28-1

General regulations. The following general regulations shall apply to all airports encompassed by the area of this Ordinance.

(a)

Flight zones. All land within the boundaries of Daniel Field and within two (2) miles of the landing area of the airports within Augusta, Georgia, are hereby divided into Airport Approach Zones and Airport Turning Zones. The inner-area of the Airport Approach Zones are shown on the Airport Approach Standards Maps by reference made a part hereof. The turning zones and the outer-area of the Airport Approach Zones are that area within two (2) miles of the boundaries of the landing area and the inner-area of the Airport Approach Zones. The Airport Approach Standards Maps may be revised or replaced from time to time to correspond with zone restrictions and approach standards, as required by the Airport Manager and/or the Civil Aeronautic Authority.

(b)

Height limits. Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or maintained in any Airport Approach Zone or Airport Turning Zone to a height in excess of the height limit herein established for such zone. For the purpose of this regulation, the following height limits are hereby established for each of the zones in question:

(1)

Inner-area airport approach zones - as shown on Airport Approach Standards Maps.

(2)

Outer-area airport approach zones - one hundred and fifty (150) feet above the elevation of the boundaries of the airport landing area.

(3)

Turning zones - one hundred and fifty (150) feet above the boundaries of the airport landing area.

(c)

Use restrictions. Not withstanding any other provisions of this Ordinance, no use may be made of land within any Airport Approach Zone or Airport Turning Zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for fliers to distinguish between airport lights and others, result in glare in the eyes of fliers using the airport, or otherwise endanger the landing, takeoff, or maneuvering of aircraft.

(d)

Hazard marking and lighting. Variances from this Ordinance granted by the Board of Zoning Appeals may be so conditioned as to require the owner of the structure or tree in question to permit the Augusta, Georgia Commission, to install, operate, and maintain thereon such markers and lights as may be deemed necessary to indicate to fliers the presence of the airport hazard.

(e)

Future airports. The provisions of this Ordinance shall apply to future airports located within the area encompassed by this Ordinance.

(f)

If in conflict with these regulations, the provisions of CFR 49 Part 77 shall govern the maximum height of obstacles to aviation in Augusta.

28-2

Bush Field airport regulations:

(a)

Definitions. As used in this portion of the Ordinance, unless the content otherwise requires, the following definitions shall be used:

(1)

Airport Elevation means the established elevation of the highest point on the usable landing area.

(2)

Airport Hazard means any structure, tree, or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking-off at the airport.

(3)

Airport Reference Point means the point established as the approximate geographic center of the airport landing area and so designated.

(4)

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.

(5)

Instrument Runway means a runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

(6)

Landing Area means the area of the airport used for the landing, takeoff, or taxing of aircraft.

(7)

Nonconforming Use means any structure, tree, or use of land which is lawfully in existence at the time the regulations are prescribed in this Ordinance or an amendment thereto becomes effective and does not then meet the requirements of said regulations.

(8)

Non-instrument Runway means a runway other than an instrument runway.

(9)

Person means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

(10)

Runway means the paved surface of an airport landing strip.

(11)

Structure means an object constructed or installed by man, including, but without limitation, buildings, towers, smoke- stacks, and overhead transmission lines.

(12)

Tree means any object of natural growth.

(b)

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 within the Instrument Approach Zones, Non-instrument Approach Zones, Transition Zones, Horizontal Zone, and Conical Zone. Such areas and zones are shown on the Bush Field Airport Zoning Map consisting of one sheet prepared by the Augusta-Richmond County Planning Commission and dated March 8, 1982, which is attached to this Ordinance and made a part hereof. The various zones are hereby established and defined as follows:

(1)

Instrument Approach Zone- An Instrument Approach Zone is established at each end of the instrument runway for instrument landings and takeoffs. The Instrument Approach Zone shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(2)

Non-instrument Approach Zone- A Non-instrument Approach Zone is established at each end of all non-instrument runways on Bush Field Airport for non-instrument landings and takeoffs. The Non-instrument Approach Zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of fifteen hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(3)

