ORDINANCE TO LIMIT HEIGHT OF
OBJECTS AND TO REGULATE PLACEMENT OF CERTAIN STRUCTURES
WITHIN SPECIFIC AREAS OF NOISE LEVEL AROUND EASTERN WEST VIRGINIA
REGIONAL AIRPORT
REENACTMENT AND AMENDMENT OF BERKELEY
COUNTYS ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND
OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE
EASTERN WEST VIRGINIA REGIONAL AIRPORT BY CREATING THE
APPROPRIATE ZONES PROTECTION AREAS AND ESTABLISHING THE BOUNDARIES
THEREOF, PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH
ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE EASTERN
WEST VIRGINIA REGIONAL AIRPORT
PROTECTION MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR
ENFORCEMENT; ESTABLISHING A BOARD OF APPEALS; AND IMPOSING PENALTIES.
This Ordinance is re-adopted and
amended pursuant to the authority conferred by Chapter 8 Article 24 of the
Code of West Virginia. It is hereby found that an obstruction has
the potential for endangering the lives and property of users of Eastern
West Virginia Regional Airport, and property or occupants of land in its
vicinity; that an obstruction may affect existing and future instrument
approach minimums of Eastern West Virginia Regional Airport; and that an
obstruction may reduce the size of areas available for the landing,
takeoff, and maneuvering of aircraft, thus tending to destroy or impair
the utility of Eastern West Virginia Regional Airport and the public
investment therein. It is
further found that noise levels contemplated for future aircraft have the
potential of endangering the health, safety, peace and comfort of
occupants of land adjacent to the Eastern West Virginia Regional Airport,
in areas specifically designated on the Protection Map hereinabove
referenced. Accordingly, it is declared:
(1)
that the creation or establishment of an obstruction has, the
potential of being a public nuisance and may injure the region served by
Eastern West Virginia Regional Airport;
(2)
that it is necessary in the interest of the public health, public
safety, and general welfare that the creation or establishment of
obstructions that are hazardous to air navigation be prevented; and
(3)
that the prevention of these obstructions should be accomplished,
to the extent legally possible;
(4)
that the building and/or maintenance of residential and other noise
sensitive uses within the 75 decibel and above noise level areas
designated on the Protection Map incorporated herein shall be considered a
public nuisance, potentially harmful to occupants thereof and to the
continued effective use of the airport property these regulations are
intended to protect; and
(5)
that the future building of residential and other noise sensitive
uses in the noise level areas designated between 65 and 75 decibels is
required to include noise mitigation as specifically set forth and
recommended in current Federal Aviation Administration regulations.
It is further declared that the
prevention of the creation or establishment of hazards to air navigation,
the elimination, removal, alteration or mitigation of hazards to air
navigation, or marking and lighting of obstructions are public purposes
for which a political subdivision may raise and expend public funds and
acquire land or interests in land.
IT IS HEREBY ORDAINED BY THE COUNTY
COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA, AS FOLLOWS:
SECTION
I:
SHORT TITLE
This Ordinance shall be known and may
be cited as Eastern West Virginia Regional Airport Approach
Protection Ordinance.
SECTION
II:
DEFINITIONS
As used in this Ordinance, unless the
context otherwise requires:
1.
AIRPORT Means Eastern West Virginia Regional Airport.
2.
AIRPORT ELEVATION 557 feet above mean sea level.
3.
APPROACH SURFACE A surface longitudinally centered on the
extended runway centerline, extending outward and upward from the end of
the primary surface and at the same slope as the approach zone height
limitation slope set forth in Section IV of this Ordinance. In plan the
perimeter of the approach surface coincides with the perimeter of the
approach zone.
4.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES -
These zones are set forth In Section III of
this Ordinance.
5.
BOARD OF APPEALS A board consisting of 5 members appointed by
the Berkeley County Commission as provided in Chapter 8, Article 24 of the
West Virginia Code.
6,
CONICAL SURFACE A surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal
distance of 4,000 feet.
