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1973-05-09 Public Hearing~~~ MINtTTES OF MEETING, MAY ~, ~973 - 9~0o A.M. (CONTINUED) DISCUSSION OF ORDINANCE FOR AIRPORT USER'S FEE {CONTINUED) - It was agreed that this ordinance would be effective July 1, ~973, unless Congress ~ had made definite appropriations that had not been vetoed; and, if they did make definite appropriations, the ordinance would be rescinded. DIBCUSSION OF WATER RESOURCES CONGRESS~~- Commissioner Hall moved., seconded by Chairman Vaughan, that the Chamber of Commerce be notified that the Commissioners did not recognize the bill for expenses incurred by Richard P. Reagan in connection with attendance as a delegate to the ~973 Water Resources Congress inasmuch as they did not authorize this attendance. Motion carried unanimously. DISCUSSION OF CIVIL -EFENSE G~iv~xATOR - Chairman Vaughan appointed Commissioners Davis and Powell as a committee to make a recommendation on the Civil Defense Generator. Commissioner Wright recommended that they discuss this with the County Engineer. Commissioner Hall recommended that they discuss it with the County Engineer and Gen. Andrew H. Harriss, Jr., Civil DeYense Director, together. DISCUSSION OF IiUGH MacRAE PARg - Commissioner Yowell read a letter from the Winter Park Optimist Club enumerating their contribution to Hugh MacRae Park from the I,ittle I,eague Program. Chairman Vaughan appointed Commissioner Powell to confer with the County Engineer to get this agreement to 4~ork out with the Park personnel a program for utilization oY the parks by the community in the mornin~s. DISCUSSION OF TAPES OF MEETINGS - Sy common consent, it was agreed that the tapes of the meetin~s would be held for one year and then erased and reused. AISCUSSION OF CON'II`IITTEE APPOINTMENTS - Chairman Vaughan presented a letter from Mr. Durwood Baggett, Director of Harbor House Marine Science Center and County Extension Chairman, requesting that Commissioner Powell be appointed to serve on the Executive Committee of the Harbor House Marine Science Center. Commissioner Hall moved, seconded by Commissioner Wright, that Mr. Baggett be notified that no appointments would be made from the Board of County Commissioners until a new evalu- ation of committee appointments had been made. Motion carried unanimously. ADJOURNMENT - There being no further business to come before the Board, Chairman Vaughan adjourned the meeting. Respectfully submitted, ~ ~~ ~ - ~~~~ Zise K. Aing Clerk to the Board LKK:wg MINUTES OF RECESSED PUBI,IC HEARING~ MAY 9, ~973 - 5~3o P.M. The New Hanover County Board of Commissioners met in a special session on Wednesday, May 9, ~973, at 5:30 P.M. in the Assembly Room, County Commission Building, Wilmington, North Carolina, for the recessed public hearing of the proposed Airport Height Zoning Ordinance. Members present were Commissioners Peter R. Davis, J. M. Hall, Jr., W. Douglas Powell, Vivian S. Wright; Chairman M. H. Vaughan; and Clerk to the Board, I,ise B. ging. Chairman Vaughan opened the public hearing for discussion. Mr. Neil Mallory, Planning Director, stated that it was his understanding that the meeting on April 9, '19'J3, had been recessed in order that the contour map could be made reproducible and advertised as being on display at the airport, which he stated had been done. Mrs. Audrey Feenstra requested the County Engineer, Richard' Epling, go over the su~gestion he had made as an insertion in the ordinance. Mr. Epling stated that the intent of his suggestion was to inform people that, if they were in the Airport zone, they would assume they would need a permit for any structure over ~5 feet unless they were notiYied by letter that there was some more severe limitation im- posed by the ordinance. Chairman Vaughan stated that this would protect people from doing something in ignorance and being fined for it. Chairman Vaughan polled everyone individually of the approximately 40 people in the room for their comments and questions. One woman asked would they be reimbursed if trees had to be topped or cut down; and Mr. Rudolph C. Shackleford; Assistant Airport Manager, stated that the County would effect re- moval at cost to the County and the property owner would be reimbursed for any damages. Another woman asked if they could build whatever they wanted to on their land, and