Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 5 - VIRGINIA AVIATION BOARD › Chapter 20 - REGULATIONS GOVERNING THE LICENSING AND OPERATION OF AIRPORTS AND AIRCRAFT AND OBSTRUCTIONS TO AIRSPACE IN THE COMMONWEALTH OF VIRGINIA › Part VII - General › Section 24VAC5-20-400 - Appendix A: Airport Safety Zoning Ordinance

Current through Register Vol. 40, No. 24, July 15, 2024
PREAMBLE
AN ORDINANCE regulating and restricting the height of
					 structures and objects or natural growth, and otherwise incidentally regulating
					 the use of property in the vicinity of the airports in (-insert name of
					 locality-) by creating the appropriate zones and establishing the boundaries
					 thereof; providing for changes in the restrictions and boundaries of such
					 zones; defining certain terms used herein; providing for enforcement; and
					 imposing penalties.
The ordinance is adopted pursuant to the authority
					 conferred by §§ 15.1-427 through 15.1-503 of the Code of Virginia. It
					 is hereby found that an obstruction has the potential for endangering the lives
					 and property of users of the airports and residents in (-insert name of
					 locality-); 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 the airports and the public investment therein.
					 Accordingly, it is declared:
1. That
				  is necessary in the interest of the public health, safety, and general welfare
				  that the creation or establishment of obstructions that are hazards to air
				  navigation be prevented;
2. That
				  the creation or establishment of an obstruction has the potential for being a
				  public nuisance and may injure the area served by the airports;
3. That the (-insert name of locality-)
				  derives economic development and enhanced interstate commerce from (-insert
				  name of airports(s)) that are held strictly to the highest possible safety
				  standards; and
4. That the
				  prevention of these obstructions should be accomplished, to the extent legally
				  possible, by the exercise of the police power without compensation.
Be it ordained by (-insert name of local governing
					 body-):
Article 1.
SHORT TITLE.
§ 1.1. This ordinance shall be known and may be cited
					 as the (-insert name of locality-) Airport Safety Zoning Ordinance.
Article 2
DEFINITIONS.
§ 2.1. As used in this ordinance, the following terms
					 shall have the meanings respectively ascribed to them, unless the context
					 clearly requires otherwise:
"Administrator": The official charged with the enforcement
					 of this ordinance. He or she shall be the (-insert title of designated local
					 official-).
"Airport": (-insert name of affected airport or
					 airports-).
"Airport elevation": The highest point on any usable
					 landing surface expressed in feet above mean sea level.
"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 Article 4 of this ordinance. In plan the
					 perimeter of the approach surface coincides with the perimeter of the approach
					 zone.
"Approach, transitional, horizontal, and conical zones":
					 The airspace zones as set forth in Article 3 of this ordinance.
"Conical surface": A surface extending horizontally twenty
					 feet for every one foot 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 in the Commonwealth.
"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 (M.S.L.) elevation unless otherwise specified.
"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.
"Nonconforming use": Any preexisting structure or object of
					 natural growth which is inconsistent with the provisions of this ordinance or
					 any amendment to this ordinance.
"Obstruction": Any structure, growth, or other object,
					 including a mobile object, which exceeds a limiting height, or penetrates any
					 surface or zone floor, set forth in Article 4 of this ordinance.
"Permit": A document issued by (-insert name of locality-)
					 allowing a person to begin an activity which may result in any structures or
					 vegetations exceeding the height limitations provided for in this
					 ordinance.
"Person": Any individual, firm, partnership, corporation,
					 company, association, joint stock association, or governmental entity. The term
					 includes a trustee, a receiver, an assignee, or a similar representative of any
					 of them.
"Primary surface": A surface, with a specified width as
					 provided in Article 3 of this ordinance, longitudinally centered on a runway.
					 When the runway has a specifically prepared hard surface, the primary surface
					 extends 200 feet beyond each end of that 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 prepared for
					 landing and takeoff of aircraft.
"Structure": Any object, including a mobile object,
					 constructed or installed by any person, including but not limited to buildings,
					 towers, cranes, smokestacks, earth formations, towers, poles, and electric
					 lines of overhead transmission routes, flag poles, and ship masts.
"Transitional surfaces": Surfaces which extend outward
					 perpendicular to the runway centerline extended at a slope of seven feet
					 horizontally for each foot vertically from the sides of the primary and
					 approach surfaces to where they intersect the horizontal and conical
					 surfaces.
"Vegetation": Any object of natural growth.
"Zone": All areas provided for in Article 3 of this
					 ordinance, generally described in three dimensions by reference to ground
					 elevation, vertical distances from the ground elevation, horizontal distances
					 from the runway centerline and the primary and horizontal surfaces, with the
					 zone floor set at specific vertical limits by the surfaces found in Article 4
					 of this ordinance.
Article 3.
AIRPORT SAFETY ZONES.
§ 3.1. In order to carry out the provisions of this
					 ordinance, there are hereby established certain zones which include all of the
					 area and airspace of (-insert name of locality-) lying equal to and above the
					 approach surfaces, transitional surfaces, horizontal surfaces, and conical
					 surfaces as they apply to (-insert name of airport or airports-). 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 Article 5 of this
					 ordinance. An area located in more than one 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 of the specific geometric standards for these
					 zones are to be found in Part 77.25, Subchapter E (Airspace), of Title 14 of
					 the Code of Federal Regulations, or in successor federal regulations. A copy of
					 these standards is found in Appendix A of this ordinance.
