Article VIII. - Airport Safety Zoning#

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Sec. 8-26. - Title.#

This ordinance [article] shall be known and may be cited as the Town of Blackstone Airport Safety Zoning Ordinance.

(Ord. of 1-21-97, art. 1)

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Sec. 8-27. - Definitions.#

As used in this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Administrator. The zoning administrator is charged with the enforcement of this article.

Airport. Blackstone Allen C. Perkinson Municipal Airport.

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

Approach surface. A surface, whose design standards are referenced in section 8-28 of this article, longitudinally centered on the extended 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 set forth in article 8-29 of this article. 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 section 8-28 of this article.

Conical surface. A surface, whose design standards are referenced in section 8-28 of this article, extending and sloping horizontally and 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.

Height. For the purpose of determining the height limits in all zones set forth in section 8-29 of this section and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.

Horizontal surface. A horizontal plane of 150 feet above the established airport elevation, whose design standards are referenced in section 8-28 of this article, 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 section 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 section 8-29 of this section.

Permit. A document issued by the town allowing a person to begin an activity which may result in any structures or vegetation exceeding the height limitations provided for in this chapter.

Person. 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, whose design standards are referenced in section 8-28 of this section, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 2,000 feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

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, poles and electric lines of overhead transmission routes, flag poles, and ship masts.

Transitional surfaces. Surfaces, whose design standards are referenced in section 8-28 of this article, which extend outward perpendicular to the runway centerline 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.

Vegetation. Any object of natural growth.

Zone. All areas provided for in section 8-28 of this article, 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 section 8-29 of this article.

(Ord. of 1-21-97, art. 2)

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Sec. 8-28. - Airport safety zones.#

(a) In order to carry out the provisions of this article, there are hereby established certain zones which include all the area and airspace of the town lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Blackstone Allen C. Perkinson Municipal 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 section 8-29 of this article. 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) These zones are as follows:

(1) Airport zone. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

(2) Approach zone. A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

(3) Transitional zone. A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

(4) Conical zone. A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

(5) The source of the specific geometric standards for these zones are to be found in Part 77.25, 77.28 and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is found in the appendix of this ordinance.

(Ord. of 1-21-97, art. 3)

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Sec. 8-29. - Airport safety zone height limitations.#

(a) 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 section 8-28 of this chapter at any point.

(b) The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28 and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is found in the Appendix of this chapter.

(Ord. of 1-21-97, art. 4)

Editor's note— A complete copy of said appendix is available at the office of the clerk for inspection by the public at all times during normal business hours.

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Sec. 8-30. - Use restrictions.#

Notwithstanding any other provisions 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 a manner as to:

(1) Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;

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

(3) Result in unreasonable 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; or

(6) Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. of 1-21-97, art. 5)

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Sec. 8-31. - Nonconforming uses.#

(a) Except as provided in subsection (b) of this section and section 8-32(b) 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 ordinance, 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 ordinance, and is diligently prosecuted.

(b) Notwithstanding the provision of subsection (a) above, 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.

(Ord. of 1-21-97, art. 6)

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Sec. 8-32. - Permits.#

(a) 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 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 to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with this article shall be granted unless a variance has been approved as provided in subsection (d) of this section.

(b) No permit shall be granted that would allow the establishment or creation of an observation 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) of this section.

(c) Whenever the administrator 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 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 in subsection (d) of this section.

(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 Board of Zoning Appeals. Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the Board of Zoning Appeals 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. Additionally, no application for a variance to the requirements of this article may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the airport owner for advise as to the aeronautical effects of the variance. If the airport owner does not respond to the application within 15 days after receipt, the Board of Zoning Appeals may act independent of the airport owner's position to grant or deny the variance.

(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 with reasonable cause by the Board of Zoning Appeals, 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.

(Ord. of 1-21-97, art. 7)

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Sec. 8-33. - Enforcement.#

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 circuit court. Applications for permits and variances shall be made to the administrator on a form published for that purpose.

(Ord. of 1-21-97, art. 8)

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Sec. 8-34. - Appeals.#

Any person aggrieved, or any officer, department, board, or bureau of the Town of Blackstone affected by a decision of the administrator may appeal such decision to the Board of Zoning Appeals.

(Ord. of 1-21-97, art. 9)

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Sec. 8-35. - Judicial review.#

Any person aggrieved or any taxpayer adversely affected by any decision of the board of zoning appeals may appeal to the circuit court within 30 days of final decision by the board.

(Ord. of 1-21-97, art. 10)