8D-1-1 Intent:

This Ordinance is established for the purpose of 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 Culpeper Regional Airport 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 for the purpose of providing for the safety of airport users and those residing in the vicinity of the airport.

8D-1-2 Findings of Fact:

The Ordinance is adopted pursuant to the authority conferred by Chapter 22 of Title 15.2, and specifically to satisfy the requirements of § 15.2-2294 of the Code of Virginia, 1950, as may be amended from time to time. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airport and residents in the County of Culpeper; 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 airport and the public investment therein. Accordingly, it is declared:

8D-1-2.1 That it 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;

8D-1-2.2 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; and

8D-1-2.3 That the County of Culpeper derives economic development and enhanced interstate commerce from the Culpeper Regional Airport when such airport and its surrounding vicinity is held strictly to the highest possible safety standards.

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

8D-2-1 Administrator:

The official charged with the enforcement of this Ordinance. He or she shall be the zoning administrator.

8D-2-2. Airport:

The Culpeper Regional Airport (T.I. Martin Airfield).

8D-2-3 Airport elevation:

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

8D-2-4 Approach surface:

A surface, whose design standards are referenced in section 3 of this Article, 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.

8D-2-5 Approach, transitional, horizontal, and conical zones:

The airspace zones as set forth in section 3 of this Article.

8D-2-6 Conical surface:

A surface, whose design standards are referenced in section 3 of this Article, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

8D-2-7 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.

8D-2-8 Height:

For the purpose of determining the height limits in all zones set forth in section 4 of this Article and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.

8D-2-9 Horizontal surface:

A horizontal plane, whose design standards are referenced in section 3 of this Article, above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

8D-2-10 Nonconforming use:

Any pre-existing structure or object of natural growth which is inconsistent with the provisions of this Ordinance or any amendment to this Ordinance.

8D-2-11 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 section 4 of this Ordinance.

8D-2-12 Permit:

A document issued by the County of Culpeper allowing a person to begin an activity which may result in any structures or vegetation exceeding the height limitations provided for in this Ordinance.

8D-2-13 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.

8D-2-14 Primary surface:

A surface, whose design standards are referenced in section 3 of this Article, 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.

8D-2-15 Runway:

A specified area on an airport prepared for landing and takeoff of aircraft.

8D-2-16 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, flagpoles, and ship masts.

8D-2-17 Transitional surfaces:

Surfaces, whose design standards are referenced in section 3 of this Article, 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.

8D-2-18 Vegetation:

Any object of natural growth.

8D-2-19 Zone:

All areas provided for in section 3 of this Article, generally described in three (3) 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.

8D-3-1 Establishment of 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 of the County of Culpeper lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Culpeper Regional 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 except as provided for in sections 4 and 5 of this Article. 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:

8D-3-1.1 Approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.

8D-3-1.2 Transitional zone: Slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 313 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

8D-3-1.3 Horizontal zone: Established at 150 feet above the airport elevation or at a height of 463 feet above mean sea level.

8D-3-1.4 Conical zone: Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

8D-3-2 Source and design standards:

The source and the specific geometric design standards for these zones are depicted on the Culpeper Regional Airport Airspace Protection Zone (Part 77 Surface dated May 15, 1995 which is attached as an exhibit to this Ordinance and incorporated in this Ordinance by reference and attachment. Said map is based upon the standards required by Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations.

8D-4-1 Nothing to exceed height restrictions:

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, also known as the floor, of any zone provided for in section 3 of this Article at any point.

8D-4-2 Surface planes as height restrictions:

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in the Culpeper Regional Airport Airspace Protection Zone (Part 77 Surface). This Article shall be amended from time to time if such amendment is necessitated by successor federal regulations.

8D-4-3 Notice of proposed construction or alteration:

The Federal Aviation Administration requires notice of certain proposed construction or alteration, as prescribed in Part 77, section 77.13 of Title 14 of the Code of Federal Regulations. No construction of towers, mono-poles, or other similarly tall structures that would violate the zones of this Ordinance shall commence within twenty thousand (20,000) feet of the runway until FAA Form 7460-1 has been completed and reviewed by the FAA.

8D-5-1 Restrictions:

Notwithstanding any other provision of this Article, 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:

8D-5-1.1 Create electrical interference with navigational signals or radio communication between the airport and aircraft;

8D-5-1.2 Diminish the ability of pilots to distinguish between airport lights and other lights;

8D-5-1.3 Result in glare in the eyes of pilots using the airport;

8D-5-1.4 Impair visibility in the vicinity of the airport;

8D-5-1.5 Create the potential for bird strike hazards; or 8D-5-1.6 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.

8D-6-1 Exceptions:

Except as provided in sections 8D-6-2 and 8D-7-2 of this Article, 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 be construed to require the relocation of any nonconforming state maintained road. 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.

8D-6-2 Markers and lights:

Notwithstanding the provisions of section 8D-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.

8D-7-1 Permits required:

Except as provided in sections 8D-7-1, 8D-7-2, and 8D-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 it is desired and provide 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 section 8D-7-4.

8D-7-2 Permits not granted for hazardous construction:

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 section 8D-7-4.

8D-7-3 Restoration of damaged buildings:

Whenever the administrator determines that a non-conforming structure has been abandoned or more than seventy-five percent (75%) 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 Article 12-1-4 of the Zoning Ordinance.

8D-7-4 Variances:

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 Board of zoning appeals. Prior to being considered by the Board of zoning appeals the application for variance shall be accompanied by a determination from the Virginia Department of Aviation and the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. The Board of zoning appeals shall be required to act on any application for a variance within one hundred twenty (120) days of the receipt of such application, regardless of whether or not state and federal determinations have been received.

8D-7-5 Variance conditions:

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, Virginia Department of Aviation, or the Administrator.

8D-7-6 Application forms:

Applications for permits and variances shall be made on forms available from the Administrator, with such forms allowing for enough specific detail such that proper analysis can be given the request.

8D-7-7 No variance required for certain uses:

No variance shall be required for any construction or alteration which is adjacent to and shadowed by an existing nonconforming use, which shall be no higher than the existing adjacent nonconforming use. The zoning administrator shall determine whether a proposed use meets the requirements of this section and is thereby exempt from the requirement for a variance. The zoning administrator's determination shall be made in writing and shall be appealable to the Board of zoning appeals in accordance with the applicable provisions of the Virginia Code. In making such determination, the zoning administrator shall consult with the Federal Aviation Administration and with the Virginia Department of Aviation. For the purpose of this Article, "shadowed" shall mean that at some point during the day, during any part of the year, the proposed new construction shall fall within the shadow of the existing structures or vegetation.

8D-7-8 Exceptions:

Because of existing ground elevations in relation to the elevation of the Airport, and because of location outside of the approach and transitional surfaces, the high ground portions of the following parcels of land, and subsequent subdivisions thereof, shall be exempt from the height restrictions of this Article. For the purpose of this Article, "high ground" shall be defined as that area where the existing ground elevation of such parcels as shown on the Brandy Station, Virginia U.S.G.S. Topographical Map is greater than four hundred (400) M.S.L. Instead, these parcels shall be subject only to those height restrictions imposed by the underlying zoning and proffers, if any.

Culpeper County Tax Map Parcels:

Editor's note— An ordinance adopted Aug. 1, 2006, repealed §§ 8D-8 and 8D-9, which pertained to enforcement and appeals, and derived from the original zoning ordinance adopted on Dec. 5, 1967.

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 of vegetation and the use of land, or any other matter, the more stringent limitation or requirement shall govern.

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.