(a)

This chapter establishes standards that apply to the development, use, or alteration of land, buildings and structures within the boundaries of a special zoning district.

(b)

The zoning district regulations of this chapter contain additional standards and procedures that are supplemental to all other regulations and requirements of the UDO. Should the requirements of these special district standards and procedures conflict with standards of other requirements of the UDO, the requirements of the special district shall apply.

(1)

The provisions of the special districts shall apply to all parcels of land and rights-of-way within the boundaries of the special zoning districts.

(2)

The provisions of the special districts shall apply to all applications for land disturbance permits, plan review, plat approval, sign permits, and building permits for all property within the respective special zoning district boundaries, unless expressly exempted.

(3)

All special zoning districts identified as "overlays" shall also require conformance with the approved underlying zoning district regulations.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

This section shall be known and may be cited as LaGrange-Callaway Airport Zoning Ordinance. The description of airport zones is comprehensive for the LaGrange-Callaway Airport airspace requirements, but enforcement of this section applies only to the incorporated areas of the city. The existing zoning map and underlying zoning regulations governing all properties within the airport special zoning district shall remain in full force and effect. The regulations contained within this section constitute an overlay district that shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this section shall apply.

(b)

Authority; findings; policy.

(1)

This section is adopted pursuant to the authority conferred by Article 9, section 2, paragraph 4 of the Constitution of the State. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the LaGrange-Callaway Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of LaGrange-Callaway Airport; 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 LaGrange-Callaway Airport and the public investment therein. Accordingly, it is declared:

a.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by LaGrange-Callaway Airport;

b.

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

c.

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power.

(2)

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; and the marking 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.

(c)

Conflicting laws and regulations. If a conflict shall exist between the provisions of this section and any law of the state or any federal law, or any rules or regulations of either, legally adopted and in force, then the more stringent limitation or requirement shall govern and prevail.

(d)

Enforcement. It shall be the duty of the director to administer and enforce the regulations prescribed in this section. Applications for permits and variances shall be made to the director upon a form published for that purpose. Applications required by this section to be submitted to the director shall be promptly considered and granted or denied. Application for action by the board of zoning appeals shall be forthwith transmitted by the director.

(e)

Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain overlay zones which include all of the land lying beneath the approach surfaces, departure surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the LaGrange-Callaway Airport. Such zones are shown on the LaGrange-Callaway Airport Zoning Map consisting of one (1) sheet, prepared by the Troup County Planning Commission and dated January, 1979, and updated January, 2019 consisting of three (3) sheets, which is, by this reference, made a part of this section. An area located in more than one (1) 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:

(1)

Runway larger than utility visual approach zone. The inner edge of this approach zone coincides with the width of the primary outward uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the runway.

(2)

Runway larger than utility with a visibility minimum greater than three-fourths (¾) mile non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Runway larger than utility with a visible minimum as low as three-fourths (¾) miles non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of four thousand (4,000) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(4)

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(5)

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

(6)

Horizontal zone. The horizontal zone is established by swinging arcs of ten thousand (10,000) 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 zone does not include the approach and transitional zones.

(7)

Heliport approach zone. The inner edge of this approach zone coincides with the width of the primary surface which corresponds in size and shape with the designated takeoff and landing area. The approach zone expands outward uniformly to a width of five hundred (500) feet at a horizontal distance of four thousand (4,000) feet from the primary surface.

(8)

Heliport transitional zones. These zones extend outward from the sides of the primary surface and the heliport approach zones a horizontal distance of two hundred fifty (250) feet from the primary surface centerline and the heliport approach zone centerline.

(9)

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet.

(10)

Departure zone. A trapezoidal zone longitudinally centered on the extended runway centerline, one thousand (1,000) feet wide extending outward, and away from the stop end of runway for a distance of ten thousand two hundred (10,200) feet to a width of six thousand four hundred sixty-six (6,466) feet.

(11)

Notification zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of three (3) miles.

(f)

Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limitations which are hereby established for each of the zones in question as follows:

(1)

Runway larger than utility visual approach zone. Slopes twenty (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 five thousand (5,000) feet along the extended runway centerline.