Nir. Mallory stated that this ordinance would govern height only. One gentleman stated that this would mean that this would impose two laws to govern their land, a height restriction and a building permit. ~~~? MINUTES OF RECESSED PUBI,IC HEARING, MAY 9, ~973 - 5~30 P.M. (CONTINUED) Chairman Vaughan stated that the Building Inspector would have nothing to use as a guideline unless an ordinance were set up for this purpose. Chairman Vaughan moved, seconded by Commissioner Powell, that the following sug- gestion from the County Engineer be included as paragraph 4 on page '10 of the ordinance: In the other areas of transitional zones, no permit shall be required for any tree or structure less than ~5 feet o£ vertical height above the ground except where a lower hei~ht limitation has been established by the requirements of this Ordinance, and the property owner has been notified, by letter, of such limitation. Such specific height limitation, upon determination and notification by certified mail to the property owner, shall be incorporated in this Ordinance by rePerence as if set £orth in full. Upon vote, motion carried unanimously. Commissioner Wright asked if the surveys had been made to determine what would be in compliance with the Ordinance and what would not. Ghairman Vaughan stated this had been put off until after the adoption of the Ordinance. Commissioner Wright asked that if there were a tree there now that was too tall and the Ordinance were adopted and then the survey were made, wouldn't the misdemeanor clause apply. Mr. Shackleford stated that the date of the Ordinance should be the same day as when the survey was completed and recorded and then it would be in effect £rom that date forward and anything non-conforming at the time that the survey was made and re- corded would not be covered in that Ordinance. He recommended that it become efi'ec- tive 60 days from the date o£ adoption. Chairman Vaughan moved, seconded by Commissioner Powell, that the date the Ordi- nance goes in force would be 60 days after adoption by the Commissioners. Mrs. Audrey Feenstra asked Mr. Shackleford to e~lain about the trees that were non-conforming. Mr. Shackleford stated that a~y tree found to be a non-conforming structure as a result of the survey would not be governed by this Ordinance. , Mrs. Feenstra stated that, in other words, there were no trees on their_property that anything could be done to without private negotiations, that these would not be covered under this Ordinance and that negotiations would have to be made with the pro- perty owners. • Commissioner Powell pointed out that trees £ound by the survey to be conforming but later, because of growth became violating, would be subject to this Ordinance. Mr. Shackleford stated this was covered in paragraph B on page '10 of the Ordi- nance, which he reas as follows: EXISTING USES - No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a non-conforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation than it was on the effective date of this Ordinance or a~y amendments thereto, or than it is when the application for a permit is made. Upon vote, motion that Ordinance would go into force 60 days after its adoption by the Commission carried unanimously. Chairman Vaughan moved, seconded by Commissioner Hall, that the following Airport Height Zoning Ordinance incorporating such chan~es as made up to and includin~ 6:39 P.M., May 9, ~973, be adopted and that the Ordinance adopted on May '15, '196'I, be simultaneously repealed: "NEW FIANOVER COIINTY AIRPORT HEIGHT ZnPTING ORDINANCE ENACTMENT : . This Ordinance is adopted pursuant to the authority conferred by North Carolina General Statute Chapter 63; Sections 63-30 through 63- 3'7. It is hereby found that an airport hazard endan~ers the lives and property of users of the New Hanover County Airport and of occupants of land in its vicinity, aid 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: ('I) That the creation or establishment o£ 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 thes• interest of the public health, public safety, and general wel- fare that tlie 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, altera- tion, mitigation,.or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and e~cpand public funds and acquire land or interests in land. ~~~ MINUTES OF ~C~~u~ED PUBLIC