This article shall be known and may be cited as the "Lake City Municipal Airport Zoning Ordinance."

(Code 1983, § 22-15.1; Ord. No. 2000.2123, art. I)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means the Lake City Municipal Airport.

Airport elevation means the highest point of an airport's usable landing area measured in feet from mean sea level (81 feet).

Airport manager. For purposes of this article, the mayor shall appoint his designee to serve as airport manager.

Airport owner means City of Lake City, South Carolina.

Approach surface means 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 in section 38-288. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zone means the zones are set forth in section 38-287.

Conical surface means 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 4,000 feet.

Hazard to air navigation means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height. For the purpose of determining the height limits in all zones set forth in this article shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan view coincides with the perimeter of the horizontal zone.

Managing body. The managing body for this zoning ordinance will be the city planning commission.

Non-precision instrument runway means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in or circling non-precision instrument approach procedure has been approved or planned.

Nonconforming use means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 38-288.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 125 feet on each side of the runway centerline for a total width of 250 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

Structure means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Transitional surfaces. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extension at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface.

Tree means any object of natural growth.

Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

(Code 1983, § 22-15.2; Ord. No. 2000.212, art. II)

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 surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Lake City Municipal Airport. Such zones are show on the Lake City Municipal Airport zoning maps consisting of two sheets, prepared by Eastern Engineering, Inc., which is attached to the ordinance from which this article is derived and made a part thereof. 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:

(1)

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

(2)

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

(3)

Horizontal zone. The horizontal zone is established 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 zone does not include the approach and transitional zones.

(4)

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 4,000 feet.

(Code 1983, § 22-15.3; Ord. No. 2000.212, art. III)

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

(1)

Utility runway approach 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 centerline.

(2)

Transitional zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface, and extending to a height of 150 feet above the airport elevation which is 81 feet above mean sea level. In addition to the forgoing, there are established height limits sloping seven 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 horizontal surface, which is established at 150 feet above the airport elevation.

(3)

Horizontal zone. Established at 150 feet above the airport elevation or at a height of 231 feet above mean sea level.

(4)

Conical zone. Slopes 20 feet outward for each foot upward 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 or 431 feet above mean sea level.

(5)

Excepted height limitations. Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to any height above the surface of the land, except that no structure, tree or other obstruction will be allowed to penetrate, violate, or exceed the height of the airport zones as defined herein.

(Code 1983, § 22-15.4; Ord. No. 2000.212, art. IV)

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 a manner as to create electrical interference with 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.

(Code 1983, § 22-15.5; Ord. No. 2000.212, art. V)

(a)

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 the ordinance from which this article is derived, 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, if construction or alteration of which was begun prior to the effective date of the ordinance from which this article is derived, and is diligently prosecuted.

(b)

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 airport manager 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 city.

(Code 1983, § 22-15.6; Ord. No. 2000.212, art. VI)

(a)

Future users. Except as specifically provided in subsections (a)(1), (2) and (3) of this section, 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 therefor shall have been applied for and granted. 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. 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 (d) of this section.

(1)

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 125 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. Any planned tree or structure of more than 125 feet in height above the ground shall require permit approval.

(2)

In areas lying within the limits of the approach zones, permits shall be required for any planned tree or structure.

(3)

In the area lying within the limits of the transition zones within the perimeter of the horizontal zone, permits shall be required for any planned tree or structure.

Nothing contained in any of the forgoing 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 article except as set forth in section 38-290.

(b)

Existing users. No permit shall be granted that would allow the establishment for 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 the ordinance from which this article is derived or any amendments thereto or than it is when the applications for such a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed. Whenever the airport manager determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or destroyed, or decayed, no permit shall be granted that would allow such structure or tree to exceed the application height limit or otherwise deviate from the zoning regulations.

(d)

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 city planning commission 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 city planning commission unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within 15 days after receipt, the city planning commission may act on its own to grant or deny said application.

(e)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and is 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 city planning commission this condition may be modified to require the owner to permit the city, at its own expense, to install, operate, and maintain the necessary markings and lights.

(Code 1983, § 22-15.7; Ord. No. 2000.212, art. VII)

It shall be the duty of the airport manager to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the airport manager upon a form published for that purpose. Applications required by this article to be submitted to the airport manager shall be promptly considered and granted or denied. Application for action by the city planning commission shall be forthwith transmitted by the airport manager.

(Code 1983, § 22-15.8; Ord. No. 2000.212, § B I)

(a)

The city planning commission will exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the airport manager in the enforcement of this article;

(2)

To hear and decide special exceptions to the terms of this article upon which such commission under such regulations may be required to pass; and

(3)

To hear and decide specific variances.

(b)

The commission shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the commission shall be held at the call of the chairperson and at such other times as the commission may determine. The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the commission shall be public. The commission shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the airport manager and on due cause shown.

(c)

The commission shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.

(d)

The concurring vote of a majority of the members of the commission shall be sufficient to reverse any order, requirement, decision, or determination of the airport manager or decide in favor of the application on any matter upon which it is required to pass under this article or to effect variation to this article.

(Code 1983, § 22-15.9; Ord. No. 2000.212, § B II)

(a)

Any person aggrieved, or any taxpayer affected, by any decision of the airport manager made in the administration of the article, may appeal to the commission.

(b)

All appeals hereunder must be taken within 15 days as provided by the rules of the commission, by filing with the airport manager a notice of appeal specifying the grounds thereof. The airport manager shall forthwith transmit to the commission all the papers constituting the record upon which the action appealed from was taken.

(c)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the airport manager certifies to the commission, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the airport manager cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the commission on notice to the airport manager and on due caused shown.

(d)

The commission shall allow 30 days for hearing appeals, give public notice and due notice to the parties in interest, and the decision will be rendered within 30 days after the hearing has been heard. Upon the hearing, any party may appear in person or by agent or by attorney.

(e)

The commission may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

(Code 1983, § 22-15.10; Ord. No. 2000.212, § B III)

Any person aggrieved, or any taxpayer affected, by any decision of the commission, may appeal to the mayor and city council within ten days of said decision. Thereafter appeals from the governing body's decision may be made to the court of common pleas as provided by law.

(Code 1983, § 22-15.11; Ord. No. 2000.212, § B IV)

Each violation of this article or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than $100.00 or imprisonment for not more than 30 days, or both; and each day a violation continues to exist shall constitute a separate offense.

(Code 1983, § 22-15.12; Ord. No. 2000.212, § B V)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the stringent limitation or requirement shall govern and prevail.

(Code 1983, § 22-15.13; Ord. No. 2000.212, § B VI)