HomeMy WebLinkAboutC.054.93011_1707Section 108. Permits.
(a) Future structure. No person shall erect or atter 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 or referred to in Section 103.
(c) Permit requirements. When compliance with the aerial contour height limits cannot be dearly
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. 4
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) To hear and decide specific variances under Section 107.
(b) The board of adjustment may adopt rules establishing procedure. Meetings of the board of
adjustment shalt 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, if absent or fading to vote, indicating such tact 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 pubic 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.
(d) The chairman of the board of adjustment shall fix a reasonable time for the hearing of the appeal
and cause public notice to be given together with notice m the parties in interest The board of adjustment
shall decide the appeal within a reasonable time. At the hearing, any party may appear in person or by
agent or by attorney. All witnesses will be sworn and a record of the proceedings shall be kept
(e) The board of adjustment may, in conformity with the provisions of this ordinance, reverse or affirm,
wholly or partly, or modify the order, requirement decision or determination appealed from and may make
such order, requirement, decision or determination as ought to be made, and to that end shall have all the
powers of the administrative agency from which the appeal is taken.
(f) Before the board of adjustment considers a variance request or hears an appeal from any order,
requirement decision or determination made under the provisions of this ordinance, the Statesville Airport
Commission shall be given an opportunity to make recommendations with respect to the variance or
appeal.
(g) The board of adjustment shall make written findings of fact and conclusions of law, giving the facts
upon which it acted and its legal conclusions from such facts, in reversing, affirming or modifying any
order, requirement decision or determination which comes before it under the provisions of this
ordinance.
(h) The concurring vote of torr -fifths of the members of the board of adjustment shall be necessary to
reverse any order, requirement, decision or determination of the zoning administrator, or to decide in
favor of the applicant on any matter upon which it is required to pass under this ordinance.
Section 113. Judicial review.
Any person, any taxpayer or any officer, department board a bureau of the county aggrieved by any
decision of the board of adjustment may petition for a writ of certiorari to the superior court as provided in