HEARING, MAY 9, ~973 - 5~30 P.M. (CONTINUE-) Airport Hei~ht Zonina Ordinance ~Continued) - PREAMBLE: An Ordinance regulating and restricting the height of structures and objects of natural growth, and otherwise regulatin~ the use of pro- perty as specified in this ordinance in the vicinity affected b9 the use of the New Hanover County Airport by creating primary zones, approach zones, transition zones, horizontal zone and conical zone, and estab- lishing the boundaries thereof; providing for changes in the restric- tions 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 en- forcement; establishing a board of adjustments; and, imposing penalties. IT IS HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF NEW HANOVER,GSTATE OF NORTH CAROI,INA, AS FOLLOWS: SECTION I: SHORT TITI,E This Ordinance shalltie~:known and may be cited as "The New Hanover County Airport Height Zoning Ordinance." SECTION ZI: DEFINITIONS As used in this Ordinance, unless the context otherwise requires: ('I) AIRPORT - Means New Hanover County Airport. (2) AIRPORT ELEVATION - Means the established elevation of the highest point on the usable landing area (3'I.00 feet above mean sea level). (3) AIRPORT HAZARD - Means any structure, tree, or use of land which obstructs the air space required for, or is otherwise ~ . hazardous to, the flight of aircraft in landing or taking off at the Airport. (4) AIRPORT REFERENCE POINT - Means the point established as the approximate geographic center of the Airport landing area ang so designated, the coor~inates of tiahich are: Latitude 34 -'16'-'10.7", Zongitude ~'] -54'-'10.8". (5) BOARD OF ADNSTMET]T ?iMeans a board consisting of inembers appointed by the Board of County Commissioners of the County of New Hanover, State of North Carolina, as provided in North Carolina General 5tatute Chapter 63, Section 33 (c). (6) HEIGHT - For the purpose of determinin$ the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be related to mean sea level elevation unless otherwise specified. (~) I,ANDING AREA - Means the area of the Airport used for the landing, take-off, or taxiing of aircraft. (8) NON-CONFORMInTG USE - Means any structure, tree, or use of land which is lawfully in existence at the time the regu- lation is prescriBed in the Ordinance or an amendment there- to becomes effective and does not then meet the requirements of said regulation. (9) NON-PRECISION INSTRUMENT RUNWAY - Means a runway having an existing instrument approach procedure utilizing air navi- gation facilities with only horizontal guidance, or any t~pe navigation equipment for which a straight-in, non-precision instrument approach procedure has been approved, or planned, and.for which no precision approach facilities are planned or indicated on a FAA planning document or military service airport planning document. ('10) PRECISION INSTRUMENT RUNWAY - Means a runway having an existing or planned instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision 9pproach Radar (PAR). ('I'I) PERSON - Means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, execu- tor, guardian, or other representative. ('12) RUNWAY - Means the paved surface of an airport landing strip used for take-offs and landings. ('13) STRUCTURE - Means an object constructed or installed by man, including, but without limitation, buildings, towers, smoke- stacks, and overhead transmission lines. ('14) TREE -.Means any- object of natural growth. ~~~ MINLTTES OF RECESSED PUBLIC HEARING, MAY 9, ~973 - 5~'~0 P.M. (CONTINUED) Airport Hei~ht Zonin~ Ordinance CContinued~)! - SECTION III: 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 within the primary zones, instrument approach zones, non-instrument approach 2ones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the New Hanover County Airport Height Zoning Map dated December, '197'I, which is at- tached to this Ordinance and made a part hereof. The various zones are hereby established and defined as follows: ('I) PRIMARY ZONE - A surface longitudinally centered on the runway, extending 200 feet beyond. the end of that iunway (the end of the runway does not include any overruns or blast pads). The width of the primary zone is 1,000 feet for both precision instrument runways (23 and 34) and for Category "D" non-precision instrument runways (5 and '16). This primary zone extends for a distance of 500 