This article is included in the zoning ordinance of King and Queen County pursuant to the authority conferred by Code of Virginia, tit. 15.2, ch. 11 [Code of Virginia, § 15.2-1100 et seq.], and specifically to satisfy the requirements of Code of Virginia, § 15.2-2294. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in King and Queen County 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 the airports and the public investment therein. Accordingly, it is declared:

A.

That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;

B.

That the creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airports;

C.

That King and Queen County derives economic development and enhanced interstate commerce from the West Point/Mattaponi Municipal Airport, when such airport and its surrounding vicinity are held strictly to the highest possible safety standards; and

D.

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

As used in this article, the following terms shall have the meanings respectively ascribed to them unless the context clearly requires otherwise:

A.

Airport: The West Point/Mattaponi Municipal Airport.

B.

Airport elevation: The highest point on any usable landing surface expressed in feet above mean sea level.

C.

Approach surface: A surface, longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth elsewhere in this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

D.

Approach, transitional, horizontal, and conical zones: The airspace zones as set forth in the appendix to this article.

E.

Conical surface: A surface, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

F.

Hazard to air navigation: An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the commonwealth.

G.

Height datum: For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevations unless otherwise specified.

H.

Horizontal surface: A horizontal plane, above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

I.

Preexisting obstruction: Any preexisting structure or object of natural growth which is inconsistent with the provisions of this article or any amendment to this article.

J.

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in this article.

K.

Permit: A document issued by the zoning administrator allowing a person to begin an activity which may result in any structures or vegetation exceeding the height limitations provided for in this article.

L.

Primary surface: A surface, longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

M.

Runway: A specific area on an airport prepared for landing and takeoff of aircraft.

N.

Structure: Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles, and electric lines of overhead transmission routes, flagpoles, and ship masts.

O.

Transitional surfaces: Surfaces, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

P.

Vegetation: Any object of natural growth.

Q.

Zone: All areas provided for in this article, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in appendix A to this article.

In order to carry out the provisions of this article, there are hereby established certain zones which include all of the area and airspace of King and Queen County lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to West Point/Mattaponi Municipal Airport. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in the use restrictions and nonconforming use conditions of this article. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

A.

Airport zone. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

B.

Approach zone. A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

C.

Transitional zone. A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

D.

Conical zone. A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

A.

Height limitations generally. Except as otherwise provided in this article, in any zone created by this article, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this article.

B.

Federal authority for regulations. The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in parts 77.25, 77.28, and 77.29, subordinance E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations. ^[5]

Notwithstanding any other provision of this article, and within the area below the horizontal limits of any zone established by this article, no use may be made of land or water in such a manner as to:

A.

Create electrical interference with navigational signals or radio communications between the airport and aircraft;

B.

Diminish the ability of pilots to distinguish between airport lights and other lights;

C.

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

D.

Impair visibility in the vicinity of the airport;

E.

Create the potential for bird-strike hazards; or

F.

Otherwise, in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport.

A.

Right to continue an existing legal condition or use. Unless otherwise excepted by specific language in this article, the regulations prescribed by this article shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in the article shall require any change in the construction or alteration of which was begun prior to the effective date of this ordinance and is diligently prosecuted.

B.

Authority to install safety devices. The owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to the operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

A.

Permit required. Except as provided below in this section, no structure shall be erected or otherwise established in any zone created by this article unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired and sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with this ordinance shall be granted unless a variance has been approved as provided below.

B.

Increase of nonconformity restricted. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this article or any amendments hereto.

C.

Reconstruction of a nonconforming use prohibited. Whenever the zoning administrator determines that a nonconforming structure has been abandoned, or more than 50 percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this article, except with the relief as provided in the next section below.

D.

Variance. Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this article may apply for a variance from the board of zoning appeals. Such application shall be properly advertised and reviewed and considered in a public hearing. Prior to being considered by the board of zoning appeals, the application for variance shall be accompanied by a determination from 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. Such variances shall only 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.

E.

Installation of safety devices. 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 in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator. If deemed proper through the failure of the owner of the structure or with other reasonable cause by the board of zoning appeals, this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

F.

Applications. Applications for permits and variances shall be made on forms available from the zoning administrator.

The zoning administrator shall administer and enforce the regulations prescribed in this article. He or she shall be vested with the police power incumbent to carry out and effectuate this ordinance, including the action of injunction, prosecution and other available means through the court having jurisdiction in the county.

Any person aggrieved, or any officer, department, board, or bureau of the County of King and Queen affected by a decision of the zoning administrator, may appeal such decision to the board of zoning appeals as provided elsewhere in this ordinance.