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HomeMy Public PortalAbout1990_10_24_R264L....:~£ ces~urg ~n ¢Vr'rgin~a RESOLUTION NO.: A RESOLUTION: PRESENTED October 24, 1990 90-264 ADOPTED October 24, 1990 INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE CREATING AN AIRPORT SAFETY OVERLAY DISTRICT WHEREAS, Title 15.1-491.02 of the 1950 Code of Virginia, as amended requires the governing body of local municipalities in whose jurisdiction a licensed airport is located, to adopt by July 1, 1991 an ordinance which regulates the height of structures and natural growth for the purpose of protecting the safety of air navigation; and WHEREAS, the Town of Leesburg derives economic development and enhanced interstate commerce from the Leesburg Municipal Airport; and WHEREAS, the concern for public safety dictates that the Leesburg Municipal Airport be protected by the highest possible safety standards: THEREFORE, RESOLVED by the Coundl of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Article 5 of the Leesburg Zoning Ordinance is hereby initiated, said amendment to read as follows: SEC-~ON 5D - AIRPORT SAFETY OVERLAY DISTEICT Section 5D-1. PURPOSE AND INTENT The purpose of the Airport Safety Overlay District is to regulate and restrict the height of structures, objects or natural growth, and otherwise regulate the use of property in the vicinity of the Leesburg Municipal Airport by creating the appropriate zones and establish/nM the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; providing for enforcement; and imposing penalties. Accordingly, it is declared: (1) That in the interest of the public health, safety, and general welfare, prevention of obstructions that are hazards to air navigation is necessary; (2) 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; (3) 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 -2- INITIATING AMENDMENTS TO THE LEESBURG ZONING SAFETY OVERLAY DISTRICT ORDINANCE CREATING AIRPORT (4) That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. Section 5D-2 APPLICABILITY This Article shall apply to all zones designated on the Airport Safety District Map within the Corporate limits of the Town of Leesburg where it is found that obstructions as defmed by this Article have the potential for endangering the lives and property of users of the airport and residents in the Town of Leesburg; and that an obstruction rosy impact the areas avsilsble for landing, takeoff, and m~neuvering 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 AdminL~trator. (2) (3) "Airport": Leesburg Municipal Airport. "Airport Elevation": The highest point on any usable landing surface expressed in feet above mean sea level. (4) "Approach Surface": A surface 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 Section 5D-5. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. (5) "Approach, transitional, horizontal, and conical zones": The airspace zones as set forth in Section 5D-4 of this ordinance. (6) "Board of Zoning Appeals": Refers to the Board of Zoning Appeals of the Town of Leesburg. (7) "Conical Surface": A surface extending horizontally twenty feet for every foot vertically from the periphery of the horizontal surface. (8) "H~ard to Air Navigation": An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Admini.~tration to have substantial adverse effect on the safe and efficient ut'dization of navigable airspace in the Commonwealth. (9) "Height": For the purpose of determlnlug the height limits in all zones set forth in this ordinance and shown on the Airport Safety District Map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified. -3- INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE CREATING AIEPORT SAFETY OVERLAY DISTRICT (10) "Horizontal Surface": A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. (11) "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 Airport. (12) "Nonconforming Use": Any existing or new structure, or object of natural growth which is inconsistent with the provisions of this ordhmnce or any amendment to this ordinance. (13) "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. (14) "Person": Any individ,,-l~ fn-~, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a slmil,~' representative of any of them. (15) "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 bard surface, the prim-,7 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. (16) "Runway": A specified area on an airport prepared for landing and takeoff of (17) "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. (18) "Transitional Surfaces": Surfaces which extend outward perpendic,,1,r 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. (19) (20) "Vegetation": Any object of natural and/or planted growth. "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. -4- INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE CREATING AIRPORT SAFETY OVERLAY DISTRICT (21) "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 SAFETY ZONES In order to implement the provisions of this ordinance, certain zones are established 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 Municipal 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 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: (1) "Airport Zone": A zone that is centered about the runway and prinmry 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) (4) "Transitional Zone": A zone that fans away perpendio_da~ to the runway centerline and approach surfaces, with the floor set by the transitional surfaces. "Conical Zone": A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. Section 5D-5. AIRPORT SAFETY ZONE HEIGHT LIMITATIONS (1) Except as otherwise provided in this ordinance, in any zone created by this ordinance no structure shall be erected, altered, or mair~talned, 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 5D-4 at any point. (2) The specific geometric standards, height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. The official map which depicts the Airport Safety Zones height restrictions shall be maintained by the administrator. Section 5D-6 USE RESTRICTIONS Notwithstanding any other provisions of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to: (1) Create electrical interference with navigational si~al.