Therefore , the Zoning Code lacks the clarity of how an application for a structure is assessed for compliance with the imaginary surfaces associated with Seymour Johnson AFB as part of the planning process .
In the absence of the proper tools to assess compliance with the imaginary surfaces , the city must rely on the review of Seymour Johnson AFB .
Additionally , the Zoning Ordinance does not consider or require an applicant to provide an FAA‐issued Determination of No Hazard through an Obstruction Evaluation as required by 14 CFR Part 77.9 . This regulation states that any person / organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA :
• Any construction or alteration exceeding 200 ft . AGL ; or
• Any construction or alteration :
� Within 20,000 ft of a military airport which exceeds a 100:1 surface from any point on the runway of each airport with its longest runway more than 3,200 ft .
� Within 10,000 ft . of a military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft .
Wayne County Zoning Ordinance Section 50.8 of the Wayne County Zoning Ordinance outlines the Airport Height Overlay to promote the safe conduct of aircraft in the vicinity of an airport , to prevent creation of conditions hazardous to aircraft operation , to prevent loss of life and property , and to encourage development which is compatible with airport use characteristics . Within the Overlay , no structure is allowed to be constructed or maintained that would exceed maximum imaginary surface heights by less than ten feet .
Background Report
The Wayne County regulation is similar to the C that it only specifies compliance with the imagin indicate how this is accomplished . Because dete complies with the imaginary surfaces is based o of the structure , the structure height above gro airfield , and which imaginary surface the structu to know whether a structure is in compliance b a given point in three dimensional space relativ elevation .
The Overlay also does not require a coordinated Seymour Johnson AFB though this a requiremen Bill 254 , enacted in 2013 General Assembly Ses notification to the base military commander of telecommunication towers which are typically t vertical obstruction .
Additionally , the Zoning Ordinance does not con to provide an FAA‐issued Determination of No H Obstruction Evaluation as required by 14 CFR P
Findings
• Though the City of Goldsboro Zoning Ord requirement for compliance with the Sey Study relative to vertical obstructions , th how a development application is assess not require an FAA Determination of No
• Though Wayne County has adopted an A Land Use Code which includes a requirem FAA Part 77 regulations for vertical obstr address how a development application does not require a formal coordinated re AFB , and does not require an FAA Determ