(a)

PURPOSE AND INTENT. In accordance with Section 15.1-491.02 of the Code of Virginia, the standards set forth in Part 77.21, 77.23, 77.25, 77.28 and 77.29 of Subchapter C (Aircraft), of Title 14 of the Code of Federal Regulations or in successor federal regulations, and the airport safety zone maps adopted by the City of Suffolk, the Airport Safety Management Overlay District (ASM) regulations are intended to protect the general health, safety and welfare by insuring that development will occur to cause no interference with air traffic over the City of Suffolk and, specifically, Suffolk Executive Airport and the Hampton Roads Executive Airport.

(b)

APPLICABILITY. The special provisions established in this Section shall apply to all areas designated as airport safety zones in accordance with Subsection (a) of this Section. Areas so designated are shown on the airport safety zone maps and the Official Zoning Map adopted by the City of Suffolk.

(c)

DEFINITIONS. The following words and terms used in this Section shall have the following meanings unless the context clearly shows otherwise:

Airport. Suffolk Executive Airport (SFQ) and the Hampton Roads Executive Airport (PVG).

Airport Elevation. The highest point on any useable landing surface at the airport expressed in feet above mean sea level.

Approach Surface. A surface, with design standards referenced in Subsection (d) of this Section, 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 31-591.5. The perimeter of the approach surface coincides with the perimeter of the approach zone.

Conical Surface. A surface, with design standards referenced in Subsection (d) of this Section, extending and sloping horizontally and vertically from the periphery of the horizontal surface.

Hazard to Air Navigation. An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to affect the safe and efficient use of navigable airspace in the Commonwealth of Virginia.

Height. For determining the height limits in all zones set forth in Subsection (e) of this Section, and shown on the zoning map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

Horizontal Surface. A horizontal plane, with design standards referenced in Subsection (d) of this Section, above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in Subsection (e) of this Section.

Permit. A document issued by the City of Suffolk allowing a person to begin an activity that may result in any structure or vegetation exceeding the height limitations provided for in this Ordinance.

Person. Any individual, firm, partnership, corporation, company, association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Primary Surface. A surface, with design standards referenced in Subsection (d) of this Section, longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway. A specified area on an airport prepared for landing and takeoff of aircraft.

Structure. Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formation, towers, poles, and electric lines of overhead transmission routes, flag poles, and ship masts.

Transitional, Horizontal, and Conical Zones. The airport safety zones as set forth in Subsection (d) of this Section.

Transitional Surfaces. Surfaces, with design standards reference in Subsection (d) of this Section, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surface to where they intersect the horizontal and conical surfaces.

Vegetation. Any object of natural growth.

Zone. All areas provided for in Subsection (d) of this Section, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in Subsection (e) of this Section.

(d)

AIRPORT SAFETY ZONES. To carry out the provisions of this Ordinance, certain zones that include all of the area and airspace of the City of Suffolk lying equal to and above the approach surfaces, transitional surfaces, and conical surfaces as they apply to Suffolk Executive Airport and the Hampton Roads Executive 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 Subsections (e) and (f) of this Section. An area in more than one of the following zones is considered only in the zone with the most restrictive height limitation. The source and the specific geometric design standards for these zones are to be found in Part 77.21, 77.23, 77.25, 77.28 and 77.29 of Subchapter C (Aircraft), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. These zones are as follows:

(1)

AIRPORT ZONE. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

(2)

APPROACH ZONE. A zone that extends away from the runway ending along the extended runway centerline and approach surfaces, with the floor set by the transitional surfaces.

(3)

TRANSITIONAL ZONE. A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the conical surface.

(4)

CONICAL ZONE. A zone that circles the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

(e)

AIRPORT SAFETY MANAGEMENT ZONE HEIGHT LIMITATIONS.

(1)

Except as otherwise provided in this Ordinance, no structure shall be built, altered, or maintained, and no vegetation shall be allowed to grow to a height to penetrate any referenced surface, also known as the floor, at any point of any zone as provided for in Subsection (d) of this Section.