(2)

Runway larger than utility with a visibility minimum greater than three-fourths (¾) mile non-precision instrument approach zone. Slopes thirty-four (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 ten thousand (10,000) feet along the extended runway centerline.

(3)

Runway larger than utility with a visible minimum as low as three-fourths (¾) miles non-precision instrument approach zone. Slopes thirty-four (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 ten thousand (10,000) feet along the extended runway centerline.

(4)

Precision instrument runway approach zone. Slopes fifty (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 ten thousand (10,000) feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerline.

(5)

Transitional zones. Slopes seven (7) feet outward for each foot upward beginning at the side of and at the same elevation as the primary surface and the approach surface and extending to a height of one hundred fifty (150) feet above the airport elevation which is 693.40 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation 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 (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending as a horizontal distance of five thousand (5,000) feet measured at 90-degree angles to the extended runway centerline.

(6)

Horizontal zone. Established at one hundred fifty (150) feet above the airport elevation or at a height of 843.40 feet above mean sea level.

(7)

Conical zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and a one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.

(8)

Heliport approach zone. Slopes eight (8) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of four thousand (4,000) feet along the heliport approach zone centerline.

(9)

Departure zone. Slopes forty (40) feet outward for each foot upward beginning at the stop end of runway or clearway, for a distance ten thousand two hundred (10,200) feet, to a height of two hundred fifty-five (255) feet above the runway end elevation.

(g)

Use restrictions.

(1)

Generally. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, 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.

(2)

Prohibited uses. All structures and trees are prohibited in the runway protection zone defined as the first one thousand seven hundred (1,700) foot segment of the approach zone beginning at the end of the primary surface for Runway 13-31 and the first one thousand (1,000) foot segment of the approach zone beginning at the end of the primary surface for Runway 3-21.

(h)

Nonconforming uses.

(1)

Regulations not retroactive. The regulations prescribed by this section 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 February 5, 2019, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to February 5, 2019 and is diligently prosecuted. Additionally, nothing contained herein shall prohibit construction of additions or additional floors to existing buildings provided that any such buildings were in use on February 5, 2019, the additions were contemplated and designated at the time of the original construction, and that additional costs were incurred at the time of the original construction to allow for those future additions or additional floors.

(2)

Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any existing or extended 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 Troup County 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 authority.

(i)

Permits.

(1)

Future uses. Except as specifically provided in paragraphs (i), (ii) and (iii) of this subsection, 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 created in this section unless a permit therefor shall have been applied for and granted by the director. 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, the permit shall be granted. All structures and trees within the notification zone shall seek airspace approval by the airport manager or the FAA. Structures and trees outside of this zone shall seek airspace approval if required by federal regulations. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with subsection (4) of this section, using the following criteria:

a.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree would extend above the height limits prescribed for such zones.

b.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree less than seventy-five (75) feet of vertical height above the ground, except when such tree would extend above the height limit prescribed for such approach zones.

c.

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree less than seventy-five (75) feet of vertical height above the ground, except when such tree, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree, in excess of any of the height limits established by this section.

(2)

Existing uses. Except as provided in section 25B-10-2(h)(1), 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 February 5, 2019, 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.

(3)

Nonconforming uses abandoned or destroyed. Whenever the director determines that a nonconforming tree or structure has been abandoned or more than eighty (80) percent 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 the zoning regulations.

(4)

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 section, may apply to the board of planning and zoning appeals 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 may be allowed where it is found that a literal application or enforcement of the regulations will result in unnecessary hardship, 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 section. Additionally, no application for variance to the requirements of this section may be considered by the board of zoning appeals unless a copy of the application has been furnished to the Troup County for advice as to the aeronautical effects of the variance. If the Troup County does not respond to the application within sixty (60) days after receipt, the board of planning and zoning appeals may act on its own to grant or deny said application.

(5)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section 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 expense, such markings and lights as may be necessary. If deemed proper by the board of planning and zoning appeals, this condition may be modified to require the owner to permit the Troup County, at its own expense to install, operate, and maintain the necessary markings and lights.