7.
HAZARD TO AIR NAVIGATION An obstruction determined to have an
adverse effect on the, safe and efficient utilization of the navigable
airspace.
8.
HEIGHT For the purpose of determining the height limits in, all
zones set forth in this Ordinance and shown on the zoning map, the datum
shall be mean sea level elevation unless otherwise specified.:
9.
HORIZONTAL SURFACE A horizontal plane 150 feet above the
established airport elevation, the perimeter of which in plan coincides
with the perimeter of the horizontal zone.
10.
LARGER THAN UTILITY RUNWAY A runway that is constructed for and
intended to be used by propeller driven aircraft of greater than 12,500
pounds maximum gross weight and Jet powered aircraft. ,
11.
NONCONFORMING USE Any pre-existing structure, object of natural
growth, or use of land which is in existence as of the effective date of
this ordinance and is consistent with the provisions of this Ordinance or
any amendment thereto.
12.
NONPRECISION INSTRUMENT RUNWAY A runway having an existing
instrument approach procedure utilizing air navigation facilities with
only horizontal guidance, or area type navigation equipment, for which a
straightin nonprecision instrument approach procedure has been approved
or planned.
13.
OBSTRUCTION Any structure, growth, or other object, including a
mobile object, which exceeds a limiting height set forth in Section IV of
this Ordinance.
14.
PERSON An individual, firm, partnership, public or private
corporation, company, association, joint stock association or government
entity; includes a trustee, a receiver, an assignee, or a similar
representative of any of them.
15.
PRECISION INSTRUMENT RUNWAY A runway having an existing
instrument approach procedure utilizing an Instrument Landing System (ILS)
or a Precision Approach Radar (PAR). It also means a runway for which a
precision approach system is planned and is so indicated on an approved
airport layout plan or any other planning document.
16.
PRIMARY SURFACE A surface longitudinally centered on a, runway.
When the runway has a specially prepared hard surface, the primary surface
extends 200 feet beyond each end of that runway; for military runways or
when the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at each end of that runway. The width of
the primary surface is set forth in Section III of this Ordinance. The
elevation of any point on the primary surface is the same as the
elevation of the nearest point on the runway centerline.
17.,
RUNWAY A defined area on an airport prepared for landing and
takeoff of aircraft along its length.
18.
STRUCTURE An object, including a mobile object, constructed or
installed by, man, including but not limited to buildings, towers, cranes,
smokestacks, earth formation, and overhead transmission lines.
19.
TRANSITIONAL SURFACES These surfaces extend outward at 90
degree angles to the runway centerline and the runway centerline extended
at a slope of seven (7) feet
horizontally for each foot vertically from
the sides of the primary and approach surfaces to where they intersect the
horizontal and conical surfaces. Transitional surfaces for those portions
of the precision approach surfaces, which project through and beyond the
limits of the conical surface, extend a distance of 5,000 feet measured
horizontally from the edge of the approach surface and at 70 degree angles
to the extended runway centerline.
20.
TREE - Any woody perennial plant.
2l.
UTILITY RUNWAY A runway that is constructed for and intended to
be used by propel1er driven aircraft of 12, 500 pounds maximum gross
weight and less
22.
VISUAL RUNWAY A runway intended solely for the operation of
aircraft using visual approach procedures.
23.
NOISE LEVEL AREAS Areas within the footprint of the airport
runways in which the level of noise currently created and expected to be
created by future aircraft uses exceeds safe decibel levels, specifically,
levels of 65 decibels and above.
SECTION
III: AIRPORT 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 beneath the approach surfaces,
transitional surfaces, horizontal surfaces, and conical surfaces as they
apply to Eastern West Virginia
Regional Airport.
Such zones are shown on Eastern West Virginia Regional Airport
Protection Map consisting of one sheet,
dated May 4, 2004, which is attached to this Ordinance and made a part hereof.
