The airport safety overlay zone consists of the airspace over and around the Virginia Highlands Airport and is designed to deal with obstructions into that airspace and is adopted specifically to satisfy the requirements of Code of Virginia, § 15.2-2294. In order to accomplish the necessary controls for this area, the boundaries of this overlay district shall be concurrent with those specific geometric standards as referred to in the definition of the term "regulations" found in section 66-842. The intent is to prevent an obstruction that has the potential for endangering the lives and property of the users of the Virginia Highlands Airport and the residents of the county, and to prevent the reduction in size of areas available for landing, take off and maneuvering of aircraft, which tends to destroy or impair the utility of the airport and the public investment therein. It is declared that 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, that the creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the Virginia Highlands Airport, that the county derives economic development and enhanced interstate commerce from Virginia Highlands Airport, when such airport and its surrounding vicinity is held strictly to the highest possible safety standards; and that the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(Ord. No. 98-2, § 1(66-931), 5-12-1998)

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Airport means the Virginia Highlands Airport.

Airport commission means the Virginia Highlands Airport Commission or any successor entity with operational responsibility for the Virginia Highlands Airport.

Airport elevation means the highest point on any usable landing surface expressed in feet above mean sea level.

Airport zone means a zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

Antenna means any apparatus designed for telephonic, data, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Approach surface means a surface, whose design standards are set by the regulations, longitudinally centered on a 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. The perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach zone means a zone that extends away from the end of the primary surface with the floor set by the approach surface for a distance set by the regulations.

Conical surface means a surface, whose design standards are set by the regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface, like a cone, currently set by the Code of Federal Regulations at a slope of 20 to one for a horizontal distance of 4,000 feet to a height of 500 feet above the airport elevation.

Conical zone means a zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

Hazard to air navigation means an obstruction determined by the state department of aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the state.

Height. For the purpose of determining the height limits in all zones of this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface means a horizontal plane, whose design standards are set by the regulations, above the established airport elevation, currently established at 150 feet above the airport elevation, and the perimeter of which is established by swinging arcs of specified radii from the center of each primary surface of each runway of the airport and connecting the arcs by lines tangent to those arcs.

Nonconforming use means any preexisting structure or object of natural growth which is inconsistent with the provisions of this article or any amendment thereto.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, as set forth in this article.

Permit means a document issued by the county allowing a person to begin an activity which may result in any structures or vegetation exceeding the height limitations provided for in this article. This shall include zoning permits and building permits.

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

Primary surface means a surface, whose design standards are set by the regulations, longitudinally centered on a runway, which primary surface currently extends 200 feet beyond the hard surface of each end of the airport runway. The width of the primary surface is prescribed as set forth in the regulations. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Regulations means Part 77.25 et seq., Subchapter E (Airspace) of Title 14 of the Code of Federal Regulations and/or its successor federal regulations, as they may be amended or substituted from time to time.

Runway means a specified area on the airport prepared for landing and takeoff of aircraft.

Runway Protection Zone (RPZ) (previously, runway clear zone) means that trapezoidal area at ground level emanating from the approach end of the primary surface, under the control of the airport authorities, for the purpose of protecting the safety of approaches and to enhance the protection of people and property on the ground. Table 2-4 of the Federal Aviation Administration advisory circular 150/5300-13 chg 6 provides standard dimensions for RPZs, and is hereby adopted and incorporated, as now presented and as amended from time to time, as part of this definition.

Structure means any object constructed or installed by any person, including but not limited to buildings and vertical appurtenances thereto, including, but not limited to, cupulae, bell towers and steeples; towers, permanent cranes, smokestacks, earth formations, exterior light poles, flag poles, satellite communication dishes, billboards, and antennas.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like.

Transitional surfaces means surfaces, whose design standards are set by the regulations, which extend outward perpendicular to the runway centerline sloping from the sides of the primary surfaces and approach surfaces to where they intersect the horizontal surfaces and conical surfaces.