feet on either side of the runway center line and at right angles thereto. (2) INSTRUMENT APPROACH ZONE - A zone longitudinally centered on the extended runwa~ center line and extendin~ outward and upward from each end of the primary zone. An approach zone is applied to each end of each runway based upon the type of approach available or planned for that runway end. (A) PRECISION INSTRUMINT APPROACH ZaNE - The inner edge of the approach zone is the same width as the primary zone: ('I,000 feet) and it expands uniformly to a width of 'I6,000 feet. The approach zone extends £or a horizon- tal distance of 50,000 £eet beyond the primary zone, its center line being a continuation of the center line of the runway. This applies to existing precision in- strument Runway 34 (and to existing Runway 23 for future precision instrument status). (B) NON-PRECISION INSTRUMENT APPROACH ZONE - This approach is used on runways in Category "D" (visibility minimums as low as 3/4 mile). The inner edge of the approach zone is the same width as the primary zone ('I,000 feet) and it e~cpands uni£ormly to a width of 4,000 feet. The ap- proach zone extends for a horizontal distance of '10,000 feet beyond the primary zone, its center line being a continuation o£ the center line o£ the runway. This applies to existing Runways 5 and '16. (3) TRANSITIONAL ZONE - Transitional zones are established adjacent to the primary zone and approach zones as indicated on the zoning map. Transitional zones symmetrically located on either side of the primary zone and approach zone have variable widths as shown on the zoning map. These zones extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of '] to 'I from the sides of the primary zone and from the sides of the approach zones for their entire lengths. Within the confines of the periphery of the horizontal zone, the transitional zone extends at a slope of '] to 'I until it has reach- ed an elevation of '150 feet above the established Airport eleva- tion (intersects the horizontal zone). The transitional zone along the approach zones flare symmetrically along either side and slope outward and upward at a slope of ~ to 'I until they intersect the horizontal zone. Transtional zones for those portions of the precision instru- ment approach zone which project through and beyond the limits of the conical zone are parallel to the approach zone outer limits and extend a distance of 5,000 Yeet on each side of the approach zone as measured horizontally from the edge o£ the ap- proach zone and at right angles to the runway center line ex- tended. These transitional zones intersect and are terminated, as shown on the Airport Hei~ht Zoning Map at the periphery of the conical zone. (4) HORIZONTAL ZONE - A horizontal plane '150 feet above the estab- lished Airport elevation, the peripher;y of which is constructed by swinging ares o£ 10,000 feet in radii from the center of each end oY the primary zorie of each runway and connecting the adja- cent ares by lines tangent::to those ares. (5) COPTICAZ ZONE - A zone extending outward and upward from the periphery of the horizontal zone for a horizontal distance of 4,000 feet. SECTION IV: HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Ordinance to a height in excess of the height limit herein estab- lished for such zone. Such height limitations are computed from the es- tablished Airport elevation and are hereby established £or each of the zones in question as follows: ~~tl7 MINUTES OF RECESSED PUBLIC HEARING, MAY 9, ~973 - 5~30 P.M. (CONTINUED) Airnort Hei~ht Zonir~ Ordinance (Continued+) - ('I) PRIMARY ZONE - The elevation of an~ point on the primary zone is the same as the elevation of the nearest point on the run- way center line. (2) PRECISION INSTRUMENT APPROACH ZaNE - One ('I) foot in height for each fifty (50) feet in horizontal distance (slope of 50 to 'I) beginning at the primary zone and extending out- ward for a horizontal distance of '10,000 £eet. Then one ('I) £oot in height for each forty (40) feet in horizontal distance (slope 40 to 'I) for an additional horizontal dis- tance o£ 40,000 feet. This applies to existing precision instrument Runway 34 and to existing Runway 23 for a pos- sible future precision instrument status. (3) NON-PRECISION INSTRUME~TT APPROACH ZOPTE - One ('I) foot in height for each thirty-four (34) feet in horizontal