Shenandoah County Unincorporated
City Zoning Code

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.

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

That Shenandoah County derives economic development and enhanced interstate commerce from the New Market Airport when such airports and their surrounding vicinity are held strictly to the highest possible safety standards.

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

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 Shenandoah County lying equal to and above the approach surfaces and transitional surfaces as they apply to the New Market 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 §§ 165-140 and 164-141. 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:

The source and the specific geometric design standards for these zones are defined in Rule 19 of the Rules and Regulations of the Virginia Department of Aviation. A copy of these design standards is found in the appendix of this article.[1]

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 § 165-140 of this article at any point.

The height restrictions, or floors, for the individual structures shall be those planes delineated as surfaces in Rule 19 of the Rules and Regulations of the Virginia Department of Aviation. A copy of these design standards is found in the appendix of this article.[1]

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

Diminish the ability of 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 the potential for bird strike hazards; or

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.

Except as provided in Subsection B of this section and § 165-144B of 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 article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article shall require any change in construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article and is diligently prosecuted.

Notwithstanding the provision of Subsection A 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 Administrator to indicate to 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.

Except as provided in Subsections B and C of 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 with sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this article. No permit for a structure inconsistent with this article shall be granted unless a variance has been approved as provided in Subsection D.

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 thereto other than with relief as provided for in Subsection D.

Whenever the Administrator determines that a nonconforming structure has been abandoned or more than 50% 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 for in Subsection D.

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 such regulations to the Shenandoah County Board of Zoning Appeals (Board). No such variance shall be authorized except after notice and hearing, as required by § 15.2-2204 of the Code of Virginia, as amended. Prior to being considered by the Board, 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.

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 Administrator. If deemed proper through the failure of the owner of the structure or with other reasonable cause by the Board, 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.

Applications for permits and variances shall be made on forms available from the Administrator, with such forms allowing for enough specific detail such that proper analysis can be given the request.

An appeal to the Board may be taken by any person aggrieved or by any office, department, board or bureau of the County or municipality affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order on application and on notice to the Zoning Administrator and for good cause shown.

Appeals shall be mailed to the Board of Zoning Appeals, care of the Zoning Administrator, and a copy of the appeal mailed to the Secretary of the Planning Commission. A third copy should be mailed to the individual official, department or agency concerned, if any. The County Planning Commission may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing. Appeals shall be accompanied by a certified check for the amount provided for in Chapter A170, Fees, made payable to the Treasurer, Shenandoah County.

The Board shall fix a reasonable time for the hearing of an application or appeal, give notice thereof as due notice to the properties in interest and decide the same within 90 days. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of an administrative officer or decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variance from this chapter.