The following is an expansion of the statement of community development objectives contained in Article I of this chapter. In addition, the intent of this district is to regulate and restrict the height of structures and objects of natural growth, and otherwise regulate the use of property in the vicinity of Butter Valley Golf Port.

It is hereby found that an obstruction has the potential for endangering the lives and property of users of Butter Valley Golf Port, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Butter Valley Golf Port; 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 Butter Valley Golf Port and public investment therein. Accordingly, it is declared:

It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the making and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

Utility runway visual approach surface zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and its 250 feet wide. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Utility runway nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway larger than utility visual approach surface zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach surface zone. Established beneath the nonprecision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Precision instrument runway approach surface zone. Established beneath the precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Transitional surface zone. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on Figures 1, 2, and 3.

Horizontal surface zone. Established beneath the horizontal surface 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 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 surface zone does not include the approach surface and transitional surface zones.

Conical surface zone. Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of 4,000 feet.

Utility runway visual approach surface zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extended to a horizontal distance of 5,000 feet along the extended runway center line.

Utility runway nonprecision instrument approach surface zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extended runway center line.

Runway larger than utility visual approach surface zone. Slopes 20 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 5,000 feet along the extended runway center line.

Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface 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 10,000 feet along the extended runway center line.

Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach surface 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 10,000 feet along the extended runway center line.

Precision instrument runway approach surface zone. Slopes 50 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 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.

Transitional surface zones. Slopes seven 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 500 feet above mean sea level for Butter Valley Golf Port Airport and 280 feet above mean sea level for New Hanover Airport. In addition to the foregoing, when an airport has a precision instrument runway approach zone, there are established height limits sloped seven feet outward for each foot upward beginning at the sides of and at the same elevations as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90° angles to the extended runway center line.

Horizontal surface zone. Established at 150 feet above the established airport elevation or at a height of 650 feet above mean sea level for Butter Valley Golf Port.

Conical surface zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height to 350 feet above the established airport elevation.

Expected height limitations. Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to the maximum height permitted by this chapter for the principal use. The Board of Supervisors may grant additional height as allowed by the applicable zoning district after consideration of the Airport Hazard Area.

Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other change 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, except as provide in § 265-202 (relating to permits and variances). Nothing contained herein shall required 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 executed.

Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Township Zoning Officer to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of Douglass Township.

Future uses. Except as specifically provided in § 265-203A(1), (2) or (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted 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 particular 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. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved.

Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or replanted, a permit must be secured from the Township authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation then 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 Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 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 this article.

Variance. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of the airport zoning regulations may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this article. Variances may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purpose of this article. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of this article may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the airport manager (or person of equivalent description) for advice as to the aeronautical effect of the variance. If the airport manager (or person of equivalent description) does not respond to the application within 15 days after the receipt, the Zoning Hearing Board may act without such input to grant or deny said application.

Hazard marking and lighting. In granting any permit or variances under this section, the Zoning Hearing Board shall, if it deems the action advisable to effectuate the purpose of this article and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the Township, at its own expense, or require the person or persons requesting the permit or variance, to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA.