The airport safety overlay district is adopted pursuant to the authority conferred by Code of Virginia, § 15.2-2294 and is based upon findings that obstructions to air navigation have the potential for endangering the lives and property of users of the airports and residents of Accomack County; and that obstructions 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.

(Ord. of 1-19-2000(4))

As used in this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Airport means the Accomack County Airport, Wallops Flight Facility, and Tangier Airport.

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

Approach surface means 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 106-454 of this article. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones mean the airspace zones as set forth in section 106-453 of this article.

Conical surface means a surface extending horizontally 20 feet for every one foot vertically from the periphery of the horizontal surface.

Hazard to air navigation means 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 means, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.

Horizontal surface means 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 means any preexisting structure or object of natural growth which is inconsistent with the provisions of this chapter or any amendment to this chapter.

Obstruction means 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 section 106-454 of this article.

Primary surface means a surface, with a specified width as provided in section 106-453 of this article, 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 means a specified area on an airport prepared for landing and takeoff of aircraft.

Structure means 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 means 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 means any object of natural growth.

Zone means all areas provided for in section 106-453 of this article, 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 section 106-454 of this article.

(Ord. of 1-19-2000(4))

In order to carry out the provisions of this article, there are hereby established certain zones which include all of the area and airspace of the county lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Accomack County Airport, Wallops Flight Facility, and Tangier Airport. 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. These zones are as follows:

(1)

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

(2)

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

(3)

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

(4)

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 Parts 77.25 and 77.28, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.

(Ord. of 1-19-2000(4))

(a)

Except as otherwise provided in this article, in any zone created by this article 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 section 106-453 of this article at any point.

(b)

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Parts 77.25 and 77.28, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.

(Ord. of 1-19-2000(4))

(a)

Except as provided in section 106-456(b) of this article, the regulations prescribed by this article 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 article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article 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 article, and is diligently prosecuted.

(b)

Notwithstanding the provision 106-456(a), 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.

(Ord. of 1-19-2000(4))

(a)

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 article or any amendments thereto other than with relief as provided for in section 106-456(c).

(b)

Whenever the administrator determines that a nonconforming structure has been abandoned or more than 50 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 article, except with the relief as provided for in section 106-456(c).

(c)

Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this article may apply for a variance from such regulations to the board of zoning appeals. 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 article. An 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. Additionally, no application for a variance to the requirements of this article may be considered by the board of zoning appeals 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 15 days after receipt, the board of zoning appeals may act independent of the airport owner's position to grant or deny the variance.

(d)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article 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 board of zoning appeals, 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.

(Ord. of 1-19-2000(4))