The airport overlay district is an overlay zone which governs the development of property located in and adjacent to certain developed airports located within Griffin and Spalding County. It also governs development of property located within and under flight paths to such airports. The purpose of the overlay zone is to develop standards and criteria for development of property within the zone in a comprehensive manner to protect the safety of persons and property located at or near airports, in, under or near airport flight paths and using the airport facilities within Spalding County.

(Res. No. A-15-09, § 2, 12-7-15)

This ordinance shall be known and may be cited as the "Griffin-Spalding County Airport Overlay Zoning District."

(Res. No. A-15-09, § 2, 12-7-15)

A.

Airport: The Griffin-Spalding County Airport and any other airport now existing or that may be developed in the future which is subject to the regulations of this ordinance.

B.

Airport elevation: The highest point of an airports usable landing area as measured in feet above means sea level.

C.

Airport authority: The Griffin-Spalding County Airport Authority.

D.

Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface area at the same slope as the approach zone height limitation slope as set forth in Section 2205. In plan the perimeter of the approach zone.

E.

Approach, transitional, horizontal and conical zones: These zones are set forth in Section 2204A of this ordinance.

F.

Board of appeals: The Board of appeals as created in Appendix C of the Unified Development Ordinance of Spalding County, Georgia.

G.

Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

H.

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

I.

Height: For the purpose of determining the height limits in all zones set forth in the zoning map in conjunction with the Griffin-Spalding County Airport Overlay District, the datum shall be the top of any building, structure, or tree expressed in feet above mean sea level, unless otherwise specified.

J.

Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

K.

Non-precision instrument runway: 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 non-precision instrument approach procedure has been approved or planned.

L.

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height as set forth in Section 2205A.

M.

Person: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; including a trustee, a receiver, an assignee, or similar representative of any of them.

N.

Precision instrument runway: A runway having an existing instrument approach procedure utilizing all Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

O.

Primary surface: A surface longitudinally centered on a runway. When a runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is set forth in Section 2204A. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

P.

Runway: A defined area of an airport prepared for landing and take-off of aircraft along its length.

Q.

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

R.

Surface(s): An imaginary geometric plan located above the ground through which a penetration would constitute a hazard to air navigation.

S.

Transitional surfaces: These surfaces extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety (90) degrees angles to extended runway centerline.

T.

Tree: Any object of natural growth.

U.

Unified Development Ordinance: The Unified Development Ordinance of Spalding County, Georgia.

V.

Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.

W.

Zone(s): All of the land lying beneath the surface(s).

(Res. No. A-15-09, § 2, 12-7-15)

To carry out the provisions of this ordinance, certain zones are established which include all of the land lying beneath the approach surface, transitional surfaces, horizontal surface and conical surface as they apply to the Griffin-Spalding County Airport. Such zones are shown on the map established pursuant to Section 2211A. 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:

A.

Approach surface: A surface longitudinally centered on an extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of a runway based upon the type of approach available or planned for that runway end.

1.

The inner edge of the approach surface is the same width as the primary surface—one thousand (1,000) feet—and expands uniformly to a width of:

a.

Fifteen hundred (1,500) feet for a runway with only visual approaches; and

b.

Sixteen hundred (1,600) feet for a precision instrument runway.

2.

The approach surface extends for a horizontal distance of:

a.

Five thousand (5,000) feet at a slope of twenty (20) to one (1) for visual runways; and

b.

Ten thousand (10,000) feet at a slope of fifty (50) to one (1) with an additional forty thousand (40,000) feet at a slope of forty (40) to one (1) for all precision instrument runways.

3.

The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

B.

Approach zones: Includes all land lying beneath the approach surfaces.

C.

Primary surface: A surface longitudinally centered on a runway. The primary surface extends two hundred (200) feet beyond each end of said runway and is one thousand (1,000) feet wide.

D.

Transitional surfaces: These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extends at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend at a distance of five thousand (5,000) feet measured horizontally form the edge of the approach surface and at right angles to the runway centerline.

E.

Horizontal surface: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of a specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. The radius of each arc at the Griffin-Spalding County Airport is ten thousand (10,000) feet.

F.

Horizontal zone: All land lying beneath the horizontal surface.

G.

Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

H.

Conical zone: All land lying beneath the conical surface.

(Res. No. A-15-09, § 2, 12-7-15)

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

A.

