Sussex County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE XIX
Airport Hazard Zoning
§ 115-144 Title.
This Article shall be known and may be cited as the "Sussex County Airport Hazard Zoning Ordinance."
§ 115-145 Definitions.
As used in this Article, unless the context otherwise requires, the following terms shall have the meanings indicated:
The Sussex County Airport.
The highest point of an airport's usable landing area, measured in feet from mean sea level.
Any structure or object of natural growth located on or in the vicinity of a public airport or any use of land near such airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.
These zones apply to the area under the approach, transitional, horizontal and conical surfaces defined in FAR Part 77, as amended from time to time.
The Sussex County Board of Adjustment.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall be mean-sea-level elevation unless otherwise specified.
The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in the plan, coincides with the perimeter of the horizontal zone.
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this Article or an amendment thereto.
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 and for which no precision-approach facilities are planned or indicated on a Federal Aviation Administration planning document or military service's military airport planning document.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 115-147.
An individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative of any of them.
A runway having an existing instrument-approach procedure utilizing an 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 a. Federal Aviation Administration approved airport layout plan, a military service's approved military airport layout plan or any other Federal Aviation Administration planning document or military service's military airport planning document.
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; but when the runway has neither a specially prepared hard surface nor planned hard surface, the "primary surface" ends at each end of that runway. The width of the "primary surface" of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
An imaginary plane, 300 feet wide, centered on the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formations and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line 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 surfaces" for those portions of the precision-approach surfaces 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 surface and at ninety-degree angles to the extended runway center line.
An object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight and less.
A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on a Federal Aviation Administration approved airport layout plan, a military service's approved military airport layout plan or by any planning document submitted to the Federal Aviation Administration by competent authority.
§ 115-146 Airport zones.
A.
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 shown on the Sussex County Airport Hazard Zoning Map, consisting of one sheet, prepared by Associated Delaware Engineers, Inc., and dated May 25, 1971, as amended from time to time, which is attached to this chapter and made a part hereof.[1] 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.
[1]
Editor's Note: The Airport Hazard Zoning Map is on file in the office of the Planning and Zoning Commission.
B.
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 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 primary surface, its center line being the continuation of the center line of the runway.
(2)
UTILITY RUNWAY NON-PRECISION-INSTRUMENT APPROACH ZONE — The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface, its center line being the continuation of the center line 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 and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface, its center line being the continuation of the center line of the runway.
(4)
RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM GREATER THAN THREE-FOURTHS (3/4) MILE NON-PRECISION INSTRUMENT APPROACH ZONE — The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. 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 center line being the continuation of the center line of the runway.
(5)
RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM AS LOW AS THREE-FOURTHS (3/4) MILE NON-PRECISION-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 center line being the continuation of the center line 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 center line being the continuation of the center line 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 and is the applicable distance in feet as set forth in the Federal Aviation Administration Heliport Design Guide Advisory Circular, as amended from time to time. 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 center line being the continuation of the center line 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 center line being the continuation of the center line 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 center line being the continuation of the center line 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 ninety-degree angles to the runway center line and the runway center line 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 ninety-degree angles to the extended runway center line.
(11)
HELIPORT VFR TRANSITIONAL ZONES — These zones extend outward from the sides of the primary surface and the approach zones horizontal distance of 250 feet from the primary surface center line and the extended primary surface center line.
(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 center line and the extended primary surface center line.
(13)
STOL PRECISION-INSTRUMENT TRANSITIONAL ZONES — These zones extend outward from the sides of the primary surfaces a horizontal distance of 400 feet and from a portion of the sides of the approach zones a variable horizontal distance of 400 feet at the primary surface end to zero feet at a horizontal distance of 1,500 feet measured outward along the extended primary surface center line.
(14)
HORIZONTAL ZONE — The "horizontal zone" is hereby established by swinging arcs of ten-thousand-foot 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.
C.
The distances specified in this section may be amended from time to time by the Federal Aviation Administration in its Federal Aviation Regulations, Part 77.