An area located in more than one of the following zones is considered to
be only in the zone with the more restrictive height limitation. The
various zones are hereby established and defined as follows;
-
1.
Utility Runway Visual Approach Zone The inner edge of
this approach zone coincides with the width of the primary surface and is
250 feet wide. The approach zone expands outward uniformly to a width of
1,250 feet at a horizontal distance of 5,000 feet from the primary
surface. Its centerline is the continuation of the centerline of the
runway.
2.
Utility Runway Nonprecision Instrument Approach Zone The
inner edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its centerline is the continuation of the centerline of
the runway.
3.
Runway Larger Than Utility Visual
Approach Zone The inner edge of this approach zone
coincides with the width of the primary surface and is 500 feet wide. The
approach zone expands outward uniformly to a width of 1,500 feet at a
horizontal distance of 5,000 feet from the primary surface.
Its centerline is the continuation of the centerline of the runway.
4,
Runway Larger Than Utility With A Visibility Minimum Greater
Than 3/4 Mile
Nonprecision Instrument Approach Zone
The inner edge of this approach zone coincides with the width of the
primary surface and is 500 feet wide. The approach zone expands outward
uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet
from the primary surface. Its centerline is the continuation of the
centerline of the runway.
5.
Runway Larger Than Utility With A Visibility Minimum As Low As
Ύ Mile
Nonprecision Instrument Approach Zone
The inner edge of this approach zone coincides with the width of the
primary surface and is 1,000 feet wide.
The approach zone expands outward uniformly to a width of 16,000
feet at a horizontal distance of 50,000 feet from the primary surface.
Its centerline is the continuation of the centerline of the runway.
6.
Precision Instrument
Runway Approach Zone The inner edge of this -approach zone
coincides with the width of the primary surface and is 1,000 feet wide.
The approach zone expands outward uniformly to a width of 16,000 feet at a
horizontal distance of 50,000 feet from the primary surface. Its
centerline is the continuation of the centerline of the runway.
7.
Transitional Zones The transitional zones are the areas
beneath the transitional surfaces.
8.
Horizontal Zone The horizontal zone is established by
swinging arcs of 5,000 feet radii for all runways designated utility or
visual and 10,000 feet for all others from the center of each end of the
primary surface of each runway and connecting the adjacent arcs by drawing
lines tangent to those arcs. The horizontal zone does not include the approach and
transitional zones.
9.
Conical Zone The conical zone is established as the area
that commences at the periphery of the horizontal zone and extends outward
therefrom a horizontal distance of 4,000 feet.
10.
Runway Protection Zone Such zones are a trapezoidal area
off the end of the runway end that serves to enhance the protection of
people and property on the ground in the event an aircraft lands or
crashes beyond the runway end. Runway
Protection Zones underlie a portion of the approach closest to the
airport.
SECTION
IV: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this
Ordinance, no structure shall be erected, altered, or maintained, and no
tree shall be allowed to grow in any zone created by this Ordinance to a
height in excess of the applicable height herein established for such
zone. Such applicable height
limitations are hereby established for each of the zones in question as
follows:
1.
Utility Runway Visual Approach Zone Slopes twenty (20)
feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of
5, 000 feet along the extended runway centerline.
2.
Utility Runway Nonprecision Instrument Approach Zone
Slopes twenty (20) feet outward for each foot upward beginning at the end
of and at the same elevation as the primary surface and extending to a
horizontal distance of 5,000 feet along the extended runway centerline.
3.
Runway Larger Than Uti1ity Visual Approach Zone Slopes
twenty (20) feet outward for each foot upward beginning at the end of and
at the same elevation as the primary surface and extending to: a
horizontal distance of 5,000 feet along the extended runway centerline.
4.
Runway Larger Than Utility With A Visibility Minimum Greater
Than 3/4 Mile Nonprecision Instrument Approach Zone Slopes
thirty-four (34) feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a
horizontal distance of 10, 000 feet along the extended runway centerline.
5.