(Ord. No. 21-10, § 1, 6-22-21)

(a)

Purpose and intent. The PUD, planned unit development special district is intended to permit the planning and development of parcels of land that are suitable in location and character for the uses proposed as unified and integrated developments in accordance with detailed development plans. The existing zoning map and underlying zoning regulations governing all properties within the planned unit development special zoning district shall remain in full force and effect. The regulations contained within this section constitute an overlay district that shall be overlaid upon, and shall be imposed in addition to, said existing zoning regulations. Except where it is otherwise explicitly provided, whenever the following overlay regulations are at variance with said existing underlying zoning regulations, the regulations of this section shall apply. The PUD district is intended to provide a means of accomplishing the following specific objectives:

(1)

To provide flexibility, unity, and diversity in land planning and development, resulting in convenient and harmonious groupings of uses, structures and common facilities;

(2)

To allow appropriate relationships of open spaces to intended uses and structures; and

(3)

To provide a procedure that can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics.

(b)

Minimum standards. The following minimum standards shall apply to all PUD districts:

(1)

PUD districts shall have a minimum contiguous area of fifteen (15) acres.

(2)

PUD districts may vary the following dimensional standards of existing zoning districts: Minimum rear yards, minimum side yards, minimum front yards, minimum parking ratios, and minimum lot size. All dimensional standard variations shall be delineated as part of an approved PUD district.

(3)

A minimum of twenty-five (25) percent of the lot area shall be dedicated open space, which shall meet the provisions for open space in section 25B-20-5.

(4)

The boundaries of each PUD, upon approval, must be shown on the zoning map, and shall be in conformance with the adopted comprehensive plan, as well as any adopted master plan.

(c)

Application of regulations.

(1)

Site plan. Development of the PUD is governed by a site plan that designates the standards of zoning and development for the PUD. The site plan must be submitted as a part of the PUD rezoning application.

(2)

At a minimum the site plan must include:

a.

Analysis of existing site conditions. An analysis of existing site conditions including a boundary survey and topographic map of the site including information on all existing manmade and natural features, utilities, all streams and easements, and features to be retained, moved or altered. The existing shape and dimensions of the existing lot to be built upon including the size, measurement and location of any existing buildings or structures on the lot shall be included;

b.

Master plan. A master plan outlining all proposed regulations and calculations which shall include, but not be limited to, information on all proposed improvements including proposed building footprints, doors, densities, parking ratios, open space, height, sidewalks, yards, under and over-head utilities, internal circulation and parking, landscaping, grading, lighting, drainage, amenities, and similar details including their respective measurements;

c.

Landscape plan. A landscape plan showing proposed regulations and calculations which shall include, but not be limited to, information on landscaping, tree species and the number of all plantings and open space including the landscaping that is being preserved, removed and that which is replacing the landscaping that is removed;

d.

Architectural design. Preliminary architectural plans and all elevations with sufficient detail to demonstrate proposed design criteria shall include, but not be limited to, scaled floor plans and elevation drawings of proposed buildings and structures and information on building materials, features, exterior finish legend, windows, doors, colors, and items affecting exterior appearance, such as signs, air conditioning, grills, compressors, and similar details including their respective measurements. As a part of the architectural design, a "four-sided" design philosophy must be used. Materials used shall be enduring in their composition;

e.

Phasing plan. Should a PUD be expected to require five (5) years or longer to complete, a phasing plan shall be provided by the applicant that indicates the timeframe for construction and development of different aspects of the PUD;

f.

Type and location of all intended uses;

g.

Expected gross land areas of all intended uses, including open space;

h.

Gross floor area or density and residential unit size for all buildings or structures;

i.

Multi-modal circulation plan;

j.

Street cross-sections;

k.

Parking analysis;

l.

Plan of how environmental features will be protected or impacted; and

m.

Any other information deemed necessary by the director.

(3)

To the extent that the approved site plan and development standards for a PUD contradict the development regulations and the UDO, the approved site plan for the PUD district governs.

(4)

Due to the mixed use nature of PUD proposals, design must be determined based upon the context and guidance of the comprehensive plan and specific character area plans for the area in which the PUD is located, as applicable.

(5)

Any additional information deemed necessary by the director to determine compliance with ordinance standards.

(Ord. No. 21-10, § 1, 6-22-21)