Runway with a visual approach: This approach surface 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.

B.

Runway with a non-precision instrument approach that has visibility minimums greater than ¾-mile approach zone: This approach surface 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.

C.

Runway with a non-precision instrument approach that has visibility minimums as low as ¾ approach zone: This approach surface 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.

D.

Runway with a precision approach zone: This precision approach surface 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.

E.

Transitional zones: Slopes seven (7) feet outward for each foot upward beginning at the sides 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 nine hundred fifty-eight (958) 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 a horizontal distance of five thousand (5,000) feet measured at ninety (90) degree angles to the extended runway centerline.

F.

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

F.

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

G.

Excepted height limitations: Nothing in this ordinance shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to thirty-five (35) feet above the surface of the land.

(Res. No. A-15-09, § 2, 12-7-15)

Notwithstanding any other provisions of this ordinance, no use may be made of land or water within any zone established by this ordinance 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.

(Res. No. A-15-09, § 2, 12-7-15)

A.

Unified Development Ordinance shall govern: The provisions of the Unified Development Ordinance (Section 403) shall apply to land uses governed by this article.

B.

Marking and lighting: Notwithstanding any other provisions of the Unified Development Ordinance, 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 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.

(Res. No. A-15-09, § 2, 12-7-15)

A.

Future uses: Except as specifically provided in subsections 1., 2., and 3., hereunder, 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 therefore 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 ordinance shall be granted unless a variance has been approved in accordance with subsection D. below.

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 seventy-five (75) 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.

2.

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 or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

3.

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 or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, 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 ordinance except as set forth in Section 2205A(H).

B.

Required aeronautical study: Proponents of any construction of or alteration to a structure located within any zone referred in Section 2205A or falling in to one or more of the following categories must have an Aeronautical Study completed by the Federal Aviation Administration (FAA):

1.

Any construction of or alteration to a structure that is or will be more than two hundred (200) feet above ground level after construction or alternation; or

2.

Any construction of or alteration to a structure that exceeds an imaginary surface extending outward and upward at any of the following slopes:

a.

One hundred (100) to one (1) for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway.

b.

Fifty (50) to one (1) for a horizontal distance of ten thousand (10,000) feet from the nearest point of the nearest runway.

Additional information, applicable forms and instructions can be found on the internet at https://oeaa.faa.gov/oeaa/external/portal.jsp The FAA response will be one of the following:

Determination of no hazard to air navigation; or

Notice of presumed hazard.

In such a case, the proponent will have the option of modifying their request, moving forward with their request, or withdrawing their request.

The FAA response and any additional information the airport authority, the City of Griffin, or Spalding County, Georgia may require must then be reported to the airport authority at its next regularly scheduled meeting. Thereafter, the airport authority may act to recommend approval, disapproval, or to table the item until the next regularly scheduled meeting in order to facilitate further study of the proposed structure. In furtherance of the airport authority's recommendation, Spalding County will then act on the permit application.

C.

Existing uses: 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 the effective date of this ordinance 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.

D.

Nonconforming uses abandoned or destroyed: Whenever the administrative officer 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.

E.

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 ordinance, may apply to the board of 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 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 ordinance. Additionally, no application for variance to the requirements of this ordinance may be considered by the board of appeals unless a copy of the application has been furnished to the airport authority for advice as to the aeronautical effects of the variance. If the airport authority does not respond to the application within fifteen (15) days after receipt, the board of appeals may act on its own to grant or deny said application.

F.

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

(Res. No. A-15-09, § 2, 12-7-15)

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

(Res. No. A-15-09, § 2, 12-7-15)

Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance 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 more stringent limitation or requirement shall govern and prevail.

(Res. No. A-15-09, § 2, 12-7-15)

The A-O district consists of the area located within the airport overlay zone, as established by the criteria set forth in Section 2204A, are shown and designated on a certain map identified as the "A-O District, Spalding County Airport Overlay Map," which map is adopted hereby into and made a part of this ordinance as if fully set forth. Such map shall be signed by the Chairman of the Board of Commissioners of Spalding County and bear the seal of the county or that of a notary public under the following words: "This certifies that this is the Official A-O District Airport Overlay District Map, referred to in Article 22A of the Zoning Ordinance of Spalding County."

(Res. No. A-15-09, § 2, 12-7-15)