This article is adopted pursuant to the authority
conferred by Chapter 22 of Title 15.2, and specifically to satisfy
the requirements of § 15.2-2294 of the Code of Virginia
1950, as amended. It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the airports and
residents of Shenandoah County; and that an obstruction may reduce
the size of areas available for the landing, takeoff and maneuvering
of aircraft, thus tending to destroy or impair the utility of the
airports and the investment therein. Accordingly, it is declared that:
A. It is necessary 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.
B. The creation or establishment of an obstruction has
the potential for being a public nuisance and may injure the area
served by the airports.
C. That Shenandoah County derives economic development
and enhanced interstate commerce from the New Market Airport when
such airports and their surrounding vicinity are held strictly to
the highest possible safety standards.
[Amended 9-23-1997 by Ord. No. 97-7]
D. That the prevention of these obstructions should be
accomplished, to the extent legally possible, by the exercise of the
police power without compensation.
As used in this article, the following terms
shall have the meanings respectively ascribed to them, unless the
context clearly requires otherwise:
ADMINISTRATOR
The official charged with the enforcement of this article
shall be the Zoning Administrator.
AIRPORT
The New Market Airport.
[Amended 9-23-1997 by Ord. No. 97-7]
AIRPORT ELEVATION
The highest point on any usable landing surface expressed
in feet above mean sea level.
APPROACH SLOPE
An imaginary surface, longitudinally centered on the extended
runway center line, beginning 100 feet from the end of the runway
and extending outward and upward at a fifteen to one (15:1) slope
for a distance of 5,000 feet. The inner edge of the "approach slope"
is the same width as the primary surface and expands uniformly to
a width of 1,200 feet. The geometric design of the "approach slope"
coincides with the Commonwealth of Virginia Rule 19 Surfaces in effect
on August 1991.
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.
HEIGHT
For the purpose of determining the height limits in all zones set forth in §
165-141 of this article and shown on the Zoning Map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
NONCONFORMING USE
Any preexisting structure or object of natural growth which
is inconsistent with the provisions of this article or any amendment
to this article.
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 §
165-141 of this article.
PERMIT
A certification issued by the Zoning Administrator of Shenandoah
County allowing a person to begin an activity in accordance with this
article.
PERSON
Any individual, firm, partnership, corporation, company,
association, joint-stock association or government entity. The term
includes a trustee, a receiver, an assignee, or a similar representative
of any of them.
PRIMARY SURFACE
A surface, 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 center line.
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 formations, towers, poles and electric lines of
overhead transmission routes, flag poles and ship masts.
TRANSITIONAL SURFACE
An imaginary surface extending outward and upward at right
angles from the edge of the primary surface for a horizontal distance
of 1,666.7 feet on an upward slope of five to one (5:1). The "transitional
surface" gradually tapers from the 1,666.7 foot mark until it connects
with the outermost edge of the approach slope. The side slope area
is included in the "transitional surface." The geometric design of
the "transitional surface" coincides with the Commonwealth of Virginia
Rule 19 Surfaces in effect in August 1991.
ZONE
All areas provided for in §
165-140 of this article, generally described in three dimensions by reference to ground elevation, horizontal distances from the runway center line and the primary surface and with the zone floor set at specific vertical limits by the surfaces found in §
165-141 of this article.
Notwithstanding any other provision of this
article, and within the area below the horizontal limits of any zone
established by this article, no use may be made of land or water in
such manner as to:
A. Create electrical interference with navigational signals
or radio communications between the airport and the aircraft;
B. Diminish the ability of pilots to distinguish between
airport lights and other lights;
C. Result in glare in the eyes of pilots using the airport;
D. Impair visibility in the vicinity of the airport;
E. Create the potential for bird strike hazards; or
F. 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.
The Administrator shall administer and enforce
the regulations prescribed in this article. He or she 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 courts having jurisdiction in Shenandoah County.
Any person or persons jointly or individually
aggrieved by any decision of the Board may present to the Circuit
Court of Shenandoah County a petition specifying the grounds on which
aggrieved within 30 days after the Board has reached its decision.
[Amended 9-23-1997 by Ord. No. 97-7]
Each violation of the provisions of this article
or of any regulation, order or ruling promulgated under this article
shall constitute a Class 1 misdemeanor. Each day that the violation
continues to exist shall constitute a separate offense.
Where there exists a conflict between any of
the regulations or limitations prescribed in this article and 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.