§ 115-147 Height limitations.
A.
Except as otherwise provided in this Article, 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 herein established for such zone.
B.
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 center line.
(2)
Utility Runway Non-Precision-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 center line.
(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 center line.
(4)
Runway Larger Than Utility With A Visibility Minimum Greater Than Three-Fourths (3/4) Mile Non-Precision-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 center line.
(5)
Runway Larger Than Utility With A Visibility Minimum As Low As Three-Fourths (3/4) Mile Non-Precision-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 center line.
(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 center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
(7)
Heliport VFR Approach Zone: 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 center line.
(8)
Heliport IFR Approach Zone: 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 center line.
(9)
STOL Approach Zone: 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 center line.
(10)
Transitional Zone: slopes upward and outward seven feet horizontally for each foot vertically beginning at the side 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, to a height of 201 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the side 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 side of and at the same elevation as precision instrument runway approach surface and extending to a horizontal distance of 5,000 feet measured at ninety-degree angles to the extended runway-center line.
(11)
Heliport VFR Transitional Zone: 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 ninety-degree angles to the primary surface center line and extended center line.
(12)
Heliport IFR Transitional Zone: 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 ninety-degree angles to the primary surface center line and extended center line.
(13)
STOL Transitional Zone: 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 or a height of 201 feet above mean sea level.
(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.
C.
Excepted height limitations. Nothing in this Article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 45 feet above the surface of the land.
D.
Where an area is covered by more than one height limitation, the more-restrictive limitation shall prevail.
§ 115-148 Use restrictions.
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 or otherwise in any way create a hazard or endanger, the landing, takeoff or maneuvering of aircraft intending to use the airport.
§ 115-149 Nonconforming uses.
A.
Regulations not retroactive. The regulations prescribed by this Article 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 this Article 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 this Article 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 Sussex County Engineer 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 Sussex County.
§ 115-150 Permits and variances.
A.
Future uses.
(1)
No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted.
(a)
However, a permit for 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.
(b)
Each application for a permit 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 herein prescribed. If such determination is in the affirmative, the permit shall be granted.
B.
Existing uses. No permit shall be granted that would allow the establishment or creation 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 this Article 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.
C.
Nonconforming uses abandoned or destroyed. Whenever the Sussex County Planning and Zoning Director determines that a nonconforming tree or structure has been abandoned or more than 80% 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.
D.
Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his property not in accordance with the regulations prescribed in this Article may apply to the Board of Adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and 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 Board of Adjustment unless a copy of the application has been furnished to the Sussex County Council for advice as to the aeronautical effects of the variance. If the Sussex County Council does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
E.
Hazard marking and lighting. 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 or tree in question to permit the Sussex County Council, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
§ 115-151 Administration and enforcement.
It shall be the duty of the Sussex County Council to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Sussex County Council upon a form published for that purpose. Applications required by this Article to be submitted to the Sussex County Council shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Sussex County Council.
§ 115-152 Appeals.
A.
Any person aggrieved or any taxpayer affected by any decision of the Sussex County Council made in the administration of this Article may appeal to the Board of Adjustment.
B.
All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment by filing with the Sussex County Council a notice of appeal, specifying the grounds thereof. The Sussex County Council shall forthwith transmit to the Board of Adjustment 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 Sussex County Council certifies to the Board of Adjustment, 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 Sussex County Council, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Board of Adjustment on notice to the Sussex County Council and on due cause shown.
D.
The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
E.
The Board of Adjustment 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.
§ 115-153 Judicial review.
Any person aggrieved or any taxpayer affected by a decision of the Board of Adjustment may file an appeal in a manner prescribed by the laws of the State of Delaware.
§ 115-154 Violations and penalties.
Each violation of this Article or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and shall be liable to a fine of not more than $100, and each day such violation shall be permitted to exist shall constitute a separate offense.
§ 115-155 Conflicting regulations.
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 is 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.