Transitional zone means a zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

Vegetation means any object of natural growth.

Zone means all areas 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 the regulations.

(Ord. No. 98-2, § 1(66-932), 5-12-1998; Ord. No. 2002-06, § 1(66-932), 3-12-2002)

Cross reference— Definitions generally, § 1-2.

(a)

There are hereby established the airport zone, approach zone, transitional zone, and conical zone as defined in this article, including all of the area and airspace of the county lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Virginia Highlands Airport and as the areas within those zones are defined from time to time by the regulations. These zones are established as overlay zones, superimposed over the existing land surface zoning districts. These zones are areas of airspace that do not affect the uses and activities of the land surface zoning districts, except as provided for in sections 66-887 and 66-888. 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.

(b)

The zones established in this article shall be depicted on an official map, which shall be maintained and available for public inspection at the same location as the official zoning map of the county and at the Virginia Highlands Airport. This map is made part of this article by reference.

(c)

The administrator or his designee shall be empowered to interpret the boundaries of all zones shown on the official map. In the event of uncertainty as to the zone boundaries, the administrator or his designee shall request the opinion of the airport commission. In the event of dispute concerning zone boundaries, the matter shall be referred to the county board of zoning appeals, whose decision shall be final.

(Ord. No. 98-2, § 1(66-933), 5-12-1998)

Effective April 12, 2000, the agent of the airport commission shall review and advise upon all applications for telecommunication towers and antennas used exclusively by public or private schools or educational institutions proposed for location outside of the airport safety overlay zone within 15 working days of receipt of such application from the administrator or his designee. Failure of the airport commission's agents to respond within this period, or to notify the applicant of the need for additional time for review up to an additional 15 days, shall be deemed a determination that the proposed tower and antenna pose no threat to air navigation. If any such tower and antenna is determined to pose a threat to air navigation, the agent of the airport commission shall document the nature of the threat in writing along with recommendations for mitigating the threat and forward documentation to the applicant with copy to the administrator or his designee. The matter shall then be subject to negotiation between the agent of the airport commission and the applicant. Sixty days after notice from the agent of the airport commission to the applicant of that the proposed tower poses a threat, the agent of the airport commission shall make a report to the administrator whether a mutually agreeable solution has been achieved. If the agent of the airport commission determines that a mutually agreeable solution has not been achieved, the administrator or his designee or the applicant may appeal for review by the board of zoning appeals.

(Ord. No. 2000-01, § 1(66-945), 4-11-2000)

The administrator or his designee shall administer and enforce the provisions of this article. The administrator or his designee, and any designated agent of the administrator, shall be vested with the police power incumbent to carry out and effectuate this article, including the action of injunction, prosecution and other available means through the circuit court of the county. The administrator may designate the airport commission as his designee pursuant to this section.

(Ord. No. 98-2, § 1(66-941), 5-12-1998)

Each violation of this article or of any provision, regulation, order, or ruling promulgated under this article shall constitute a class 2 misdemeanor. The administrator or his designee shall give written notice of such violation to the party or parties deemed culpable, and order such party or parties to take corrective measures within ten calendar days from the date of notification. If such party or parties fail to comply with the duly issued order, the administrator or his designee may initiate necessary actions to terminate the violation through appropriate legal measures. Subsequent to the ten-calendar-day period following notification of violation, each day of violation shall constitute a separate violation. Such violations may be prosecuted at the discretion of the administrator or board of supervisors or by the airport commission if so designated and authorized by the administrator.

(Ord. No. 98-2, § 1(66-942), 5-12-1998)

Where there exists a conflict between any of the provisions or limitations prescribed in this article and any other regulations applicable to the same subject, where the conflict is with respect to the height of structures or vegetation and the use of land, or any other matter, the more stringent limitation or requirement shall govern.

(Ord. No. 98-2, § 1(66-943), 5-12-1998)

The effective date of this article, except section 66-844, is June 1, 1998.

