§ 5-3000. Restrictions adjacent to airports.

A.

Purpose. .....The provisions contained in this section regulate the height of structures and objects of natural growth in the vicinity of any civil airport located in Isle of Wight County or its environs. Specifically, these regulations apply to all areas of the county included within or underneath an imaginary surface or surfaces surrounding any civil airport in accordance with the standards set forth in Part 77.25, 77.28 and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, referred to hereafter as the Federal Regulations, and Section 15.2-2294 of the Code of Virginia. A copy of these standards is available in the office of the zoning administrator.

B.

Intent. .....The provisions contained in this section are intended to protect the public health, safety and welfare by ensuring that development in the county will occur in such a manner as to result in no interference with civil air traffic.

C.

Definitions. .....The words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise:

Airport.\ For purposes of this section, this term shall refer to the John Beverly Rose Airport.

Airport elevation.\ The highest point on any usable landing surface expressed in feet above mean sea level.

Airport safety zone.\ All of the area and airspace within Isle of Wight County lying equal to or above an approach surface, horizontal surface, conical surface, primary surface or transitional surface as they apply to civil airports in the county or its environs. These zones are superimposed over the underlying zoning districts and do not affect the uses and activities of the underlying zoning districts except as provided in this section.

Approach surface.\ An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitations slope set forth in the federal regulations.

Conical surface.\ An imaginary surface, whose design standards are referenced the federal regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

Hazard to air navigation.\ An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

Height.\ For all height limitations, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface.\ An imaginary surface represented by a horizontal plane one hundred fifty (150) feet above the established airport elevation for any civil airport, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

Nonconforming structure/use.\ Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment thereto.

Obstruction.\ Any structure, growth or other object, including any mobile object, which exceeds a limiting height or penetrates any surface or zone floor, set forth in this section.

Primary surface.\ An imaginary surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway.\ A specified area on an airport or airfield prepared for landing and takeoff of aircraft.

Transitional surface.\ An imaginary surface, whose design standards are referenced in the federal regulations, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

Vegetation.\ Any object of natural growth.

D.

Airport safety zones. .....In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

Airport zone.\ A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

Approach zone.\ A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

Transitional zone.\ A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

Conical zone.\ A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator, and are hereby adopted as a part of this ordinance.

E.

Airport safety zone height limitations. .....Except as otherwise provided in this ordinance, in any zone created by these regulations, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this ordinance at any point.

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator.

F.

Use restrictions. .....Not withstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to:

1.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

2.

Diminish the ability of pilots to distinguish between airport lights and other lights;

3.

Result in glare in the eyes of pilots using the airport;

4.

Impair visibility in the vicinity of the airport;

5.

Create the potential for bird strike hazards; or

6.

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport.

G.

Nonconforming uses.

1.

Except as provided in this section, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alternation of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this ordinance, and is diligently pursued.

2.

Notwithstanding the provision of this section, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

H.

Permits and variances.

1.

Except as provided in this section, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with the sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved as provided in this section.

2.

No permit shall be granted that would allow the establishment or creation or an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in this section.

3.

Whenever the zoning administrator determined that a nonconforming structure has been abandoned or more than fifty percent (50%) destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance except with the relief as provided for in this section.

4.

An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of section 1-1019 of this ordinance. Prior to the any such application being considered by the board it shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

5.

In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to, requirements to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. (7-7-05; 9-17-15; 7-19-18; 11-15-18.)