dis- tance (slope of 34 to 'I) beginning at the primary zone and extending outward Yor a horizontal distance of '10,000 feet. (4) TRANSITIONAI~ ZONE - One ('I) foot in height for each seven (']) feet in horizontal distance beginning at the primaxy zone and the approach zones (within the periphery of the horizontal zone) and extending upward the distance required to reach a maximum height of '150 feet above the established Airport elevation of 3'I.00 feet above mean sea level (in- tersects the horizontal zone). Transitional zones for those portions of the precision instrument approach zone which project through and beyond the limits of the conical zone shall have a height limit of one ('I) foot in height for each seven (']) feet in hori- zontal distance beginning at the elevation of the approach zone and extending outward £or a horizontal distance of 5,000 feet (as measured at right angles to the runway center line extended) parallel to the said precision in- strument approach zone. These transitional zones inter- sect and are terminated, as shown on the Airport Height Zoning Map, at the periphery of the conical zone. (5) HORIZONTAI, ZONE - A horizontal plane '150 feet above es- tablished Airport elevation of 3'I.00 feet. The horizontal zone bein$ at an elevation of '18'I.00 feet above mean sea level. (6) COPTICAI, ZONE - One ('I) foot in height for each twenty (20) feet in horizontal distance (slope of 20 to 'I) be- ginning at the periphery of the horizontal zone and ex- tending outward for a horizontal distance of 4,000 feet. 4Jhere an area is covered by more than one height limitation, the more restrictive shall prevail. Nothing in this Ordinance shall be construed as prohibiting the growth, construction~, or maintenance of any tree or structure to a height up to '15o Seet above the established Airport elevation except where same comes in con- flict with the primary zone, transitional zones, and the approach zone (both types). SECTION V: USE RESTRICTIONS Notwithstanding any other provisions of this Ordinance, no use may be made of land or buildings within any zone established by this Ordinance in such a manner as to create electrical interference with radio communication between the Airport and aircraft, make it difficult for flyers to distin- guish between Airport lights and others, result in glare in the eyes of the flyers using the Airport, impair visibility in the vicinity of the Airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft. SECTION VI: AREA OF JURISDICTION Pursuant to North Carolina General Statutes 63-3'I (d), New Hanover County exercises its statutory authority as owner of the New Hanover County Airport, and in order to protect the approaches of said Airport, the jurisdiction~aof this Ordinance is extended to aT1 areas depicted,on the New Hanover County Airport Height Zoning Map, including areas within the City of Wilmington and Pender County. SECTION VII: NON-CONFORMING USES (A) REGULATIONS NOT RETROACTIVE - The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not con- forming to the regulations as of the effective date of this Or- dinance, or otherwise interfere with the continuance of ar~y non- conforming use. Nothing herein contained 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. ~~~ MINiJTES OF RECESSED PUBZIC HEARING, MAY 9, ~973 - 5~3o P.M. (CONTINUED) Airport Hei~ht Zonin~ Ordinance (Continued) - (B) MARKING AND LIGHTING - Notwithstanding the preceeding provision of this Section, the owner of any non-conformin$ structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and li$hts as shall be deemed necessary by the Airport Manager to indicate to the oper- ators of aircraft in the vicinity of the Airport, the presence of such Airport hazards. Such markers and lights shall be in- stalled, operated, and maintained at the expense of the Board of Commissioners of the County of New Hanover, State of North Carolina, or the Federal Aviation Administration. SECTION VIII: PEAMITS (A) FUTURE USES - E~cept as specifically provided in Paragraphs 1, 2, 3, & 4 hereunder no structure or tree shall be erected, al- tered, planted, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and ~ranted. Permits for any type of construction exceeding the hei~ht restrictions in the City or County Zoning Ordinance may be requested by applying for a special form that may be