Transition Zones- Transition Zones are hereby established adjacent to each instrument and non-instrument runway and approach zone as indicated on the Zoning Map. Transition Zones, symmetrically located on either side of runways, have variable widths as shown on the Zoning Map. Transition Zones extend outward from a line two hundred fifty (250) feet on either side of the centerline of the non-instrument runway; for the length of such runway plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the centerline of the instrument runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway centerlines. The Transition Zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the Horizontal Zone. Further, Transition Zones are established adjacent to both Instrument and Non-instrument Approach Zones for the entire length of the Approach Zones. These Transition Zones have variable widths, as shown on the Zoning Map. Such Transition Zones flare symmetrically with either side of the Runway Approach Zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the Horizontal and Conical Zones. Additionally, Transition Zones are established adjacent to the Instrument Approach Zone where it projects through and beyond the limits of the Conical Zone, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the Instrument Approach Zones at right angles to the continuation of the centerline of the runway.

(4)

Horizontal Zone - A Horizontal Zone is hereby established by swinging arcs of ten thousand (10,000) feet radii 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 Instrument and Non-instrument Approach and Transitional Zones.

(5)

Conical Zone - A Conical Zone is hereby established commencing at the periphery of the Horizontal Zone and extending outward and upward from the periphery of the Horizontal Zone surface at a slope of twenty to one (20:1) for a Horizontal Zone distance of four thousand (4,000) feet. The Conical Zone does not include the Instrument and Non-instrument Approach and Transition Zones.

(c)

Height limitations. Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are computed from the established airport elevation and are hereby established for:

(1)

Instrument Approach Zone- One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the elevation of the end of the instrument runway and extending to a horizontal distance of ten thousand (10,000) feet; thence, one (1) foot for each forty (40) feet for an additional horizontal distance of forty thousand (40,000) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(2)

Non-instrument Approach Zones- One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the elevation of the end of the non-instrument runway and extending to a point five thousand (5,000) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(3)

Transition Zones- One (1) foot in height for each seven (7) feet in horizontal distance beginning at a point two hundred fifty (250) feet normal to and at the elevation of the centerline of non-instrument runways extending two hundred (200) feet beyond each end thereof, and five hundred (500) feet normal to and at the elevation of the centerline of the instrument runway extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation which is 145.14 feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the Instrument Approach Zone projects through and beyond the Conical Zone, a height limit of one foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the Instrument Approach Zone and extending a distance of five thousand (5,000) feet from the edge of the Instrument Approach Zone measured normal to the centerline of the runway extended.

(4)

Horizontal Zone- One hundred and fifty (150) feet above the airport elevation or a height of 295.14 feet above mean sea level except where the existing elevation is greater than 245.14 feet above mean sea level, in which case the horizontal zone shall equal the existing ground elevation plus fifty (50) feet.

(5)

Conical Zone- One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 495.14 feet above the airport elevation. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. Nothing in this Ordinance shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to twenty (20) feet above the surface of the land.

(d)

Use restrictions. Notwithstanding any other provisions of this Ordinance, no use may be made of land within any zone established by this Ordinance in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for fliers to distinguish between airport lights and others, result in glare in the eyes of fliers using the airport, impair visibility or otherwise endanger the landing, takeoff or maneuvering of aircraft.

(e)

Nonconforming uses.

(1)

Regulations not retroactive. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance or otherwise interfere with the continuation of any nonconforming use.

(2)

Marking and lighting. Notwithstanding the preceding provision of this Section, the owner of any 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 Federal Aviation Administration to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Augusta, Georgia Commission.

(f)

Permits:

(1)

Future uses- except as specifically provided in the paragraph whereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined 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. 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 (75) feet of vertical height above the ground, except when, because terrain, land contour, or topographic features such tree or structure would extend above the height limits prescribed for such zone.

In the areas lying within the limits of the instrument and non-instrument approach zones but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five (75) 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 instrument or non-instrument approach zone.

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 (75) 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, alteration, or growth of any structure or 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 airport hazard or permit a nonconforming use, structure, or tree to be made higher or 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 applications for such a permit shall be granted.

(3)

Nonconforming uses abandoned or destroyed. When ever the Chief Building Official determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(4)

Hazard marking and lights. 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 permit the Augusta Commission, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard.

Amended February 5, 2013 - Section 1(f)