HomeMy Public PortalAbout2000_04_25_O010 Zoning Ordinance Amendments - Airport Safety Overlay DistrictThe Town of
eesburg,
irginia
ORDINANCE NO.
2000-0-10
PRESENTED
ADOPTED
April 25, 2000
April 25, 2000
AN ORDINANCE:
APPROVING ZONING ORDINANCE AMENDMENTS TO SECTION
5D AIRPORT SAFETY OVERLAY DISTRICT TO PROVIDE FOR
NOISE ATTENUATION MEASURES AND OVERFLIGHT
NOTIFICATION PROCDURES IN CERTAIN RESIDENTIAL
DISTRICTS WITHIN THE VICINITY OF I.F. ESBURG EXECUTIVE
AIRPORT
WHEREAS, the Environmental Element Policies of the Leesburg 1997 Town Plan call for
development to respect environmental factors that affect the quality of life of Leesburg residents,
including noise control; and
WHEREAS, the Town Council believes that the zoning of the Town should be consistent
with the policies of the 1997 Tnwn Plan; and
WHEREAS, the proposed amendments are consistent with the goals of the 1997 Town
Plan; and
WHEREAS, the public necessity, convenience, general welfare and good zoning practice
require the proposed amendments.
THEREFORE, ORDAINED by the Council of the Town Leesburg in Virginia as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended to include the text as
stated below:
SECTION 5D - AIRPORT SAFETY OVERLAY DISTRICT
~qectinn SD-1. PIIRPO~qF. AND 1NTi=NT
The purpose of the Airport Safety Overlay District is to regulate and restrict the height of structures,
objects or natural growth, regulate the loeation,q of noi.qe ,qen.qitive u,qe.q: and otherwise regulate the
use of property in the vicinity of the Leesburg Mmdcipal Exec.tive Airport by creating the
appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions
and boundaries of such zones; defining certain terms used herein; providing for enforcement; and
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ZONING ORDINANCE AMENDMENTS TO AIRPORT SAFETY OVERLAY DISTRICT
imposing penalties. Accordingly, it is declared:
(1)
(2)
(3)
That in the interest of the public health, safety, and general welfare,
prevention of obstructions that are hazards to air navigation is necessary;
That the creation or establishment of an obstruction has the potential for
being a public nuisance and may injure the area served by the airport;
That the Town of Leesburg derives economic development and enhanced
interstate commerce from the Leesburg Municipal ~ Airport which
are held strictly to the highest possible safety standards; and
Section 5D-2 APPIJCAlqlI,ITY
This Article shall apply to all zones designated on the Airport Safety District Map and the Aimort
Noise Overlay District Map within the Corporate limits of the Town of Leesburg where it is found
that obstructions as defined by this Article have the potential for endangering the health; lives and
property of users of the airport and residents in the Town of Leesburg; and that an obstruction may
impact the areas available for landing, takeoff, and maneuvering of aircraft, thus impairing the
safety and utility of the airport and adversely affecting the substantial public investment in the
airport.
Section 5D-3 DEFINITIONS
As used in this ordinance, the following terms shall have the meanings respectively ascribed to
them, unless the context clearly requires otherwise:
(1)
"Administrator": The official charged with enforcement of this ordinance.
He or she shall be the Town of Leesburg's Zoning Administrator.
(A) "Airport": Leesburg Mu.icipal Executive Airport.
[Definitions No. 3 through 10 omitted but to remain the same]
(A)
lJdn: The symbol for "yearly day-night average sonnd level": which means the
average daily sound leve~ (ha~ed on a 365-dav avera~e~, in decibels_ for the neriod
from ~nidni~ht to midnigl~t: obtained after ti~e addihc~fi of ten dec'ibels to ~onnd
levels for the periods between 10 p.m_ and 7 a.m.: local time.
(B)
45 db(A) I.dn: The symbol for the reonired level of noise attennation in
residential stmctnres con~tnmted within the ~rea between airnort noise contonr 60
and aimnrt noise contnnr 65: meaning a required yearly inte~or day-night average
sonnd l~evel of 45 decihels or less. ~
(1-1-3)
"Leesburg Airport Commission": An advisory commission appointed by the
Leesburg Town Council whose responsibilities include, but is not limited to land
acquisition, construction, improvement, maintenance and operation of the Leesburg
Municipal Execntive Airport.
(1~4) "Nonconforming Use": Any existing or new structure, or object of natural growth,
which is inconsistent with the provisions of this ordinance or any amendment to this
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ZONING ORDINANCE AMENDMENTS TO AIRPORT SAFETY OVERLAY DISTRICT
ordinance.
(15~5)
"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 5D-5.
(146)
"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.
(is2)
"Primary Surface": A surface, with a specified width as provided in Section 5D-4,
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 centerline.
(168) "Runway": A specified area on an airport prepared for landing and takeoff of
aircraft.
(199)
"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.
( 211)
"Transitional Surfaces": Surfaces 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.
(-1921) "Vegetation": Any object of natural and/or planted growth.
(202)
"Zone": All areas provided for in Section 5D-4, 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 a specific vertical limits by the surfaces
found in Section 5D-5.
(24-3)
"Zoning Permit": A document issued by Town of Leesburg allowing an activity
which may result in structures or vegetation which exceed the height limitations
provided for in this ordinance.