ob'tained in the County Building Inspector's Office. Each ap- plication for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure,.or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. ('i) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for ax~y tree or structure less than 75 £eet of vertical height a- bove the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zone. (2) In the areas lying within the limits of the precision instrument and the non-precision instrument approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required £or any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure would extend above the hei$ht'limit prescribed for such precision instrument or non-precision instrument approach zones. ~ (3) In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal ~one, 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. (4) In the other areas of transitional zones, no permit shall be required for ar~y tree or structure less than '75 feet of vertical height above the ground except where a lower height limitation has been established by the requirements of this Ordinance, and the property owner has been notified, b9 letter, of such limitation. Such specific height limitation, upon determination and notification by certified mail to the property owner, shall be incorporated in this Ordinance by re£erence as if set forth in full. Nothing contained in any of the foregoing exceptions shall be con- strued as permitting or intending to permit any construction, alteration, or growth of any structure or" tree in excess of any of the height limits established by this Ordinance as set forth in Section IV. (B) EXISTING USES - No permit shall be ~ranted that would allow the establishment or creation of any airport hazard or permit a non- conforming use, structure, or tree to be made or become higher, or 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. (C) NON-CONFORMIIdG USES ABANDONED OR DESTROYED - Whenever the Building Inspector determines that a non-conforming structure or tree has been abandoned or more than 80 percent damaged, physically deteriorated, or decayed, no permit shall be granted that would allow such struc- ture or tree to exceed the applicable height limit or otherwise deviate from these regulations. (D) VARIANCES - Ar~y person desiring to erect or increase the height of any structure or permit the growth of any tree, or use his propert9i not in accordance with the regulations prescribed in this Ordinance, may apply to the Board of Adjustment for a variance from such regu- lations. Special•restrictions may be applied to the variance by the Board o£ Adjustment. Such vari'ation shall be allowed where it is duly found that a literal application or enforcement o£ the regula- tions would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but will do substantial justice and be in accordance with the spirit of this Ordinance. ~~~. MINUTES OF RECESSED PUBLIC HEARING, r~Y 9-; ~973 - 5~30 P.M. (CONTINUED) Airroort Hei~ht Zonin~ Ordinance (Continued) - (E) HAZARD MARKING AND LIGHTING - 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 con- ditioned as to require the owner of the structure or tree in ques- tion to permit the Board of Commissioners of New Hanover County, State of North Carolina, 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 IX: ENFORCEMENT It shall be the duty of the New Hanover County Building Inspector to administer and enforce the regulations prescribed herein. The Building Inspector shall coordinate the enforcement of this Ordinance, including the issuance of permits, with the Airport Manager. It shall be the duty of the,Airport Manager to advise the Building Inspector of any violations of this Ordinance. Applications for permits and variances shall be made to the New Hanover County Building Inspector's Office upon a form furnished by him. Applications required by this Ordinance to be submitted to the Building Inspector shall be promptly considered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Building Inspector. Whenever a tree that is conforming to the requirements of this Ordinance on the effective date grows to a point that is in violation of a~y height herein specified, the owner of such tree shall allow the County to remove or lower such tree to a point that will make the tree comply with the height specified. Such removal or