Sec. 45-3103. - Airport zones and zoning map.
Sec. 45-3104. - Airport zone height limitations.
Sec. 45-3105. - Airport approach restricted use zone.
Sec. 45-3106. - Nonconforming uses.
Sec. 45-3108. - Conflict with other regulations.
(a)
The purpose of this article is to regulate the use of property in the vicinity of Newport News/Williamsburg International Airport located within the City of Newport News by establishing an airport approach restricted use zone. All regulations set forth in this article shall apply in regulating the height of structures and objects of natural growth.
(b)
It is hereby found that an airport hazard endangers the lives and property of the users of an airport and of the occupants of land in its vicinity and, if the obstruction type, reduces the size of the area available for landing and maneuvering of aircraft, thus tending to destroy or impair the utility of airports within the city and the public investment therein.
Accordingly, it is declared:
(1)
That 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;
(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 City of Newport News derives economic development and enhanced interstate commerce from Newport News/Williamsburg International Airport; and, developments in the vicinity of the airport are held strictly to the highest possible safety standards to protect economic benefits derived from the airport; and
(4)
That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(Ord. No. 5028-97, § 1)
As used in this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:
(1)
Administrator: The zoning administrator of the City of Newport News.
(2)
Airport: Newport News/Williamsburg International Airport.
(3)
Airport elevation: Forty-three (43) 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 45-3104 of this chapter. In plan view 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 45-3103 of this chapter.
(6)
Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.
(7)
Hazard to air navigation: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.
(8)
Height: For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
(9)
Horizontal surface: A horizontal plane one hundred and fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
(10)
Larger than utility runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than twelve thousand and five hundred (12,500) pounds maximum gross weight and jet-powered aircraft. The width of this runway surface is set forth in section 45-3103
(11)
Nonconforming use or object: Any preexisting structure or object of natural growth which is inconsistent with the provisions of, or any amendment to, this chapter.
(12)
Nonprecision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
(13)
Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 45-3103
(14)
Permit: A document issued by the City of Newport News allowing a person to begin an activity which may result in any structure or vegetation exceeding the height limitations provided for in section 45-3107
(15)
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.
(16)
Precision instrument runway: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS or MLS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan.
(17)
Primary surface: A surface, with a specified width as provided in section 45-3103 of this chapter, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends two hundred (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. The width of the primary surface is set forth in section 45-3103
(18)
Runway: A specified area on an airport prepared for landing and takeoff of aircraft along its length.
(19)
Structure: Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, cranes, smokestacks, earth formations, towers, poles, and overhead transmission lines.
(20)
Transitional surfaces: These surfaces extend outward at ninety-degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet, measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway centerline.
(21)
Tree: Any object of natural growth.
(22)
Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.
(23)
Zone: All areas provided for in section 45-3103 of this article, generally described in three (3) 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 45-3104
(Ord. No. 5028-97, § 1)
Sec. 45-3103. - Airport zones and zoning map.
In order to carry out the provisions of this chapter, there are hereby created and established certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Newport News/Williamsburg International Airport. Such zones are shown on the City of Newport News Zoning Maps.
An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1)
Precision instrument runway approach zone:
a.
This zone applies to runway 7R-25L and proposed runway 7L-25R.
b.
The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(2)
Runway larger than utility with a visibility minimum greater than three-quarters (¾) mile nonprecision instrument approach zone:
a.
This zone applies to runway 2-20
b.
The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(3)
Transitional zones: The transitional zones are the areas beneath the transitional surfaces.
(4)
Horizontal zone: The horizontal zone is established by swinging an arc of ten thousand (10,000) feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(5)
Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet.
(Ord. No. 5028-97, § 1; Ord. No. 5986-03)
Sec. 45-3104. - Airport zone height limitations.
Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter, to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question, as follows:
(1)
Precision instrument runway approach zone: Slopes fifty (50) feet outward for each one (1) foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerline.
(2)
Runway larger than utility with a visibility minimum greater than three-quarter (¾) mile nonprecision instrument approach zone: Slopes thirty-four (34) feet outward for each one (1) foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.
(3)
Transitional zones: Slopes seven (7) feet outward for each one (1) foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each one (1) foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each one (1) foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runway centerline.
(4)
Horizontal zone: Established at one hundred fifty (150) feet above the airport elevation which amounts to a maximum height of one hundred ninety-three (193) feet above mean sea level.
(5)
Conical zone: Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation which amounts to a maximum height of three hundred ninety-three (393) feet above mean sea level.
(Ord. No. 5028-97, § 1; Ord. No. 5986-03)
Sec. 45-3105. - Airport approach restricted use zone.
Notwithstanding any other provision of this chapter, and within the area below the horizontal limits of any zone established by this chapter, no use may be made of land or water in such 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 glare in the eyes of pilots using the airport;
(4)
Impair visibility in the vicinity of the airport;
(5)
Create 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. No. 5028-97, § 1)
Sec. 45-3106. - Nonconforming uses.
(a)
Regulations not retroactive: Except as provided in section 45-3107(b) of this article, the regulations prescribed by this chapter shall not require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this chapter 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 chapter, and is diligently prosecuted.
(b)
Obstruction marking and lighting: Notwithstanding the provisions of section 45-3107(a) of this article, the owner of any existing nonconforming structure or tree 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 Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport 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. No. 5028-97, § 1)
(a)
Future use: No structure shall be erected or otherwise established, and no tree shall be planted in the horizontal zone created by this chapter which will exceed one hundred and ninety-three (193) feet of vertical height above mean sea level unless a permit therefore shall have been applied for to include filing of FAA for 7460 available at the airport and provided that a variance has been approved as provided in subsection (d).
(b)
Existing uses: 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 chapter or any amendments thereto other than with relief as provided for in subsection (d).
(c)
Reconstruction: No permit shall be granted that would enable a nonconforming structure or object to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable horizontal zone height limit or otherwise deviate from the zoning regulations contained in this chapter except as provided for in Article XXIX, Nonconforming uses, section 45-2902, Reconstruction, of the Zoning Ordinance.
(d)
Variances: 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 as described in Article XXXII of the Zoning Ordinance. 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 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 advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen (15) days after receipt, the board of zoning appeals may act on its own to grant or deny the application for a variance.
(e)
Obstruction marking and lighting: 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 zoning administrator. If deemed proper by the board of zoning appeals, this condition may be modified to require the owner to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.
(Ord. No. 5028-97, § 1)
Sec. 45-3108. - Conflict with other regulations.
In any case where the requirements of this chapter conflict with any other provision of the Code of the City of Newport News or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.
(Ord. No. 5028-97, § 1)
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). Each day's continuance of such violation shall constitute a separate offense.
(Ord. No. 5028-97, § 1)