There are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are hereby established and defined as follows:

(1)

Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface of the airport. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(2)

Utility runway nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface of the airport runway. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface, its centerline being a continuation of the centerline of the runway.

(3)

Runway larger than utility visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface of the airport. The approach zone expands outward uniformly to a width of 15,000 feet at a horizontal distance of 5,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(4)

Runway larger than utility with a visibility minimum greater than three-quarters of a mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface of the airport. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(5)

Runway larger than utility with a visibility minimum as low as three-quarters of a mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(6)

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

(7)

Heliport visual flight rules (VFR) approach zone. The inner edge of this approach zone coincides with the width of the primary surface of the airport. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface, its centerline being the continuation of the centerline of the primary surface.

(8)

Heliport instrument flight rules (IFR) approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 300 feet wide. The approach zone expands outward uniformly to a width of 3,400 feet at a horizontal distance of 10,000 feet from the primary surface, its centerline being the continuation of the centerline of the primary surface.

(9)

STOL precision instrument approach zone. The inner edge of this approach zone coincides with the primary surface and is 300 feet wide. The approach zone expands outward uniformly to a width of 3,400 feet at a horizontal distance of 10,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(10)

Transitional zones. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended 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 and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach zones and at 90 degree angles to the extended runway centerline.

(11)

Heliport VFR transitional zones. These zones extend outward from the side of the primary surface and the approach zones a horizontal distance of 250 feet from the primary surface centerline and the extended primary surface centerline.

(12)

Heliport IFR transitional zones. These zones extend outward from the sides of the primary surface and a portion of the sides of the approach zones a horizontal distance of 350 feet from the primary surface centerline and the extended primary surface centerline.

(13)

STOL precision instrument transitional zones. These zones extend outward from the sides of the primary surface a horizontal distance of 400 feet and from a portion of the sides of the approach zones a variable horizontal distance of 1,500 feet measured outward along the extended primary surface centerline.

(14)

Horizontal zone. The horizontal zone is hereby 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.

(15)

Conical zone. The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(Code 1999, § 9-318)

(a)

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

(1)

Utility runway visual approach zone: Slopes upward 20 feet horizontally for each foot vertically, 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)

Utility runway nonprecision instrument approach zone: Slopes upward 20 feet horizontally for each foot vertically 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.

(3)

Runway larger than utility visual approach zone: Slopes upward 20 feet horizontally for each foot vertically 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.

(4)

Runway larger than utility with a visibility minimum greater than three-quarters of a mile nonprecision instrument approach zone: Slopes upward 34 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(5)

Runway larger than utility with a visibility minimum as low as three-quarters of a mile nonprecision instrument approach zone: Slopes upward 34 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(6)

Precision instrument runway approach zone: Slopes upward 50 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(7)

Heliport VFR approach zones: Slopes upward eight feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the extended primary surface centerline.

(8)

Heliport IFR approach zones: Slopes upward 15 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface, and extending to a distance of 10,000 feet along the extended primary surface centerline.

(9)

STOL approach zones: Slopes upward 15 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface, and extending to a distance of 10,000 feet along the extended runway centerline.

(10)

Transitional zones: Slopes upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(11)

Heliport VFR transitional zones: Slopes upward and outward two feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach surfaces, and extending a distance of 250 feet measured horizontally from and at 90 degree angles to the primary surface centerline and extended centerline.

(12)

Heliport IFR transitional zones: Slopes upward and outward four feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and a portion of the sides of the approach surface and extending a distance of 350 feet measured horizontally from and at 90 degree angles to the primary surface centerline and extended centerline.

(13)

STOL transitional zones: Slopes upward and outward four feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and a portion of the sides of the approach surface and extends to an elevation of 100 feet above the primary surface.

(14)

Horizontal zone: 150 feet above the airport elevation.

(15)

Conical zone: Slopes upward and outward 20 feet horizontally for each foot vertically 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.

(b)

Excepted height limitations. Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet above the surface of the land. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Code 1999, § 9-319)

(a)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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 or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(b)

Places of public assembly, such as schools, churches, hospitals, apartment houses, theaters, and assembly halls shall not be erected or otherwise located in any area which would be classified as an approach zone under this article.

(Code 1999, § 9-320)

(a)

The requirements of this section shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this chapter is derived, 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 or alteration of which was begun prior to the effective date of the ordinance from which this chapter is derived, and is diligently prosecuted.

(b)

Notwithstanding subsection (a) of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operating, and maintenance thereon of such markers and lights as shall be deemed necessary by the zoning administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the county.

(Code 1999, § 9-321)

The following provisions shall apply to zoning permits issued within any zone created by this article:

(1)

Compliance by a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.

(2)

The application for a permit within any of the zones established by this section shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations prescribed.

(3)

No permit shall be granted that would allow the establishment or creating of an airport hazard 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 chapter is derived, or any amendments thereto, or than it is when the application for a permit is made.

(4)

Any person aggrieved by the decision of the zoning administrator may appeal to the board of zoning appeals.

(Code 1999, § 9-322)