Article 4.
AIRPORT SAFETY ZONE HEIGHT LIMITATIONS.
§ 4.1. Except as otherwise provided in this ordinance,
					 in any zone created by this ordinance 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, known as the floor, of any zone provided for
					 in Article 3 of this ordinance at any point.
§ 4.2. The height restrictions, or floors, for the
					 individual zones shall be those planes delineated as surfaces in Part 77.25,
					 Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in
					 successor federal regulations. A copy of these standards is found in Appendix A
					 of this ordinance.
Article 5.
USE RESTRICTIONS.
§ 5.1. Notwithstanding 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 airborne 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 intending to use the airport.
Article 6.
NONCONFORMING USES.
§ 6.1. Except as provided in § 6.2 of this
					 ordinance, the regulations prescribed by this ordinance shall not require the
					 removal, lowering, or other change or alteration 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 was begun prior to the effective date of this ordinance, and is
					 diligently prosecuted.
§ 6.2. Notwithstanding the provision § 6.1, 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 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.
Article 7.
PERMITS.
§ 7.1. Except as provided in §§ 7.1, 7.2,
					 and 7.3 of this Article, 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 and 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 this
					 ordinance shall be granted unless a variance has been approved as provided in
					 § 7.4.
§ 7.2. No permit shall be granted that would allow the
					 establishment or creation of 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 § 7.4.
§ 7.3. Whenever the administrator determines that a
					 nonconforming structure has been abandoned or more than fifty percent
					 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 § 7.4.
§ 7.4. Any person desiring to erect or increase the
					 height or size of any structure not in accordance with the regulations
					 prescribed in this ordinance may apply for a variance from such regulations to
					 the (-insert board of zoning appeals or other entity-). Such application shall
					 be properly advertised and be reviewed and considered through a public hearing.
					 Prior to being considered by the (-insert board of zoning appeals or other
					 entity-) the application for variance 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. Such variances shall only 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, will do substantial
					 justice, and will be in accordance with the spirit of this ordinance.
					 Additionally, no application for a variance to the requirements of this
					 ordinance may be considered by the (-insert board of zoning appeals or other
					 entity-) unless a copy of the application has been furnished to the airport
					 owner for advice as to the aeronautical effects of the variance. If the airport
					 owner does not respond to the application within fifteen days after receipt,
					 the (-insert board of zoning appeals or other entity-) may act independent of
					 the airport owner's position to grant or deny the variance.
§ 7.5. 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 in question 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
					 administrator. If deemed proper with reasonable cause by the (-insert board of
					 zoning appeals or other entity-), this condition may be modified to require the
					 owner of the structure in question to permit the airport owner, at his own
					 expense, to install, operate, and maintain the necessary markings and
					 lights.
Article 8.
ENFORCEMENT.
§ 8.1. The administrator shall administer and enforce
					 the regulations prescribed in this ordinance. He or she shall be vested with
					 the police power incumbent to carry out and effectuate this ordinance,
					 including the action of injunction, prosecution and other available means
					 through the (-insert name of circuit court having jurisdiction in the
					 locality-). Applications for permits and variances shall be made to the
					 administrator on a form published for that purpose.
Article 9.
APPEALS.
§ 9.1. Any person aggrieved, or any officer,
					 department, board, or bureau of (-insert name of locality-) affected by a
					 decision of the administrator may appeal such decision to the (-insert board of
					 zoning appeals or other entity-).
Article 10.
JUDICIAL REVIEW.
§ 10.1. Any person aggrieved or any taxpayer adversely
					 affected by any decision of the (-insert board of zoning appeals or other
					 entity-) may appeal to the (-insert name of circuit court having jurisdiction
					 in the locality-).
Article 11.
PENALTIES.
§ 11.1. Each violation of this ordinance or of any
					 regulation, order, or ruling promulgated under this ordinance shall constitute
					 a misdemeanor and be punishable by a fine of no more than five hundred dollars.
					 Each day on which a violation occurs shall constitute a separate
					 offense.
Article 12.
CONFLICTING REGULATIONS.
§ 12.1. Where there exists a conflict between any of
					 the regulations or limitations prescribed in this ordinance and any other
					 regulations applicable to the same subject, where the conflict is with respect
					 to the height of structures or vegetation and the use of land, or any other
					 matter, the more stringent limitation or requirement shall govern.
Article 13.
SEVERABILITY.
§ 13.1. Should any portion or provision of this
					 ordinance be held by any court to be unconstitutional or invalid, that decision
					 shall not affect the validity of the ordinance as a whole, or any part of the
					 ordinance other than the part held to be unconstitutional or invalid.
Article 14.
ADOPTION.
§ 14.1. Be it resolved that this ordinance has been
					 properly drawn, legally advertised, and presented through a public hearing
					 before the governing body of (-insert name of locality-) on (-insert month,
					 day, year-). Be it further resolved that the effective date of this ordinance
					 is (-insert month, day, year-) and that the ordinance from that date forward
					 carries the full weight of law within (-insert name of locality-) until and
					 unless altered otherwise by the governing body.
Statutory Authority
§§ 5.1-2.2 and 5.1-2.15 of the Code of
						Virginia.