Runway Larger Than Utility With A Visibility Minimum As Low As
3/4 Mile Nonprecision Instrument Approach Zone Slopes
thirty-four (34) feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a
horizontal distance of 10,000 feet along the extended runway centerline.
6.
Precision Instrument Runway Approach Zone Slopes fifty
(50) feet outward for each foot upward beginning at the end of and at the
same elevation as the primary surface and extending to a horizontal
distance of 10,000 feet along the extended runway centerline; thence
slopes upward, forty (40) feet horizontally for each foot vertically to an
additional horizontal distance of 40,000 feet along the extended runway
centerline.
7.
Transitional Zones Slope seven (7) feet outward for each
foot upward beginning at the sides of and at the same elevation as the
primary surface and the approach surface,
and extending to a height of 150 feet above
the airport elevation which is 557 feet above mean sea level.
In addition to the foregoing, there are established height limits
sloping seven (7) feet outward for each foot upward beginning at the sides
of and the same elevation as the approach surface, and extending to where
they intersect the conical surface. Where
the precision instrument runway approach zone projects beyond the conical
zone, there are established height limits sloping seven (7) feet outward
for each foot upward beginning at the sides of and the same elevation as
the approach surface, and extending a horizontal distance of 5,000 feet
measured at 90 degree angles to the extended runway center line
8.
Horizontal Zone Established at 150 feet above the
airport elevation or at a height of 250 feet above mean sea level.
9.
Conical Zone Slopes twenty (20) feet outward for each
foot upward beginning
at the periphery of the horizontal zone and
at 150 feet above the airport elevation and extending to a height of 350
feet above the airport elevation.
SECTION
V:
USE RESTRICTION
Notwithstanding any other provisions
of this Ordinance, no use may be made of land or water within any zone
established by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of the pilots using
the airport, impair visibility in the vicinity of the airport, create bird
strike hazards, or otherwise in any way endanger or interfere with the
landing, takeoff, or maneuvering of aircraft intending to use the airport.
SECTION
VI: NONCONFORMING USES
1.
Regulations Not Retroactive The regulations prescribed
in this Ordinance shall not be construed to require the removal, lowering,
or other change or alteration of any structure or tree not conforming to
the regulations at the effective date of this Ordinance, or otherwise
interfere with the continuance of a nonconforming use. Nothing contained
herein 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 actively
proceeding to completion. Provided,
however, That nothing herein shall be construed so as to permit
nonconforming uses such as residences and places of public assembly
(Churches, schools, hospitals, office buildings, shopping centers, and
other uses with similar concentrations of persons typify places of public
assembly.) to remain within the Runway Protection Zones or in the areas of
75 decibel noise level and above established herein or to be constructed
within such Zones and noise level areas if such construction was commenced
prior to the effective date of this Reenacted and Amended Ordinance.
2.
Marking and Lighting Notwithstanding the preceding
provision of this Section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation,
operation, and maintenance thereon of such markers and lights as shall be
deemed necessary by the Planning
Commission or its designee to indicate to the operators of aircraft in the
vicinity of the airport the presence of such airport obstruction.
Such markers and lights shall be installed, operated, and
maintained at the expense of the Eastern West Virginia Regional Airport
Authority.
3.
Mandatory Disclosures ---All sellers of real property
situate in Berkeley County,
including owners of such property and real estate agents assisting
in the sale of such property,
which property is located so as to be affected by the provisions of
this
Ordinance, are hereby required to disclose, in writing, to
potential purchasers of such
property the applicable restrictions on the use of such property
and the noise mitigation requirements
which obtain pursuant to this Ordinance.
SECTION
VII: PERMITS
1.
Future Uses Except as specifically provided in a, b and c
hereunder, no material change shall be made in the use of land, no
structure shall be erected or otherwise established, and no tree shall be
planted in any zone hereby created unless a permit therefor shall have
been applied for and granted. Each application for a permit shall indicate
the purpose for which the permit is desired, with sufficient data to
determine 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.
