[HISTORY: Adopted by the Board of Supervisors of Carroll County 1-8-1992. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Twin County Airport Safety Zoning Ordinance."
As used in this chapter, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:
- The official charged with the enforcement of this chapter.
He or she shall be the Carroll County Building Official.[Amended 11-14-2013]
- Twin County Airport.
- AIRPORT ELEVATION
- The highest point on any usable landing surface expressed in feet above mean sea level.
- APPROACH SURFACE
- A surface longitudinally centered on the extended runway center line, 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 § 72-4 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
- APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
- The airspace zones as set forth in § 72-3 of this chapter.
- CONICAL SURFACE
- A surface extending horizontally 20 feet for every one foot 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 have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the commonwealth.
- 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 (MSL) elevation unless otherwise specified.
- HORIZONTAL SURFACE
- A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
- NONCONFORMING USE
- Any preexisting structure or object of natural growth which is inconsistent with the provisions of this chapter or any amendment to this chapter.
- 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 § 72-4 of this chapter.
- A document issued by Carroll County allowing a person to begin an activity which may result in any structures or vegetations exceeding the height limitations provided for in this chapter.
- Any individual, firm, partnership, corporation, company, association, joint-stock 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 a specified width as provided in § 72-3 of this chapter, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each 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 specified area on an airport prepared for landing and takeoff of aircraft.
- Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, poles, and electric lines of overhead transmission routes, flagpoles, and ship masts.
- TRANSITIONAL SURFACES
- Surfaces which extend outward perpendicular to 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.
- Any object of natural growth.
- All areas provided for in § 72-3 of this chapter, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway center line and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in § 72-4 of this chapter.
In order to carry out the provisions of this chapter, there are hereby established certain zones which include all of the area and airspace of Carroll County lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Twin County Airport. These zones are established as overlay zones, superimposed over any existing base zones, being more specifically zones of airspace that do not affect the uses and activities of any base zones except as provided for in § 72-5 of this chapter. 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:
Airport zone: a zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.
Approach zone: a zone that extends away from the runway ends along the extended runway center line, with the floor set by the approach surfaces.
Transitional zone: a zone that fans away perpendicular to the runway center line and approach surfaces, with the floor set by the transitional surfaces.
Conical zone: a zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.
The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available online at http://www.ecfr.gov. In addition, the individual zones are mapped on the Official Airport Safety Zoning Map which is made a part of this chapter and is housed in the Carroll County Building Official's office.
Except as otherwise provided in this chapter, in any zone created by this chapter, 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, known as the "floor," of any zone provided for in § 72-3 of this chapter at any point.
The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available online at http://www.ecfr.gov.
Notwithstanding any other provisions of this chapter, and within the area below the horizontal limits of any zone established by this chapter, no use may be made of land or water in such a manner as to:
Create electrical interference with navigational signals or radio communication between the airport and airborne 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 intending to use the airport.
Except as provided in Subsection B of this section, the regulations prescribed by this chapter 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 chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this chapter 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 chapter and is diligently prosecuted.
Notwithstanding the provision in 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 A, B, and C of this section, no structure shall be erected or otherwise established in any zone created by this chapter, 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 chapter. No permit for a structure inconsistent with this chapter 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 chapter 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 chapter, 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 chapter may apply for a variance from such regulations to the Carroll County Planning Commission. Such application shall be properly advertised and be reviewed and considered through a public hearing. The Planning Commission shall recommend to the Board of Supervisors either the granting or denial of the variance. Prior to being considered by the Carroll County Planning Commission, 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 chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Carroll County Planning Commission unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within 45 days after receipt, the Carroll County Board of Supervisors may act independent of the airport owner's position to grant or deny the variance.
Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter 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 with reasonable cause by the Carroll County Board of Supervisors, 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.
The administrator shall administer and enforce the regulations prescribed in this chapter. He or she shall be vested with the police power incumbent to carry out and effectuate this chapter, including the action of injunction, prosecution and other available means through the Carroll County Board of Supervisors. Applications for permits and variances shall be made to the administrator on a form published for that purpose.
Any person aggrieved or any officer, department, board, or bureau of Carroll County affected by a decision of the administrator may appeal such decision to the Carroll County Board of Supervisors.
Any person aggrieved or any taxpayer adversely affected by any decision of the Carroll County Board of Supervisors may appeal to the Circuit Court of Carroll County.
Each violation of this chapter or of any regulation, order, or ruling promulgated under this chapter shall constitute a Class 1 misdemeanor. Each day on which a violation occurs shall constitute a separate offense.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter 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.