ARTICLE III. DISTRICTS

DIVISION 7. OVERLAY DISTRICTS

Sec. 24.1-371. ASM-Airport safety management overlay district.

(a) Statement of intent. In accordance with the objectives of the adopted comprehensive plan and with the laws of the Commonwealth of Virginia, specifically section 15.1-491.02, Code of Virginia, the Airport Safety Management Overlay regulations are intended to protect the public health, safety, and welfare by ensuring that development will occur in such a way as to cause no interference with civil or military air traffic over the county. The purpose of these provisions is to restrict the height of structures and objects of natural growth in the vicinity of any civil or military airport in the county or its environs. Specifically, these provisions are intended to apply to all areas of the county lying within or underneath an imaginary surface or surfaces surrounding any civil or military airport in accordance with the standards set forth in Part 77.25, 77.28, and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, or in successor federal regulations, and as shown on the airport safety zone map adopted by the county.

(b) Applicability. The special provisions established in this section shall apply to all areas designated by the county as airport safety zones in accordance with the standards set forth in Parts 77.25, 77.28, and 77.29, Subchapter C (Obstruction Standards) of Title 14 of the Code of Federal Regulations, or in successor federal regulations. Areas so designated are shown on the airport safety zone map adopted by the county.

(c) The following words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise:

Airport. For the purposes of this section, civil airport shall refer to Newport News-Williamsburg International Airport, and military airport shall refer to Camp Peary Field and Langley Air Force Base.

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

Airport safety zone. All of the area and airspace of the county lying equal to or above an approach surface, approach clearance surface, clear zone surface, conical surface, horizontal surface, inner horizontal surface, outer horizontal surface, primary surface, or transitional surface as they apply to civil and military airports in the county or its environs. These zones are established as overlay zones, superimposed upon the underlying zoning districts, that do not affect the uses and activities of the underlying zoning districts except as provided in this section. The specific airport safety zones are as follows:

Airport zone. A zone that is centered about the runway and primary surface of an airport. For a civil airport, the floor of the airport zone is set by the horizontal surface, and for a military airport it is set by the inner horizontal surface.

Approach zone. A zone that extends away from the end of the primary surface of an airport along the extended runway centerline, the floor of which is set by either the approach surface (for a civil airport) or the approach clearance surface (for a military airport).

Conical zone. A zone, the floor of which is set by the conical surface, that circles around the periphery of and outward from the horizontal surface of a civil airport or from the inner surface of a military airport.

Outer airport zone. A zone that is centered about the runway and primary surface of a military airport, the floor of which is set by the outer horizontal surface.

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

Approach clearance surface. For a military airport, an imaginary surface represented by an inclined plane, symmetrical about the runway centerline extended, beginning two hundred feet (200') [60m] beyond each end of the primary surface at the centerline elevation of the runway end and extending for fifty thousand feet (50,000') [15km]. The slope of the approach clearance surface is fifty to one (50:1) along the runway centerline extended until it reaches an elevation of five hundred feet (500') [150m] above the established airport elevation. It then continues horizontally at this elevation to a point fifty thousand feet (50,000') [15km] from the point of beginning. The width of this surface at the runway end is the same as the primary surface; it flares uniformly, and the width at fifty thousand feet (50,000') [15km] is sixteen thousand feet (16,000') [4800m].

Approach surface. For a civil airport, an imaginary surface longitudinally centered on the extended runway centerline, extending upward and outward from the end of the primary surface at a slope of fifty to one (50:1) for a horizontal distance of ten thousand feet (10,000') 3km], thereafter at a slope of forty to one (40:1) for an additional horizontal distance of forty thousand feet (40,000'). The inner edge of the approach surface is the same width as the primary surface, and it expands uniformly to a width of sixteen thousand feet (16,000') [4800m].

Conical surface. For a civil airport, an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000') [1200m]. For a military airport, an imaginary surface extending outward and upward from the periphery of the inner horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of seven thousand feet (7,000') [2100m] to a height of five hundred feet (500') [150m] above the established airfield elevation.