(2)

The height restrictions or floors for the individual zones shall be those planes delineated as surfaces in Part 77.21, 77.23, 77.25, 77.28 and 77.29 of Subchapter C (Aircraft), of Title 14 of the Code of Federal Regulations, or in successor federal regulations.

(f)

USE RESTRICTIONS. Notwithstanding other provisions of this Ordinance, and within the horizontal limits of any zone established by this Ordinance, no use shall be made of any land or water that:

(1)

Creates electrical interference with navigational signals or radio communication between the airport and aircraft;

(2)

Diminishes the ability of pilots to distinguish between airport lights and other lights;

(3)

Results in glare to pilots using the airport;

(4)

Impairs visibility in the vicinity of the airport;

(5)

Creates the potential for bird strike hazards; and

(6)

Otherwise in any way endangers, or interferes with the landing or maneuvering of, aircraft in the vicinity of or intending to use the airport.

(g)

NONCONFORMING USES AND STRUCTURES. Except as provided for in this Section, the regulations prescribed by this Section shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations existing as of the effective date of this Section. Nothing contained in this Section shall require any change in the construction, alteration, or intended use of any structure, the construction of which was legally begun before the effective date of this Section.

(1)

Notwithstanding other provisions of this Ordinance, owners of nonconforming structures, nonconforming uses, or vegetation are required to permit the installation, operation, and maintenance thereon of whatever markings and lights deemed necessary by the Federal Aviation Administration or the Virginia Department of Aviation to indicate to operators of aircraft the presence of an obstruction as defined in Subsection (c) of this Section. These markings and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owners of the nonconformity or vegetation in question.

(2)

No permit shall be granted or a site plan approved that would permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this Section or amendments thereto without meeting the requirements of and receiving of a special exception from the Board of Zoning Appeals as provided for in Subsection (h) of this Section and Section 31-309 of this Ordinance.

(3)

When the Administrator determines that a nonconforming structure has been abandoned, or destroyed, deteriorated or decayed more than fifty (50) percent of the City's assessed value of the structure, no permit shall be granted that would enable the structure to be rebuilt, reconstructed or renovated to exceed the applicable height limit or otherwise deviate from the requirements of this Section without receiving exception from the Board of Zoning Appeals.

(h)

APPLICATIONS FOR VARIANCES AND SPECIAL EXCEPTIONS. All other structures and uses that are legally conforming at the time of permit application or site plan submittal or otherwise in compliance with this Ordinance that would, because of approval of a said permit or site plan, exceed the requirements of this Ordinance shall be required to apply for and receive a variance from the Board of Zoning Appeals as provided for in Section 31-309 of this Ordinance.

(1)

In addition to the requirements contained in Section 31-309 of this Ordinance, applications for variances and special exceptions shall contain a determination from the Virginia Department of Aviation as to the effect of the application on the operation of air navigation facilities and the safe, efficient use of navigable air space.

(2)

Notwithstanding other provisions of this Ordinance, variances and special exceptions shall be allowed only where found by the Board of Zoning Appeals that a literal application or enforcement of the provisions contained in this Section will result in unnecessary hardship and the relief granted not be contrary to the public interest, not create or exacerbate a hazard to air navigation, and be in accordance with the spirit and the intent of this Section.

(3)

If deemed advisable to achieve the purpose and intent of this Section, the Board of Zoning Appeals may require an agreement, approved as to form and content by the City Attorney, between the owners of the airport and the owner of the regulated structure for the installation and operation, at the owner's expense, of such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the Administrator. Minor modifications of conditions of said agreement may be authorized by the Administrator to achieve compliance with said agreement and this Section. Modification of conditions regarding structures or use of land shall require a new hearing by the Board of Zoning Appeals, if applicable. Failure of the owner of the structure or land to comply with any conditions of approval shall be punishable as provided for in Subsection (i) of this Section.

(i)

ENFORCEMENT AND PENALTIES. The Administrator shall administer and enforce the regulations contained in this Section and shall have the authority to bring properties and structures into compliance as otherwise provided for in this Ordinance. Each violation of this Section or of any ruling, regulation, or order promulgated under this Section shall constitute a misdemeanor and be punishable by a fine of no more than $1,000.00.

(Ord. No. 12-O-110, 12-19-2012)