[Added 10-8-1991]
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:
The official charged with the enforcement of this article
shall be the Zoning Administrator.
The New Market Airport.
[Amended 9-23-1997 by Ord. No. 97-7]
The highest point on any usable landing surface expressed
in feet above mean sea level.
The airspace zones as set forth in § 165-140 of this article.
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.
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 § 165-141 of this article and shown on the Zoning Map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
Any preexisting structure or object of natural growth which
is inconsistent with the provisions of this article or any amendment
to this article.
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.
A certification issued by the Zoning Administrator of Shenandoah
County allowing a person to begin an activity in accordance with this
article.
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.
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.
A specified area on an airport prepared for landing and takeoff
of aircraft.
An area included in the transitional surface.
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.
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.
Any object of natural growth.
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.
A.
In order to carry out the provisions of this article, there are hereby established certain zones which include all of the area and airspace of Shenandoah County lying equal to and above the approach surfaces and transitional surfaces as they apply to the New Market 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 §§ 165-140 and 164-141. 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:
(1)
Approach zone. A zone that extends away from the runway
and ends along the extended runway center line, with the floor set
by the approach surfaces.
(2)
Transitional zone. A zone that is perpendicular to
the runway center line and tapers to connect the outermost edge of
the approach surface with the floor set by the transitional surface.
(3)
Clear zone. A zone that stands away from the runway
and ends along the extended runway center line for a horizontal distance
of 1,000 feet, with the floor set by the approach surfaces.
B.
The source and the specific geometric design standards
for these zones are defined in Rule 19 of the Rules and Regulations
of the Virginia Department of Aviation. A copy of these design standards
is found in the appendix of this article.[1]
[1]
Editor's Note: The design standards are included
at the end of this chapter.
A.
Except as otherwise provided in this article, in any zone created by this article 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, also known as the "floor," of any zone provided for in § 165-140 of this article at any point.
B.
The height restrictions, or floors, for the individual
structures shall be those planes delineated as surfaces in Rule 19
of the Rules and Regulations of the Virginia Department of Aviation.
A copy of these design standards is found in the appendix of this
article.[1]
[1]
Editor's Note: The design standards are included
at the end of this chapter.
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.
A.
Except as provided in Subsection B of this section and § 165-144B of this article, the regulations prescribed by this article 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 article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article shall require any change in 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.
Notwithstanding the provision of 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.
A.
Except as provided in Subsections B and C of this section, no structure shall be erected or otherwise established in any zone created by this article 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 article. No permit for a structure inconsistent with this article shall be granted unless a variance has been approved as provided in Subsection D.
B.
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 article or any amendments thereto other than with relief as provided for in Subsection D.
C.
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 article, except with the relief as provided for in Subsection D.
D.
Any person desiring to erect or increase the height
or size of any structure not in accordance with the regulations prescribed
in this article may apply for a variance from such regulations to
the Shenandoah County Board of Zoning Appeals (Board). No such variance
shall be authorized except after notice and hearing, as required by
§ 15.2-2204 of the Code of Virginia, as amended. Prior to
being considered by the Board, 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 article.
E.
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 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 through the failure
of the owner of the structure or with other reasonable cause by the
Board, 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.
F.
Applications for permits and variances shall be made
on forms available from the Administrator, with such forms allowing
for enough specific detail such that proper analysis can be given
the request.
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.
A.
An appeal to the Board may be taken by any person
aggrieved or by any office, department, board or bureau of the County
or municipality affected by any decision of the Zoning Administrator.
Such appeal shall be taken within 30 days after the decision appealed
from by filing with the Zoning Administrator and with the Board a
notice of appeal specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed was taken. An appeal shall
stay all proceedings in furtherance of the action appealed unless
the Zoning Administrator certifies to the Board that by reason of
facts stated in the certificate a stay would in his opinion cause
imminent peril to life or property, in which case proceedings shall
not be stayed otherwise than by a restraining order on application
and on notice to the Zoning Administrator and for good cause shown.
B.
Appeals shall be mailed to the Board of Zoning Appeals, care of the Zoning Administrator, and a copy of the appeal mailed to the Secretary of the Planning Commission. A third copy should be mailed to the individual official, department or agency concerned, if any. The County Planning Commission may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing. Appeals shall be accompanied by a certified check for the amount provided for in Chapter A170, Fees, made payable to the Treasurer, Shenandoah County.
[Amended 9-23-1997 by Ord. No. 97-7]
C.
The Board shall fix a reasonable time for the hearing
of an application or appeal, give notice thereof as due notice to
the properties in interest and decide the same within 90 days. In
exercising its powers, the Board may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
of an administrative officer or decide in favor of the applicant on
any matter upon which it is required to pass under this chapter or
to affect any variance from this chapter.
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.