Section 5D-4_ AIRPORT SAFF. TY ZONES
In order to implement the provisions of this ordinance, eertairr four zones are established as ~qhown
on the Aim. on Safety District Man which include the area and airspace of the Town of Leesburg
lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and
conical surfaces as they apply to Leesburg Municit, al Execntive Airport. These zones are
established as overlay zones, superimposed over the existing zoning districts, being more
specifically zones of airspace that do not affect the uses and activities of the zoning district except
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ZONING ORDINANCE AMENDMENTS TO AIRPORT SAFETY OVERLAY DISTRICT
as provided for in Section 5D-6. 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 Safety Zones omitted but to remain the same]
Section 5D-14. AIRPORT NOISE OVERI,AY DISTRICT PIOIINDARI'ES
The Ai~ort Noise Overlay District honndaries shall be based on the 1 An 60 and 65 noise contour.*.
and an area that extends one (1) mile beyond the lztn 60 contours_ The Town shall use as a basis
for delineating the 1 An noise contours the I ~,esbnrg Municipal Ai~ort Environmental Assessment
Report dated October: 1085. For the pn~ose of administering these regulations the Airport Noise
Overlay District shall have the following three (3) components;
(1) l,dn 65 aircraft noise contour or higher_
(2) Idn 60 to 65 aircraft noise contours_
(3) One Mile Fhfffer Area measured from outside the I xtn 60 aircraft noise contour.
SECTION SD-15_ AIRPORT NOISE OVERT ,AY DISTRICT I ISE 1 ,IMITATIONS
In addition to the regulations and use limitations for the zoning district over which an Airport
Noise Overlay District is located: and in addition to the restrictions of the Aimort Safety Zones
set out in Section 5D-6: the following use limitations shall apply within the Airport Noise
Overlav Di.qtrict:
(A) One Mile Plnffer Area -For area.q omqide of: hut within one (1) mile of the l,dn 60
aircraft noise contonr:
Disclo~qnre Statement: A disclosure statement shall he reouired for all residential
dwelling units to he constnmted outside of, but within one (1) mile of the I,dn 60 aircraft
noise contour_ The seller shall disclose in writing to all prospective purchasers that they
are located within an area that will he effected by aircraft overflights and aircraft noise,
Such notification will he accomplished hy inclusion of this information in all sales
contracts: Brochures and promotional documents: including illustrative project plans on
display within any sales related office: as well as in Homeowner Association Documents,
and by inchmion on all subdivision plats and develonment plans: and within all Deeds of
Convevance_
(B) l,dn 60 to 65 aircraft noise Contours:
(1) Di.qclnsure Statement: A disclnsnre statement shall he reonired for all residential
dwelling units to he constructed hetween the I,dn 60 to 65 aircraft noise contours. The
seller shall disclose in writing tn all prospective purchasers that they are located within an
area that will he effected bv aircraft overflights and aircraft noise_ Such notification will
be accomplished hy inclusion of this information in all sales contracts: hrochnres and
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ZONING ORDINANCE AMENDMENTS TO AIRPORT SAFETY OVERLAY DISTRICT
promotional documents; including illustrative project plans on disrday within any sales
related office; a~q well as in Homeowner Association Documents; and by inclusion on all
subdivision plats and development plans: and within all Deeds of Conveyance_
(2) Acoustical Treatment: For all residential nnits located between the l,dn 60 to 65
aircraft noise contonrs: a subdivider or developer shall incorporate acoustical treatment
into all dwelling units to insure that interior noise levels within living spaces (not.
including garages; snnrooms or porches) do not exceed an average noise level of 45
dh(A) I,dn. Compliance with this standard shall he based noon a certification from an
acoustical engineer licensed in the Commonwealth of Virginia: submitted at the time of
zoning permit issuance: that the design and construction methods and materials to he
used in the dwelling are such that the foregoing standard will he met; assuming exterior
noise levels between l,dn 60 to 65.
(c)
In aircraft noise contonrs I,dn 65 or higher: residential dwellings shall not he permitted.
However; new dwelling units and additions to existing dwellings may be permitted
nrovided that:
(1) The lot was recorded or had record plat approval prior to the adoption of this
Ordinance.
(2) The new dwelling unit or addition complies with the acoustical treatment
_ requirements for residential districts set forth in the Virginia llniform
_ Statewide lqnilding Code.
(D) Disclosure Statement
A disclomire statement shall be nlaced on all snhdivision nlats; develonment ~ nlans and
deeds reouired for subdivision o~' develonment plan approval for anv n~rcel or dev'elonment
within the Airport Noise Overlay District: identi~ing any lot which' is located within the
Ai~ort Noise Overlay District_ The statement must also identify the component of the
District in which the lot is located_
Section 5D--~ 16. SEVF~RAFIIIJTY
Should any portion or provision of this ordinance be held by any court to be unconstitutional or
invalid, that decision shal! not affect the validity of the ordinance as a whole, or any part of the
ordinance other than the part held to be unconstitutional or invalid.
SECTION 1I. All prior ordinances in conflict herewith are hereby repealed.
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court
of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or
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ZONING ORDINANCE AMENDMENTS TO AIRPORT SAFETY OVERLAY DISTRICT
any remaining provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this 25th day of ~.pril ,2000.
ATTEST:
C[er'k 'o-f C~uncil
Japn~s E. Clem, Mayor
Town of Leesburg
zoam9907