lowering of trees shall be done at the expense of the Board o£ Commissioners of the County of New Hanover, State of North Carolina and the County of New Hanover shall be liable for any injury or compensatory damage in accordance with the General Statutes of the State of North Carolina. SECTION X: BOARD OF ADJUSTPIENT The Board of Adjustment is the same body provided for in Article XII of the New Hanover County Zoning Ordinance. This body will hear appeals £rom cases involving the regulations of this Ordinance. SECTION XI: JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment may appeal within 30 days to the Superior Court as provided in Section 34 of Chapter 63 of the North Carolina General Statutes. SECTION XiI: PENALTIES Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine and/or imprisonment as authorized under Chapter 63, Section 63-35 of the North Carolina General Statutes, and each da~* a violation~continues to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS When there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, or an,y other matter, the more stringent limitations or requirement shall govern and prevail. SECTION XIV: S~v~,xABILITY CLAUSE Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decisions shall not affect the validity of the Ordinarice as a whole, or any part thereo£, other than the part so declared to be unconstitutional or invalid. SECTION XV: EFFECTIVE DATE This Ordinance shall be in full force and effect 60 days from and after its passage by the Board of Commissioners of the County o£ New Hanover, State of North Carolina, Adopted by the Board of Commis- sioners of the County oY New Hanover, State of North Carolina, the 9th day of May, 1973• ~ .~\ n ,[.t ~ ~11i1 ~ /r%~ 0~ ~~~ Comthi~er ~ ~'7~ ~~ Co~issioner c~~~ Com~ ~Yon ~ Commissioner" ~~~ MINUTES OF RECESSED PUBI,IC HEARING, MAY 9., ~973 - 5~30 P.M.~(CONTINUED) = Upon vote, motion carried as follows: Voting Aye: Commissioners Davis, Hall, Powell and Chairman Vaughan. Voting Noe: Commissioner Wright. There being no further business to come before the Board, Chairman Vaughan ad- journed the public hearing. Respectfully submitted, ~. ~ . . °Gl ~ ~n~ I,ise K. ging Clerk to the Board LKK:wg MINtTTES OF MEETING, MAY 2'!, ~973 - 9:0o A.M. ASSEMBLY The New Hanover County May 2'1, '1973, at 9:fl0 A.M., Wilmington, North Carolina. J. M. Hall, Jr., W. Douglas Clerk to the Board, Lise K. Board of Commissioners met in regular session on Monday, in the Assembly Room, County Commission Building, Members,;present were Commissioners Peter R. Davis, Powell, Vivian S. Wright; Chairman M. H. Vaughan; and King. Chairman Vaughan called the meeting to order. ~ Rev. J. L. Follette of Ephesus 'Jth Day Adventist Church offered the invocation. APPROVAI, OF MIN[TTES: REGULAR MEETING. MAY 7, ~973 Commissioner Wright requested that the minutes of May 21, ~9~3, show that she did agree to the changes in the ordinance for the airport security fee but that she did not agree to the ordinance as a whole. . Upon motion,by Commissioner Davis, seconded by Commissioner Hall, the minutes of May 7, ~973, were unanimously approved. APPROVAL OF MINUTES: RECESSED PUBLIC HEARING, MAY 9. ~973 Upon motion by Commissioner Hall, seconded by Commissioner Wright, the minutes of the recessed public hearing of May 9, ~9'73, on the Airport,Height Zoning Ordi- nance were unanimously approved. REPORT FROM THE COLLECTOR OF REVENUE Mrs. Janie B. Straughn, Collector of Revenue, presented the following report on callections during the month of April, ~9'73: "May 'I , .'1973 _ NEW HANaVER CQUNTY TAX COLLECTIONS Charged Per Scroll Added - Per Tax Supervisor Less Abatements 5,355,582•25 ~,054,983.83 6,4'10,566.08 - ~7,y'+5•!+3 6,393,~20.65 Collections - April Prepayments Collections - Sept.-May 6,~22,~39.89 27~,980.76 APRIL ~97~ 5,23~.85 ~9~0 2,235•36 ~969 ~,055•97 '1968 1 ,'169. 24 ~96'7 533.93 Prior '1,360.95 BACg' TA~S =... ~TO DATE 93,368.'17 28,8~0.'l0 ~7,345•72 ~0,796.00 5,~83.29 ~9,422.35 ~~,587.30 72,499.4s 386,692.34 5,662,948.07 ~75,925.63 Charged Per Back Tax Records Less Abatements Collections To Date 436 , 2'16 . 30 - 4,029.92 -~75,925.63 255,925.63 DELINQUENT PERSONAL APRIL TO DATE ~y7'~ 330.79 4,860.~3 ~970 '1,409.64 3,'I'16.87 ~959 455.58 ~,583.40 '1968 434. 5'I 'I , 286.'I'7 ~967 ~35•78 659.47 Prior 396.52 'I,'188.6'7 3,~72•92 '12 , 694.'7'i "