§ 7. Permits.

1.

New Structures or Trees. Except as specifically provided for herein, no structure or replacement thereto shall be hereafter erected or otherwise established, and no tree or natural object or replacement or substitution thereto shall be planted within the zones or portions thereof established, specified and described in these Regulations, unless a permit therefore shall have been applied for and granted by Carteret County or its duly authorized officer or agent. "Establishment" of a structure shall include substantial changes, repairs, renovations or replacements thereto. In all cases involving structures, equipment or natural objects within the approaches and zones to the Airport and which lie outside the territorial authority of Carteret County, the Building Inspectors for the Town of Morehead City and Beaufort are requested to refer all persons, firms or corporations, proposing to erect or establish a structure or replacement thereof or the planting of a tree or natural object, to the Carteret County Building Inspection Office for coordination of necessary permits in accordance with the terms of this Appendix. A written application for a permit shall be submitted to Carteret County or the applicable Building Inspection office if in the Town of Beaufort or Morehead City, which shall indicate the purpose, location, size, height and characteristics of the structure or tree with sufficient particularity to permit the County Building Inspection Office to determine whether the proposed structure or tree would conform to these Regulations as supplemented by the Federal Aviation Administration Regulations. Carteret County shall prepare and make available to persons, firms or corporations subject to these Regulations a permit application and the details and procedures for action on the permit application.

Permits under this section shall be required under the following circumstances:

2.

Required Permits. Permits under this section shall be required under the following circumstances:

a.

Horizontal and Conical Zones. In areas lying within the limits of the Horizontal and Conical Zones, a permit shall be required for any tree or structure more than 150 feet and 200 feet respectively, of vertical height above the ground where the same is proposed to be located, and under those circumstances when the terrain, land contour or typographic features, would extend the tree or structure above the height limits prescribed for such zones in these Regulations. Additionally, favorable FAA comments or approvals shall be secured.

b.

Utility Runway Visual Approach, Utility Runway Non Precision Instrument Approach and Runway Larger than Utility Visual Approach Zones (Runways 3, 32, 8, 14, and 21). In these zones a permit shall be required for any tree or structure proposed to be located within 700 feet from the end of the primary surface of the runways in these zones, or the minimum distance outward for the maximum height of the structure or tree if the average height exceeds 35 feet, or in the event said structure or tree would extend above the height limits prescribed for such areas within the zones as a result of terrain, land contour or typographic features.

c.

Approach Zone for Runway 26. In the Runway Larger than Utility with a visibility Minimum Greater than Three-Fourth's Mile Non Precision Instrument Approach Zones for Runway 26, the Runway Larger than Utility with a Visibility Minimum as low as Three-Fourth's Mile Non Precision Instrument Approach Zone, and the Precision Zone for Runway 26, a permit shall be required for any structure or tree if proposed to be located within 1,190 feet of the end of the primary surface of the runway within such zone, or the minimum distance outward for the maximum height of the structure or tree if the height exceeds 35 feet, or in the event said structure or tree would extend above the height limits prescribed for such areas within the zones as a result of terrain, land contour or topographic features.

d.

Transitional and Approach Zones. In all areas lying within the limits of the Transitional and Approach Zones, a permit shall be required for any structure or tree if the proposed vertical height of the tree or structure exceeds the greater of 35 feet vertical height above the ground or the minimum height clearance for the structure or tree at the proposed location using the slope ratios set forth in Section 5 above.

3.

Nonconforming Structures or Trees. Nonconforming structures or trees may continue subject to the terms of this Appendix. However, before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the Carteret County Building Inspection Office or Building Inspection Office having jurisdiction over the area in question. No permit shall be issued which would allow the structure or tree in question to be made higher or become a greater hazard to air navigation or be contrary to the provisions of this Appendix than existed as of the effective date of this Appendix. In the event the Carteret County Building Inspection Office or other applicable Building Inspection Office determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed, then no permit shall be granted that would allow said structure or tree to exceed the applicable height limits or otherwise deviate from these Regulations. Additionally, whether or not an application has been made for a permit under this section, Carteret County may by appropriate action compel the owner of the nonconforming structure or tree at his own expense, to lower, remove, reconstruct or equip such object as may be necessary to conform to these Regulations, or if the owner of the nonconforming structure or tree shall neglect or refuse to comply with such order for ten days after notice thereof, Carteret County may proceed to have the object so lowered, removed, reconstructed or equipped. Otherwise, except as indicated herein, all applications for a permit for the replacement, change or repair of a nonconforming structure or tree shall be granted.

4.

Permit Process. The Carteret County Zoning Enforcement Officer and Building Inspectors are hereby designated as the administrative officers to administer and enforce these Regulations. The County Building Inspectors or Zoning Enforcement Officers are authorized to review and issue any permit for a structure or tree under this Appendix if such inspector or officer is able to determine that the permit and the proposed action hereunder meets the requirements of this Appendix as supplemented by FAA Regulations. If in the opinion of the Building Inspector or Zoning Enforcement Officer there is a need for the permit application to be reviewed by the Beaufort-Morehead Airport Authority, or for the permit application to be reviewed and heard by either the Carteret County Board of Adjustment or the Town of Beaufort, then the Building Inspector or Zoning Enforcement Officer may refer the matter to the Airport Authority, Carteret County Board of Adjustment or the Town of Beaufort for coordination or hearing as deemed necessary.

Under normal procedures, the Building Inspector or Zoning Enforcement Officer shall act on all permit requests within five (5) business days by either approving or denying the same or referring the application to the Beaufort-Morehead City Airport Authority for review, consultation with the Federal Aviation Administration, or for hearing by the County Board of Adjustment.

5.

Obstruction Marking and Lighting. In granting any permit or variance under this Appendix, Carteret County or its duly authorized officers or agents, or the Carteret County Board of Adjustment may, if it deems such action advisable to effectuate the purposes of this Appendix and deems the same reasonable under the circumstances, may condition such permit or variance so as to require the Owner of the structure or tree in question to install, operate and maintain suitable obstruction markers and obstruction lights thereon at his expense.