The location of the DeKalb Peachtree Airport proximate to the City of Doraville necessitates restriction on the height of structures and trees and establishment of certain use restrictions within the airport's instrument approach and transitional zones.

In addition to definitions previously included as part of this article, the following definitions are provided to clarify provisions relating to airport zones.

(1)

Airport: The DeKalb Peachtree Airport.

(2)

Airport hazard: Any structure, tree or use of land which obstructs the air space required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.

(3)

Height: For the purpose of determining the height limits in all districts set forth in this article and shown on the official zoning map, the datum shall be mean sea level elevation.

(4)

Nonconforming vegetation means any pre-existing vegetation, shrub, tree, or natural growth which is inconsistent with the provisions of this article.

(5)

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

(6)

Tree means any object of natural growth.

In order to carry out the provisions of this article, there are hereby created and established two (2) special districts which include all of the land lying within the instrument approach zone and transitional zone to the airport as shown on the airport master plan. These districts are represented on the official zoning map.

Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in either of the districts created by this article, to a height in excess of the height limit shown on the official zoning map. For any structure or tree constructed or planted between the height limit lines as shown on the official zoning map, the limitations of the height can be determined by taking the ratio of the horizontal distance perpendicular to the lowest height limit line to the closest point on the structure or tree divided by the total horizontal distance between the height limitation lines times ten (10); that will equal the height above the lowest height limitation line that the structure or tree can be erected or allowed to grow.

Nothing in this article 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.

Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

Notwithstanding any other provisions of this article, no use may be made of any land within either district established by this article in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for piloted aircraft to distinguish between airport lights and other lighting, result in glare in the eyes of pilots using the airport, landing, taking off, or maneuvering of aircraft.

The regulations prescribed by this article 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 article, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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.

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 building inspector 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 airport.

Future uses: Except as specifically provided in this section, 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 either district 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 and applicant has complied with all other applicable laws of the City of Doraville, the permit shall be granted.

(1)

In the areas lying within the limits of the instrument approach zone district, no permit shall be required for any tree or structure which would be less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed.

(2)

In the areas lying within the limits of the transition zone district, 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.

Except as provided herein, 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 article.

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 or become higher, or become a greater hazard to air navigation than it was on the effective date of this article or any amendments thereto or than it is when the application for a permit is made.

Nonconforming uses abandoned or destroyed: Whenever the building official determines that a nonconforming structure or tree has been abandoned or more than eighty (80) percent destroyed, 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.

Hazard marking and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the airport at its' own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.