(Ord. No. 98-2, § 1(66-944), 5-12-1998)

(a)

Except as provided in this article no structure or vegetation shall be erected or otherwise established in any zone created by this article unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with and sufficient geometric specificity and height specificity, including references to mean sea level, if necessary, to determine whether the resulting structure or vegetation would conform to the provisions prescribed in this article. No permit for a structure or vegetation inconsistent with this article shall be granted unless a variance has been approved as provided in this article.

(b)

No permit shall be granted that would allow the establishment or creation of an obstruction or allow for a nonconforming use or structure or vegetation 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 this article. All nonconforming uses as defined by this article shall obtain a zoning permit and a certificate of occupancy within 60 calendar days from the effective date of this article. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.

(Ord. No. 98-2, § 1(66-937(a), (b)), 5-12-1998)

Whenever the administrator or his designee determines that a nonconforming structure has been abandoned or more than 50 percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure or vegetation to be rebuilt, reconstructed, restored, 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 this article.

(Ord. No. 98-2, § 1(66-937(c)), 5-12-1998)

Any person desiring to erect or increase the height or size of any structure or vegetation not in accordance with the provisions of this article may apply for a variance from these provisions in accordance with article II, division 1, and article III, division 4, of this chapter. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the provisions of this article will result in unnecessary hardship, and such relief as may be 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. No application for variance shall be considered unless pursuant to the following:

(1)

The application for a variance shall be accompanied by a completed Federal Aviation Administration Form 7460-1 or successor form. The applicant shall submit these forms to the administrator or his designee along with a processing fee as provided in the fee schedule in Appendix A to this Code. The administrator or his designee shall forward Form 7460-1 or its successor to the Federal Aviation Administration and a copy of the county application for variance form to the state department of aviation by mail or private commercial carrier within five working days of submission. The airport commission shall be forward copies of both forms. The Federal Aviation Administration, state department of aviation and/or airport commission shall have 60 calendar days from the date of their respective receipt of these forms to respond in written comment to the applicant. Copies of all written comments received by the applicant shall be forwarded by the applicant to the administrator or his designee and to the airport commission.

(2)

At the applicant's request, the application for variance may be scheduled for public hearing before the county board of zoning appeals after the 60 calendar day time period has elapsed for written comment from the respective involved agencies. Written comments received after the specified comment period but prior to the public hearing shall be made available for review by the county board of zoning appeals and public at the public hearing. The airport commission shall be served written notice by the administrator or his designee of the date, place and time of such public hearing. The fee prescribed in section 66-52 shall be required at the time the application for variance is scheduled to be heard before the county board of zoning appeals

(Ord. No. 98-2, § 1(66-937(d)), 5-12-1998)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or vegetation 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 state department of aviation, and/or the administrator or his designee. If deemed proper through the failure of the owner of the structure or vegetation or with other reasonable cause, this condition may be modified to require the owner of the structure in question to permit airport commission to install, operate, and maintain the necessary markings and lights.

(Ord. No. 98-2, § 1(66-937(e)), 5-12-1998)

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

(Ord. No. 98-2, § 1(66-937(f)), 5-12-1998)

(a)

Except as otherwise provided in this article in any zone specified in this article no structure shall be erected, located, 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 at any point. The height restrictions, or "floors," for the individual zones shall be those planes delineated as surfaces in the regulations.

(b)

The airport commission shall designate an agent or agents under its employment to perform such calculations as necessary to determine the height restrictions or floors for any location within the individual zones pursuant to the regulations and provisions of this article. The administrator or his designee shall forward information to the agents of the airport commission on forms provided by the airport commission concerning the general location of all structures proposed for construction or location within the airport safety overlay zone. The airport commission, through its agents, shall supply information to the administrator or his designee as necessary to establish height restrictions or floors for specific structures at specific locations within the airport safety overlay zone for the purpose of approving or denying zoning permits issued by the administrator or his designee. The agents of the airport commission shall respond within 15 working days of receipt of the information from the administrator or his designee. Failure of the airport commission's agents to respond within this period shall be deemed acceptance of the height of a structure proposed for construction or location within the airport safety overlay zone.

