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HomeMy WebLinkAboutC.054.93011_0248 (2)Section 108. Permits. (a) Future structure. No person shall erect or alter any structure within the airport zones without first applying for and receiving a permit in accordance with the provisions of this ordinance. (b) Existing structures. Before any existing structure may be replaced, substantially altered or repaired, or rebuilt within the airport zones, a permit must be secured authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure to be made or become higher than the height limit as determined by the aerial contours appearing on the height zoning map referred to in Section 103. (c) Permit requirements. When compliance with the aerial contour height limits cannot be clearly established without further information, the zoning administrator may require that the permit include, but not be limited to, the ground elevation of the area in question with certification by a registered land surveyor or professional engineer. Section 109. Hazard marking and lighting. Any permit or variance granted under Section 107 or 108 may, if such action is deemed advisable to effectuate the purposes of this ordinance, be so conditioned as to require the owner of the structure or tree in question, to permit the City of Statesville, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Section 110. Duties of zoning administrator. The zoning administrator is hereby designated the administrative official charged with the duty of administering and enforcing the regulations prescribed in this ordinance. The duties of the zoning administrator shall include that of hearing and deciding all applications for permits under Section 108, but the zoning administrator shall not have or exercise any of the powers or duties herein delegated to the board of adjustment. Section 111. Board of adjustment. (a) The board of adjustment is to have and exercise the following powers: (1) To hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator in the enforcement of this ordinance. (2) The hear and decide specific variances under Section 107. (b) The board of adjustment may adopt rules establishing procedure. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman or, in the absence of the chairman, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question or, 9 absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board of adjustment and shall be a public record. Section 112. Appeals. (a) Any person aggrieved, or any officer, department, board, commission or bureau of the county affected, by any decision of the zoning administrator made in the administration of this ordinance may appeal to the board of adjustment, for which provision is made in Section 111. (b) All appeals taken under this ordinance must be taken within the time provided by the rules of the board of adjustment, by filing with the zoning administrator and with the board of adjustment a notice of appeal, specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed was taken. (c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of adjustment, after the notice of appeal has been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order of the board of adjustment or by a court of record on application, on notice to the zoning administrator and on due cause shown.