No permit for use inconsistent with the provisions of this
ordinance shall be granted unless a variance has been approved in
accordance with Section VII, Article 4.
a.
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure less
than seventy-five feet of vertical height above 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 zones.
b.
In areas lying within, the limits of the approach zones but at a
horizontal distance of not less than 4,200 feet from each end of the
runway, as the same exist or are contemplated at the time of re-adoption
and reenactment of this ordinance, all as shown on the Protection map
incorporated herein, no
permit shall be required for any tree or structure less than
seventyfive feet of vertical height above the ground, except when such
tree or structure would extend above the height limit prescribed for such
approach zones.
c.
In the areas lying within the limits of the transition zones beyond
the perimeter of the horizontal zone, no permit shall be required for any
tree or structure less than seventy-five 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.
Nothing contained in any of the
foregoing exceptions shall be construed as permitting or intending to
permit any construction, or alteration of any structure, or growth of any
tree in excess of any of the height limits established by this Ordinance.
2.
Existing Uses No permit shall be granted that would
allow the establishment or creation of an obstruction or permit a
nonconforming use, structure, or tree to 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. Except as indicated, all applications for such a permit shall be
granted.
3.
Nonconforming Uses Abandoned or Destroyed - If any
nonconforming use of land shall cease for any reason whatsoever through a
period of 180 consecutive days, said nonconforming use shall be deemed to
have been abandoned and the applicable
regulations shall apply to the area in question. Whenever the
Planning Director determines that a nonconforming tree or structure has
been abandoned or destroyed by any means to an extent of more that 50
percent of its replacement cost at the time of destruction, no permit
shall be granted that would allow such structure or tree to exceed the
applicable height limit or otherwise deviate from these regulations.
4.
Variances - Any person desiring to erect or increase the
height of any structure, or permit the growth of any tree, or use property
not in accordance with the regulations prescribed in this Ordinance, may
apply to the Board of Appeals for a variance from such regulations. The
application for variance shall be accompanied by a determination from the
Federal Aviation Administration as to the effect of the proposal on the
operation of air navigation facilities and the safe, efficient use of
navigable airspace. Such variances shall be allowed where it is duly found
that a literal application or enforcement of the regulations will result
in unnecessary hardship and relief granted, will not be contrary to the
public interest, will not create a hazard to air navigation, and will be
in accordance with the intent of this Ordinance. Additionally, no
application for variance to the requirements of this Ordinance may be
considered by the Board of Appeals unless a copy of the application has
been furnished to the Airport Manager for advice as to the aeronautical
effects of the variance. If the Airport Manager does not respond to the
application within 15 days after receipt, the Board of Appeals may act on
its own to grant or deny said application. .
5.
Obstruction 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
conditioned as to require the owner of the structure or tree in question
to install, operate, and maintain, at the owners expense such marking
and lights as may be necessary. If
deemed proper by the Board of Appeals, this condition may be modified to
require the owner to permit the Eastern West Virginia Regional Airport
Authority, at its own expense, to install, operate, and maintain
the necessary markings and lights.
SECTION
VIII: ENFORCEMENT
It shall be the duty of the
Planning Commission or its designee to administer and enforce the
regulations prescribed herein. Applications for permits and variances
shall be made to the Planning
Commission or its designee upon a form published for that purpose.
Applications required by this Ordinance to be submitted to the
Planning Commission or its designee shall be promptly considered
and granted or denied. Application for action by the Board of Appeals
shall be forthwith transmitted by the
Planning Commission..
SECTION
IX: BOARD OF APPEALS
1.
There is hereby created a Board of Appeals to have and exercise the
following powers: (1) to expeditiously hear and decide appeals from any
order, requirement, decision, or determination made by the
Planning Commission or its designee in the enforcement of this
Ordinance; (2) to expeditiously hear and decide special exceptions to the
terms of this Ordinance upon which such Board of Appeals under such
regulations may be required to pass; and (3) to expeditiously hear and
decide specific variances.