(c)

In determining whether a permit may be issued, the administrator or his designee shall accept only the calculations and findings of the agents of the airport commission pursuant to subsection (b) of this section. The agents of the airport commission may rely upon others for advice and technical assistance in performing the calculations and with other issues related to the airport commission's involvement with the provisions of this article.

(Ord. No. 98-2, § 1(66-934), 5-12-1998)

Notwithstanding any other provision of this article, and within the area below the horizontal limits of any zone established in this article, no use may be made of land or water in such a manner as to:

(1)

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

(2)

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

(3)

Result in glare in the eyes of pilots using the airport;

(4)

Impair visibility in the vicinity of the airport;

(5)

Create the potential for bird strike hazards;

(6)

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; or

(7)

Construct any permanent building within the runway protection zone. This will not restrict the Virginia Highlands Airport Commission, the state department of aviation, or the Federal Aviation Administration from erecting any structure deemed necessary for the enhancement of flight safety or flight operations.

(Ord. No. 98-2, § 1(66-935), 5-12-1998; Ord. No. 2002-06, § 1(66-935), 3-12-2002)

(a)

Except as otherwise provided in this article, the provisions prescribed in this article shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the provisions of this article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article 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, except as required by other ordinances of this Code.

(b)

The provisions of this article shall not require the removal, lowering or other change or alteration of any structure or vegetation not conforming to this article as of the effective date of the change of the requirements of the regulations, whether due to a change in the enacted regulation or due to a change in the requirements for the airport.

(c)

Notwithstanding the other provisions of this section, the owner of any pre-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 state 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 commission.

(d)

Nothing in this article shall prevent the condemnation of property not in conformity with the provisions of this article by the appropriate governmental authority.

(e)

Whenever a nonconforming structure, vegetation, or activity has been changed to a more limited nonconforming existing use, such existing use may only be changed to an even more limited use. Whenever a nonconforming structure, vegetation, or activity is more than 50 percent destroyed or damaged by a natural or other casualty, or has physically deteriorated, or decayed, or, has been abandoned, only a conforming use may be rebuilt.

(Ord. No. 98-2, § 1(66-936), 5-12-1998)

The provisions of this article shall be made generally applicable to the erection or relocation of new or existing overhead transmission lines, poles and towers of public and private electric power and telephone utilities within the airport safety zones where county permits are otherwise not required pursuant to this chapter. The administrator shall establish procedures for the review of all such structures and appurtenances to the degree necessary and appropriate in keeping with the spirit and intent of this article, and in coordination with utility services providers and the airport commission.

(Ord. No. 98-2, § 1(66-938), 5-12-1998)

The provisions of this article shall not apply to structures of a temporary nature which shall be located within any zone for a period of less than 90 successive calendar days, nor to structures capable of being immediately towed or lowered in elevation or structures fixed to a motorized machine capable of being moved out of any zone immediately upon notice by the administrator or his designee. Temporary structures to be located in any zone for more than 90 successive calendar days shall be reviewed on a case by case basis by the administrator in coordination with the airport commission. The provisions of this section shall not be construed to include manufactured homes as defined in this chapter.

(Ord. No. 98-2, § 1(66-939), 5-12-1998)

It shall be a violation of this article for the owner or operator of any motor vehicle to permit such vehicle to be regularly parked in an approach zone where, in the opinion of the airport commission or administrator, such vehicle causes a continuous or frequent hazard to air navigation. Written notice of such violation shall be forwarded by the administrator or his designee to the owner or operator of such vehicle, if known, or to the owner of the property on which such vehicle is parked, and to the state department of transportation if such vehicle is parked within a right-of-way of that agency. The administrator may designate the sheriff of the county as his designee to enforce the provisions of this section.

(Ord. No. 98-2, § 1(66-940), 5-12-1998)

Cross reference— Stopping, standing and parking, § 38-61 et seq.