This article is adopted pursuant to the authority conferred by Code of Virginia, §§ 15.2-2200—15.2-2316. It is found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in the county, 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 in airports. Accordingly, it is declared that:

(1)

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;

(2)

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)

The county derives economic development and enhanced interstate commerce from the Farmville Municipal Airport that are held strictly to the highest possible safety standards; and

(4)

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(Code 1990, § 14-91; Ord. of 11-13-1996)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the official charged with the enforcement of this article.

Airport means the Farmville Municipal Airport.

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

Approach surface means a surface, whose design standards are referenced in section 74-864, 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 74-865. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal and conical zones means the airspace zones as set forth in section 74-864.

Conical surface means a surface, whose design standards are referenced in section 74-864, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

Hazard to air navigation means an obstruction determined by the state 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 section 74-865 and shown on the zoning map, the datum at mean sea level (M.S.L.) elevation unless otherwise specified.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, whose design standards are referenced in section 74-864, 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 article or any amendment to this article.

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 74-865.

Permit means a document issued by the county allowing a person to begin an activity which may result in any structures or vegetations exceeding the height limitations provided for in this article.

Person means any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term "person" includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Primary surface means a surface whose design standards are referenced in section 74-864 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, flagpoles, and ship masts.

Transitional surfaces means surfaces whose design standards are referenced in section 74-864 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 74-864, 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 74-865.

(Code 1990, § 14-93; Ord. of 11-13-1996)

Cross reference— Definitions generally, § 1-2.

The official charged with the enforcement of this article shall be the zoning administrator of the county.

(Code 1990, § 14-93(1); Ord. of 11-13-1996)

(a)

In order to carry out the provisions of this article, there are 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 Farmville Municipal 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 74-865 and 74-866. 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:

(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.

(b)

The source of the specific geometric standards for the zones specified in subsection (a) of this section are to be found in 14 CFR 77.25, 77.28 and 77.29, subchapter E (Airspace), or in successor federal regulations. A copy of these standards is found in the appendix of the ordinance from which this section is derived.

(Code 1990, § 14-94; Ord. of 11-13-1996)

(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 74-864 at any point.

(b)

The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in 14 CFR 77.25, 77.28 and 77.29, subchapter E (Airspace), or in successor federal regulations. A copy of these standards is found in the appendix of the ordinance from which this section is derived.

(Code 1990, § 14-95; Ord. of 11-13-1996)

Notwithstanding any other provision of this article, and within the area below the horizontal limits of any zone established by this article, 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.

(Code 1990, § 14-96; Ord. of 11-13-1996)

(a)

Except as provided in subsection (b) of this section and section 74-868(b), 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 October 9, 1996, 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 October 9, 1996, and is diligently prosecuted.

(b)

Notwithstanding the provisions of subsection (a) of this section, the owner of any existing nonconforming structure or vegetation is required to permit the installation, operation and maintenance of whatever markers and lights are deemed necessary by the Federal Aviation Administration, the state 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.

(Code 1990, § 14-97; Ord. of 11-13-1996)

(a)

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

(b)

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 October 9, 1996, or any amendments to this article other than with relief as provided for in subsection (d) of this section.

(c)

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 subsection (d) of this section.

(d)

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. Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the board of zoning appeals, the application for variance shall be accompanied by a determination from the state 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 article. 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.

(e)

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 state 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.

(Code 1990, § 14-98; Ord. of 11-13-1996)

The Administrator shall administer and enforce the regulations prescribed in this article. He shall be vested with the police power incumbent to carry out and effectuate this article, including the action of injunction, prosecution and other available means through the circuit court. Applications for permits and variances shall be made to the Administrator on a form published for that purpose.

(Code 1990, § 14-99; Ord. of 11-13-1996)

Any person aggrieved, or any officer, department, board or bureau of the County affected by a decision of the administrator may appeal such decision to the Board of Zoning Appeals.

(Code 1990, § 14-100; Ord. of 11-13-1996)

Any person aggrieved or any taxpayer adversely affected by any decision of the Board of Zoning Appeals may appeal to the circuit court within thirty (30) days of the Board of Zoning Appeals' decision.

(Code 1990, § 14-100(A); Ord. of 11-13-1996)

Each violation of this article or of any regulation, order or ruling promulgated under this article shall constitute a class 3 misdemeanor. Each day on which a violation occurs shall constitute a separate offense.

(Code 1990, § 14-101; Ord. of 11-13-1996)

Where there exists a conflict between any of the regulations or limitations prescribed in this article 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.

(Code 1990, § 14-102; Ord. of 11-13-1996)