2.
The Board of Appeals shall consist of five members appointed by the
Berkeley County Commission and each shall serve for a term of three years
until a successor is duly appointed and qualified. Of the members first
appointed, one shall be appointed for a term of one year, one for a term
of two years, and one for a term of three years.
3.
The Board of Appeals shall adopt rules for its governance and in
harmony with the provisions of this Ordinance and Chapters 8, Article 24
of the West Virginia Code. Meetings of the Board of Appeals shall be held
at the call of the Chairperson and at such other times as the Board of
Appeals may determine. The Chairperson or, in the absence of the
Chairperson, the Acting Chairperson may administer oaths and compel the
attendance of witnesses. All hearings of the Board of Appeals shall be
public. The Board of Appeals shall keep minutes of its proceedings showing
the vote of each member upon each question; or if 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 Planning
Commission.
4.
The Board of Appeals shall make written findings of facts 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.
5.
The concurring vote of a majority of the members of the Board of
Appeals shall be sufficient to reverse any order, requirement, decision,
or determination of the Planning
Commission or its designee or decide in favor of the applicant on any
matter upon which it is required to pass under this Ordinance, or to
effect variation to this Ordinance.
SECTION
X: APPEALS
1.
Any person aggrieved by any decision of the Planning Commission or
its designee, made in the administration of
this Ordinance, may appeal to the Board of Appeals.
2.
All appeals hereunder must be taken within 30 days of the date of
the decision appealed from and as provided by the rules of the Board of
Appeals, by filing with the Planning
Commission or its designee a notice of appeal specifying the grounds
thereof. The Planning
Commission or its designee shall forthwith transmit to the Board of
Appeals all the papers constituting the record upon which the action
appealed from was taken.
3.
An appeal shall stay all proceedings in furtherance of the action
appealed from unless the Planning Commission or its designee certifies to the Board of
Appeals, after the notice of appeal has been filed with it, that by reason
of the facts stated in the certificate a stay would in the opinion of the
Planning Commission or its designee cause imminent peril to life or
property. In such case,
proceedings shall not be stayed except by restraining order of the
Berkeley County Circuit Court on notice to the
Planning Commission.
4.
Publication of Notice The
Planning Commission or its designee shall publish once at the
expense of the applicant, a notice of the public hearing. This notice
shall be published in a paper of general circulation in the city or
county, not less than thirty days prior to the date set for the hearing.
The notice shall include the application number and the date, time and
place of the hearing, summary of the variance or appeal, and the location
of the property, its area, and name of the owner.
5.
The Board of Appeals may, in conformity with the provisions of this
Ordinance, reverse or affirm, in whole or in part, or modify the order,
requirement, decision, or determination appealed from and may make such
order, requirement, decision, or determination as may be appropriate under
the circumstances and forthwith notify the appellant of its decision in
writing including the reasons therefore.
SECTION
XI: JUDICIAL REVIEW
Any person aggrieved by any decision
of the Board of Appeals may appeal to the Circuit Court as provided in
Article 24 of Chapter 8 of the Code
of West Virginia.
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 of not less than
$500.00 nor more than $1,000.00;
and each day a violation continues to exist shall constitute a separate
offense.
SECTION
XIII: CONFLICTING
REGULATIONS
Where 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, and the use of land, or
any other matter, the more stringent limitation or requirement shall
govern and prevail.
SECTION
XIV: SEVERABILITY
If any of the provisions of this
Ordinance or the application thereof to any person or circumstances are
held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the
invalid provision or application, and to this end, the provisions of this
Ordinance are declared to be severable.
SECTION
XV: EFFECTIVE DATE
The effective date of this reenactment
and amendment shall be upon the adoption of the same by the Berkeley
County Commission.
Re-adopted as amended this the 2d day
of September, 2004
_________________________________
Steven C. Teufel, President
_________________________________
John E. Wright, Commissioner
_________________________________
Howard L. Strauss, Commissioner