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.

Horizontal surface. An imaginary surface represented by a horizontal plane one hundred fifty feet (150') [45m] above the established airport elevation for any civil airport, the perimeter of which is constructed by swinging arcs of a 10,000-foot [3km] radius from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

Inner horizontal surface: An imaginary surface represented by a horizontal plane that is oval in shape at a height of one hundred fifty feet (150') [45m] above the established airfield elevation of any military airport. The plane is constructed by scribing an arc with a radius of seven thousand five hundred feet (7,500') [2250m] about the centerline at the end of each runway and interconnecting these arcs with tangents.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds the maximum height for the zone in which it is located as set forth in section 24-371(d) and as shown on the airport safety zone map.

Outer horizontal surface. An imaginary surface represented by a horizontal plane, located five hundred feet (500') [150m] above the established airfield elevation of any military airport, extending outward from the outer periphery of the conical surface for a horizontal distance of thirty thousand feet (30,000') [9km].

Primary surface. An imaginary surface longitudinally centered on a runway. For a civil airport, the primary surface extends two hundred feet (200') [60m] beyond each runway end and has a width of one thousand feet (1,000') [300m]. For a military airport, the primary surface has the same length as the runway and a width of two thousand feet (2,000') [600m].

Runway. A specified area on an airport or airfield prepared for landing and takeoff of aircraft.

Transitional surface. For a civil airport, an imaginary surface extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the approach surface which project through and beyond the limits of the conical surface extend a distance of five thousand feet (5,000') [1500m] measured horizontally from the edge of the approach surface and at right angles to the runway centerline. For a military airport, imaginary surfaces which connect the primary surfaces, the first two hundred feet (200') [60m] of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface, or other transitional surfaces. The slope of the transitional surface is seven to one (7:1) outward and upward at right angles to the runway centerline.

Vegetation. Any object of natural growth.

(d) Height regulations. Except as otherwise provided in this section, no structure shall be erected or altered, 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 airport safety zone provided for in section 24-371(c) at any point. The specific height limitations for each airport safety zone are listed below. Any area located in more than one of the following zones shall be construed to be only in the zone with the most restrictive height limitation. In each case, the prescribed limitation represents the maximum permissible height above the airport elevation of the airport to which said limitation refers.

Airport zone. One hundred fifty feet (150') [45m].

Approach zone. For civil airports, the maximum height shall be zero feet (0') [0m] at the inner edge of the approach surface where it abuts the primary surface, increasing thereafter by one foot (1') for each additional fifty feet (50') [1m:50m] of horizontal distance from the end of the primary surface up to 10,000 feet [3km]. Beyond 10,000 feet [3km], the maximum height shall increase by one foot (1') for each additional forty feet (40') [1m:40m] of horizontal distance from the end of the primary surface, reaching a maximum of 1,200 feet [360m]. For military airports, the maximum height shall be zero feet (0') [0m] at the inner edge of the approach clearance surface where it abuts the clear zone surface, increasing thereafter by one foot (1') for each additional fifty feet (50') of horizontal distance from the clear zone surface, reaching a maximum of five hundred feet (500') [150m].

Conical zone. At the inner edge of the conical zone where it abuts the airport zone, the maximum height shall be one hundred fifty feet (150') [45m] and at the outer edge the maximum height shall be three hundred fifty feet (350') [105m] for civil airports and five hundred feet (500') [150m] for military airports. Between the inner edge and the outer edge, the maximum height shall increase by one foot (1') for each twenty feet (20') [1m:20m] of horizontal distance.

Outer airport zone. Five hundred feet (500') [150m].

Transitional zone. For civil airports, the maximum height shall be the same as in the approach zone where it abuts the transitional zone, increasing by one foot (1') for every seven feet (7') [1m:7m] of horizontal distance from the approach surface up to a maximum of five thousand feet (5,000') [1500m] of horizontal distance.

(e) Variances.

(1) An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of article IX. Prior to being considered by the board, any such application 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.

(2) In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to, requirements 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 zoning administrator.

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