~ or radio communication between the airport and airborne aircraft; -5- INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE CREATING AIRPORT SAFETY OVERLAY DISTRICT (2) Diminish the ability of pilots to distinguish between airport lights and other lights; (3) Result in 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. Section 5D-7. NONCONFORMING USES (1) Except as provided in Section 5D-7(2), the regulations prescribed by this ordinance 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 ordinance shall require the removal, lowering, or other change or alteration of any structure which construction was begun prior to the effective date of this ordinance, and is in the process of being diligently pursued toward completion. (2) Notwithstanding the provision Section 5D-7(1), the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever m~rkers and lights deemed necessary by the Federal Aviation Administration, the V~rginia Department of Aviation, the Leesburg Airport Commission, 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. Section 5D-8. ZONING PERMITS (1) Except as provided in Sections 5D-8(1), 5D-8(2), and 5D-8(3), no structure shall be erected or otherwise established in any zone created by this ordinance unless a zoning permit issued by the administrator shall have been applied for and grantech Each application for a zoning permit shall indicate the purpose for which desired, and provide sufficient geometric specificity to determine if the structure will conform to the regulations prescribed in this ordinance. No zoning permit for a structure inconsistent with this ordinance shall be granted unless a variance has been approved as provided in Section 5D-8(4). (2) No zoning permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to -6- INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE CREATING AIRPORT SAFETY OVERLY DISTRICT become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in Section 5D-8(4). (3) Whenever the administrator determines that a nonconforming structure has been abandoned or more than £~'~ty percent destroyed, physically deteriorated, or decayed, no zoning 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 ordinance, except with the relief as provided for in Section 5D-8(4). (4) Any person desiring to erect or increase the height or size of any structure not in conformance with the regulations of this ordinance may apply for a variance from the Board of Zoning Appeals if accompanied with a recommendation from the Leesburg Airport Commission. The Commi.~on shall consider the effect of the proposal on the operation of air navigation facilities, and determine whether the safe and efficient use of navigable airspace is impeded. 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 ordinance. The issuance of zoning permits by the administrator may be subject to a final determination from the Virginia Department of Aviation that the safety of the airport is not impaired. (5) Any zoning permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circu~ms~ces, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such msrkings and lights as rosy be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, Leesburg Airport Commission, 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 instal~ operate, and malrltain the necessary markings and lights. Section 5D-9. ENFORCEMENT (D The administrator shall enforce the regulations prescribed in this ordinance and be vested with the police power incumbent to carry out and effectuate this ordinance, including the action of injunction, prosecution and other av~ilshle means through the appropriate Circuit Court. Applications for zoning permits and variances shall be made to the administrator on a form provided for that purpose. Section 5D-10. APPEALS (1) Any person aggrieved, or any officer, department, board, or bureau affected -7- INITIATING AMENDMENTS TO THE LEESBURG ZONING ORDINANCE CREATING AIRPORT SAFETY OVERLAY DISTRICT by a decision of the administrator may appeal such decision to the Board of Zoning Appeals. Section 5D-11. JUDICIAL REVIEW (1) Any person aggrieved or any taxpayer adversely affected by any decision of the Board of Zoning Appeals may appeal the decision to the appropriate Circuit Court. Section 5D-12. PENALTIES (1) Each violation of this ordinance or of any regulation, order, or ruling promulgated under this ordinance shall constitute a misdemeanor and be punishable by a fme of no more than five hundred dollars. Each day on which a violation occurs shall constitute a separate offense. Section 5D-13. CONFLICTING REGULATIONS (1) Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any 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 shah govern. Section 5D-14. SEVERABILITY (1) Should any portion or provision of this ordinance be held by any court to be unconstitutional or invalid, that decision shall 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 II. The Leesburg Planning Commission shall conduct a public hearing on this legislation, pursuant to Section 15.1-431 of the 1950 Code of Virginia, as amended, and report its recommendation to the Town Council within 90 days of the hearing date. PASSED this 24th day of O~z~ober ,1990. Robert E. Sevila, Mayor Town of Leesburg Aq~EST: Clerk of Council R:Airport