Orange County NC Website
04 <br /> With respect to the other requests of the applicant for changes <br /> in the stipulations and requirements of the special use permit, the <br /> Planning Board recommends the following: <br /> II. The Planning Board recommends that the request for removal of <br /> the restrictions on the number of .training flights be denied. As <br /> stated above, the proposed Midway Airport will have a strong crosa.7.6. <br /> wind component during a large part of the year. This will add <br /> to the danger of accidents which already is inherent in training <br /> flights. Also, the training flights add greatly to the noise which <br /> will have a serious impact upon the citizens living near the airport. <br /> III. The Planning Board recommends that the applicant's request <br /> for deletion of the requirement for the access road to Teer Road <br /> be denied. . It has been stated clearly and convincingly by the <br /> Chief of the Orange Grove Fire Company that the access road is <br /> necessary for the fire company to be able to respond with <br /> minimum delay to fires at the airport. Therefore, this access road <br /> or an eq ivalent onMeadowcrest Road should be required. <br /> 1E-O" <br /> IV. The planning Board recommends that the applicant's request <br /> for permission to have accessory uses at the airport be limited <br /> to the f6llowing uses which are clearly accessory to the <br /> primary function of an airport: radio sales (aircraft-type of <br /> radio) , radio service, aircraft sales, aircraft service, and a <br /> coin-operated snack bar. We recommend that the following <br /> services 'be specifically denied: branch banking, real estate <br /> office, sales of amusement and sporting tickets, an employee- <br /> operatedlrestaurant or snack bar, and unlimited office space. <br /> In connection with the legal question of whether the Orange County <br /> zoning ordinalnce can include an item or stipulation such as section <br /> 8.8.8.2.c which is more restrictive than State or Federal require- <br /> ments, we have been advised by mr. Richard Ducker of the U.N.C. Institute <br /> of Government that it is permissible for local zoning ordinances to <br /> be more restrictive than corresponding State or Federal regulations <br /> provided that it can be shown that the local ordinance is not unreasonable. <br /> If the Board of County Commissioners believes that section 8.8.8.2.c <br /> should not be applied in the case of Midway Airport, then a "cleaner" <br /> way to proceeld would be to ammend the ordinance to delete item <br /> 8.8.8.2.c and then act on the Midway request. However, this also <br /> raises a question, namely should an ordinance be amended specifically <br /> to apply to a particular case? <br />