The purpose of this article is to regulate and restrict land development and the use of property in the vicinity of the Danville Regional Airport through the establishment of the Airport Overlay Zoning District. It is hereby declared that land development which constitutes an airport hazard endangers the lives and property of the users of the airport and of the occupants of land in its vicinity. It is also hereby declared that airport hazards in effect reduce the size of the area available for landing, taking-off, and maneuvering of aircraft thus tending to destroy or impair the utility of and public investment in the Danville Regional Airport. Accordingly, it is declared necessary in the interest of the public health, safety, and general welfare of the citizens of Danville, Virginia, that the prevention of hazards shall be accomplished by the application and enforcement of special regulations relative to hazards referred to in this article.

All regulations set forth in this article shall apply in addition to other regulations set forth elsewhere in this Zoning Ordinance.

(Ord. No. 2004-02.04, Art. 3.S, § A, 2-17-04)

The boundaries of the Airport Overlay Zoning District are established on the City's Official Zoning Map.

(Ord. No. 2004-02.04, Art. 3.S, § A, 2-17-04)

1.

Interference with air communication or navigational equipment or operations. No use may be made of land within the Airport Overlay Zoning District which:

(a)

Creates electrical interference with radio communications between aircraft and the airport;

(b)

Makes it difficult for flyers to distinguish between airport lights and other lights;

(c)

Results in glare in the eyes of pilots using the airport;

(d)

Emits smoke which impairs visibility of the airport; or

(e)

Otherwise endangers the landing, take-off, or maneuvering of aircraft.

2.

Height limitations: No structure, building, tower, antenna, smokestack, chimney, overhead transmission line, or any other object shall be erected, constructed, altered, or enlarged in such a manner as to create a hazard or obstruction in the Airport Overlay Zoning District. All applications for rebuilding permits, rezonings, conditional rezonings, variances, and special exception permits shall be reviewed by the Zoning Administrator to ensure compliance with this section. All such applications shall also be reviewed by the Zoning Administrator to ensure compliance with applicable regulations enforced by the Federal Aviation Administration (FAA) and the Virginia Department of Aviation. Any such application shall be so conditioned as to require the owner of the property or structure in question, at his expense, to install, operate and maintain thereon such markings and lights as may be deemed necessary by the City Council or Board of Zoning Appeals, acting with the advice and recommendation of the FAA and the manager of the Danville Regional Airport.

(Ord. No. 2004-02.04, Art. 3.S, § C, 2-17-04)

Within the Airport Overlay Zoning District, no land, building, nor any premises shall be constructed or used for any of the following uses, notwithstanding the fact that such uses may otherwise be permitted in the zoning district in which such land, building, or premises are located:

1.

Multiple-family developments exceeding forty (40) feet in height.

2.

Mobile home parks exceeding a gross density of one mobile home per eight thousand (8,000) square feet of land within the park.

3.

Public or private school or college.

4.

Theaters.

5.

Churches or other places of religious worship, including steeples and other ornamental towers, exceeding forty (40) feet in height.

6.

Hospitals.

7.

Nursing homes or group homes of any type.

8.

Recreational facilities for the assembly of more than one hundred (100) persons.

9.

Shopping center exceeding one hundred fifty thousand (150,000) gross square feet or exceeding forty (40) feet in height.

10.

Hotels and motels exceeding forty (40) feet in height.

11.

Erection of any building, or structure on land located within a Federal or locally designated Runway Protection Zone.

(Ord. No. 2004-02.04, Art. 3.S, § D, 2-17-04; Ord. No. 2005-10.05, 10-4-05)