirty (30) days after the decision of the Board of Adjustment.
It is further the intention of this Ordinance that the Board of Commissioners in connection
with the Ordinance, shall not include the hearing and passing of disputed questions that
may arise in connection with the enforcement thereof or conditional use. The Board of
Commissioners' duties shall include the hearing of amendments to the Height Control
Ordinance text and the Height Control Ordinance Map, and the question of repeal of the
Ordinance as provided by law.
T
9.11
A
Effective Date
This Ordinance shall be effective upon adoption.
Duly adopted this $,day of `�� , 19U.
O
`� hl
Kay BPanchard .
Clerk to the Board
ACKNOWLEDGEMENT
NORTH CAROLINA,
HARNETT COUNTY
HARNETT COUNTY BOARD OF COMMISSIONERS
DAN B. ANDREWS, CHAIRMAN
I 1 -P a Notary Public of the County and State aforesaid,
certify that Dan B. Andrews p sonally came before me this day who being by me duly
sworn, deposes and says: that he is the Chairman of the Harnett County Board of
Commissioners and Kay Blanchard is the Clerk of said Board, that the seal affixed
to the foregoing instrument is the official seal of Harnett County, that said instrument
was signed and sealed by him, attested by the said Clerk and the County's seal
affixed thereto, all by authority of the Board of Commissioners of said County, and
the said Dan B. Andrews acknowledged said instrument to be the act and deed of
Harnett County.
HARNETT COUNTY AIRPORT
HEIGHT CONTROL ORDINANCE
HARNETT COUNTY AIRPORT HEIGHT CONTROL ORDINANCE MAP
DATED JANUARY 1977 BY TALBERT R. BRYANT, INC.
NOTE: A FULL AND COMPLETE
COPY OF THIS MAP CAN BE OBTAINED
AT THE HARNETT COUNTY MANAGER'S OFFICE
NOTES
EXISTING AIRPORT REFERENCE POINT - BEGINNING AT THE
SW END OF NE -SW RUNWAY, THENCE ALONG THE CENTERLINE
N39- 56.39 "E (TRUE) 1850' TO THE EXISTING ARP COORDINATES
LATTITUDE NORTH 35'22'43.66" LONGITUDE WEST 78144'01.05"
ULTIMATE AIRPORT REFERENCE POINT - BEGINNING AT THE
SW END OF NE -SW RUNWAY, THENCE ALONG THE CENTERLINE
N39- 56.39 "E (TRUE) 2500' TO THE ULTIMATE ARP COORDINATES
LATTITUDE NORTH 35'22'48.59" LONGITUDE WEST 78'43'56.01"
COORDINATES ARE BASED ON NAD83 DATUM, ELEVATIONS ARE
BASED ON NGVD29 MEAN SEA LEVEL (MSL)
ESTABLISHED AIRPORT ELEVATION 199' (MSL)
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Project No.
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