The purpose of this district is to regulate and restrict the height of structures and landscape materials, with the exception of trees already in existence and not in an approach zone, and to otherwise regulate the use of property in the vicinity of existing public airports in order that hazards to air navigation be prevented and the public investment in air navigation facilities may be protected. This district shall be applicable to approach and safety zones in the proximity of such airports.

All uses permitted by right and with an approved special use permit in the Airport Overlay District shall be as established by the underlying zoning district except as restricted by the requirements set forth in this article.

Any building or use which is designed to be regularly occupied by more than three hundred (300) persons shall not be built under an approach zone unless a special use permit has been approved by the Board of Zoning Appeals.

No structure shall be erected, altered, or maintained, and no vegetation, with the exception of trees already in existence and not in an approach zone, shall be allowed to grow at a height so as to penetrate any surface described by this article in the vicinity of Blue Ridge Airport unless and until a special use permit has been issued by the Board of Zoning Appeals.

A.

Horizontal surface. A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging an arc of ten thousand (10,000) feet radius from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs.

B.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of four thousand (4,000) feet.

C.

Primary surface. A surface longitudinally centered on the runway and extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is five hundred (500) feet.

D.

Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway as follows:

1.

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

i.

1,250 feet for the northwesterly end.

ii.

3,500 feet for the southeasterly end.

2.

The approach surface extends for a horizontal distance of:

i.

5,000 feet for a slope of 20 to 1 for the northwesterly end.

ii.

10,000 feet at a slope of 34 to 1 for the southeasterly end.

E.

Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the approach surface which project through and beyond the limits of the conical surface extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

Any application for a special use permit under the provisions of this article to the provisions of this section shall include a determination by the Virginia 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. The applicant shall be responsible for obtaining the determination from the Virginia Department of Aviation. The Virginia Department of Aviation shall have sixty (60) days from the receipt of a request for determination to make the determination, and if none is given then the applicant shall be exempt from the requirements of this paragraph. The Zoning Administrator shall notify the Virginia Department of Aviation and the Blue Ridge Airport Authority, and provide them with other information as may be appropriate, in the same manner as adjoining property owners are notified.