Purpose. It is hereby found:

Definitions. The following terms whenever used in this article shall have the meanings as set forth below. Any such terms used in the singular shall be held to include the plural. Any such terms or any other terms not defined in this section used in the masculine shall be held to include the feminine.

Established. In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the Approach Transitional, Horizontal and Conical Surfaces as they apply to Fulton County Airport. Such zones are shown on the Official Zoning Map of the Town of Johnstown.

An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

Utility Runway Visual and Nonprecision Approach Zone: (Runway 10-28). Slopes 20 feet outward for each foot upward (20:1) 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.

Transitional zones. Slopes seven feet outward for each foot upward (7:1) 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 of 1,027 above MSL.

Horizontal Zone. Established at 150 feet above airport elevation or at 1,027.

Conical Zone: Slopes 20 feet outward for each foot upward (20:1) for 4,000 feet beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

Conflicting standards. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

Height. Except as otherwise provided in this article, no structure or object of natural growth shall be erected, altered, or allowed to grow, or be maintained in any zone created by this article to a height in excess of the applicable height limit herein established for such zone.

Interference. Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such manner as to create electrical interference of navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering, or other changes to 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 a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction of alteration of which was begun prior to the effective date of this article, and is diligently prosecuted.

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 of such markers and lights as shall be deemed necessary by the County of Fulton 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 the airport operator.

Nonconforming structures abandoned or destroyed. Whenever the Code Enforcement Officer determines that a nonconforming structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit for reconstruction shall be granted that would allow such structure to exceed the applicable height limits or otherwise deviate from these zoning regulations. A nonconforming structure that is abandoned or more than 80% deteriorated shall be torn down within one year of the Code Enforcement Officer's determination, unless a permit for reconstruction is applied for within said year. A nonconforming tree that is more than 80% deteriorated or decayed shall be removed by the landowner or the airport operator, either case, at the landowner's option and expense, within one month of written notice of such action.

Future uses. Except as specifically provided in Subsection A(1) through (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 has been duly granted pursuant to this article. An application for a permit shall provide details sufficient to determine 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 in accordance with Subsection C, below.

Existing uses. 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 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. Except as indicated, all applications for such a permit shall be granted.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this article, may apply to the Town Zoning Board of Appeals (ZBA), for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration 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 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 variance to the requirements of this article may be considered by the ZBA 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 ZBA may act on its own to grant or deny said application.

Obstruction marking and lighting. 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 or tree in question to install, operate, and maintain, at the owner's expanse, such markings and lights as may be necessary. If deemed proper by ZBA, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights.