[Added 11-28-1989 by Ord. No. 640[1]]
[1]
Editor's Note: Exhibits A and B, which accompanied
this ordinance, are on file in the office of the Planning and Zoning
Commission.
This Article shall be known and may
be cited as the "Sussex County Airport Hazard Zoning Ordinance."
As used in this Article, unless the
context otherwise requires, the following terms shall have the meanings
indicated:
The Sussex County Airport.
The highest point of an airport's usable landing area, measured
in feet from mean sea level.
Any structure or object of natural growth located on or in
the vicinity of a public airport or any use of land near such airport
which obstructs the airspace required for the flight of aircraft in
landing or takeoff at such airport or is otherwise hazardous to such
landing or takeoff of aircraft.
These zones apply to the area under the approach, transitional,
horizontal and conical surfaces defined in FAR Part 77, as amended
from time to time.
The Sussex County Board of Adjustment.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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.
The area of the primary surface coincides in size and shape
with the designated landing and takeoff area of a heliport (runway).
This surface is a horizontal plane at the elevation of the established
heliport elevation.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in the plan, coincides with the
perimeter of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this Article
or an amendment thereto.
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 non-precision-instrument
approach procedure has been approved or planned and for which no precision-approach
facilities are planned or indicated on a Federal Aviation Administration
planning document or military service's military airport planning
document.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 115-147.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity. It includes a trustee,
receiver, assignee or similar representative of any of them.
A runway having an existing instrument-approach procedure
utilizing an instrument-landing system (ILS) or a precision-approach
radar (PAR). It also means a runway for which a precision-approach
system is planned and is so indicated on a. Federal Aviation Administration
approved airport layout plan, a military service's approved military
airport layout plan or any other Federal Aviation Administration planning
document or military service's military airport planning document.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the "primary surface" extends
200 feet beyond each end of that runway; but when the runway has neither
a specially prepared hard surface nor planned hard surface, the "primary
surface" ends at each end of that runway. The width of the "primary
surface" of a runway will be that width prescribed in Part 77 of the
Federal Aviation Regulations (FAR) for the most precise approach existing
or planned for either 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 center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An imaginary plane, 300 feet wide, centered on the runway.
Its length extends 100 feet beyond each runway end. The elevation
of any point on the primary surface is the same as the elevation of
the nearest point on the runway center line.
An object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks, earth formations
and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line 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. "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 5,000 feet measured
horizontally from the edge of the approach surface and at ninety-degree
angles to the extended runway center line.
An object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures, with no straight-in instrument approach
procedure and no instrument designation indicated on a Federal Aviation
Administration approved airport layout plan, a military service's
approved military airport layout plan or by any planning document
submitted to the Federal Aviation Administration by competent authority.
A.
There are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as shown on the Sussex County Airport Hazard Zoning Map, consisting of one sheet, prepared by Associated Delaware Engineers, Inc., and dated May 25, 1971, as amended from time to time, which is attached to this chapter and made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more-restrictive height
limitation.
[1]
Editor's Note: The Airport Hazard Zoning Map
is on file in the office of the Planning and Zoning Commission.
B.
The various zones are hereby established
and defined as follows:
(1)
UTILITY RUNWAY VISUAL APPROACH ZONE — The
inner edge of this approach zone coincides with the width of the primary
surface and is 250 feet wide. The approach zone expands outward uniformly
to a width of 1,250 feet at a horizontal distance of 5,000 feet from
the primary surface, its center line being the continuation of the
center line of the runway.
(2)
UTILITY RUNWAY NON-PRECISION-INSTRUMENT
APPROACH ZONE — The inner edge of this approach zone
coincides with the width of the primary surface and is 500 feet wide.
The approach zone expands outward uniformly to a width of 2,000 feet
at a horizontal distance 5,000 feet from the primary surface, its
center line being the continuation of the center line of the runway.
(3)
RUNWAY LARGER THAN UTILITY VISUAL APPROACH
ZONE — The inner edge of this approach zone coincides
with the width of the primary surface and is 500 feet wide. The approach
zone expands outward uniformly to a width of 1,500 feet at a horizontal
distance of 5,000 feet from the primary surface, its center line being
the continuation of the center line of the runway.
(4)
RUNWAY LARGER THAN UTILITY WITH A VISIBILITY
MINIMUM GREATER THAN THREE-FOURTHS (3/4) MILE NON-PRECISION INSTRUMENT
APPROACH ZONE — The inner edge of this approach zone
coincides with the width of the primary surface and is 500 feet wide.
The approach zone expands outward uniformly to a width of 3,500 feet
at a horizontal distance of 10,000 feet from the primary surface,
its center line being the continuation of the center line of the runway.
(5)
RUNWAY LARGER THAN UTILITY WITH A VISIBILITY
MINIMUM AS LOW AS THREE-FOURTHS (3/4) MILE NON-PRECISION-INSTRUMENT
APPROACH ZONE — The inner edge of this approach zone
coincides with the width of the primary surface and is 1,000 feet
wide. The approach zone expands outward uniformly to a width of 4,000
feet at a horizontal distance of 10,000 feet from the primary surface,
its center line being the continuation of the center line of the runway.
(6)
PRECISION-INSTRUMENT RUNWAY APPROACH ZONE — The
inner edge of this approach zone coincides with the width of the primary
surface and is 1,000 feet wide. The approach zone expands outward
uniformly to a width of 16,000 feet at a horizontal distance of 50,000
feet from the primary surface, its center line being the continuation
of the center line of the runway.
(7)
HELIPORT VISUAL FLIGHT RULES (VFR) APPROACH
ZONE — The inner edge of this approach zone coincides
with the width of the primary surface and is the applicable distance
in feet as set forth in the Federal Aviation Administration Heliport
Design Guide Advisory Circular, as amended from time to time. The
approach zone expands outward uniformly to a width of 500 feet at
a horizontal distance of 4,000 feet from the primary surface, its
center line being the continuation of the center line of the primary
surface.
(8)
HELIPORT INSTRUMENT FLIGHT RULES (IFR)
APPROACH ZONE — The inner edge of this approach zone
coincides with the width of the primary surface and is 300 feet wide.
The approach zone expands outward uniformly to a width of 3,400 feet
at a horizontal distance of 10,000 feet from the primary surface,
its center line being the continuation of the center line of the primary
surface.
(9)
STOL PRECISION-INSTRUMENT APPROACH ZONE — The
inner edge of this approach zone coincides with the primary surface
and is 300 feet wide. The approach zone expands outward uniformly
to a width of 3,400 feet at a horizontal distance of 10,000 feet from
the primary surface, its center line being the continuation of the
center line of the runway.
(10)
TRANSITIONAL ZONES — These
zones are hereby established as the area beneath the transitional
surfaces. These surfaces extend outward and upward at ninety-degree
angles to the runway center line and the runway center line 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. "Transitional zones" for those
portions of the precision approach zones which project through and
beyond the limits of the conical surface extend a distance of 5,000
feet measured horizontally from the edge of the approach zones and
at ninety-degree angles to the extended runway center line.
(11)
HELIPORT VFR TRANSITIONAL ZONES — These
zones extend outward from the sides of the primary surface and the
approach zones horizontal distance of 250 feet from the primary surface
center line and the extended primary surface center line.
(12)
HELIPORT IFR TRANSITIONAL ZONES — These
zones extend outward from the sides of the primary surface and a portion
of the sides of the approach zones a horizontal distance of 350 feet
from the primary surface center line and the extended primary surface
center line.
(13)
STOL PRECISION-INSTRUMENT TRANSITIONAL
ZONES — These zones extend outward from the sides
of the primary surfaces a horizontal distance of 400 feet and from
a portion of the sides of the approach zones a variable horizontal
distance of 400 feet at the primary surface end to zero feet at a
horizontal distance of 1,500 feet measured outward along the extended
primary surface center line.
(14)
HORIZONTAL ZONE — The
"horizontal zone" is hereby established by swinging arcs of ten-thousand-foot
radii 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.
(15)
CONICAL ZONE — The
"conical zone" is hereby established as the area that commences at
the periphery of the horizontal zone and extends outward therefrom
a horizontal distance of 4,000 feet. The "conical zone" does not include
the precision-instrument approach zones and the transitional zones.
C.
The distances specified in this section
may be amended from time to time by the Federal Aviation Administration
in its Federal Aviation Regulations, Part 77.
A.
Except as otherwise provided in this Article,
no structure or tree shall be erected, altered, allowed to grow or
be maintained in any zone created by this Article to a height in excess
of the applicable height limit herein established for such zone.
B.
Such applicable height limitations are
hereby established for each of the zones in question as follows:
(1)
Utility Runway Visual Approach Zone: slopes
upward 20 feet horizontally for each foot vertically, beginning at
the end of and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(2)
Utility Runway Non-Precision-Instrument
Approach Zone: slopes upward 20 feet horizontally for each foot vertically
beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 5,000 feet along the extended
runway center line.
(3)
Runway Larger Than Utility Visual Approach
Zone: slopes upward 20 feet horizontally for each foot vertically
beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 5,000 feet along the extended
runway center line.
(4)
Runway Larger Than Utility With A Visibility
Minimum Greater Than Three-Fourths (3/4) Mile Non-Precision-Instrument
Approach Zone: slopes upward 34 feet horizontally for each foot vertically
beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 10,000 feet along the extended
runway center line.
(5)
Runway Larger Than Utility With A Visibility
Minimum As Low As Three-Fourths (3/4) Mile Non-Precision-Instrument
Approach Zone: slopes upward 34 feet horizontally for each foot vertically
beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 10,000 feet along the extended
runway center line.
(6)
Precision-Instrument Runway Approach Zone:
slopes upward 50 feet horizontally for each foot vertically beginning
at the end of and at the same elevation as the primary surface and
extending to a horizontal distance of 10,000 feet along the extended
runway center line; thence slopes upward 40 feet horizontally for
each foot vertically to an additional horizontal distance of 40,000
feet along the extended runway center line.
(7)
Heliport VFR Approach Zone: slopes upward
eight feet horizontally for each foot vertically beginning at the
end of and at the same elevation as the primary surface and extending
to a distance of 4,000 feet along the extended primary surface center
line.
(8)
Heliport IFR Approach Zone: slopes upward
15 feet horizontally for each foot vertically beginning at the end
of and at the same elevation as the primary surface and extending
to a distance of 10,000 feet along the extended primary surface center
line.
(9)
STOL Approach Zone: slopes upward 15 feet
horizontally for each foot vertically beginning at the end of and
at the same elevation as the primary surface and extending to a distance
of 10,000 feet along the extended runway center line.
(10)
Transitional Zone: slopes upward
and outward seven feet horizontally for each foot vertically beginning
at the side of and at the same elevation as the primary surface and
the approach zones and extending to a height of 150 feet above the
airport elevation, to a height of 201 feet above mean sea level. In
addition to the foregoing, there are established height limits sloping
upward and outward seven feet horizontally for each foot vertically
beginning at the side of and at the same elevation as the approach
zones and extending to where they intersect the conical surface. Where
the Precision-Instrument Runway Approach Zone projects beyond the
Conical Zone height limits sloping upward and outward seven feet horizontally
for each foot vertically shall be maintained beginning at the side
of and at the same elevation as precision instrument runway approach
surface and extending to a horizontal distance of 5,000 feet measured
at ninety-degree angles to the extended runway-center line.
(11)
Heliport VFR Transitional Zone: slopes
upward and outward two feet horizontally for each foot vertically
beginning at the sides of and at the same elevation as the primary
surface and the approach surfaces and extending a distance of 250
feet measured horizontally from and at ninety-degree angles to the
primary surface center line and extended center line.
(12)
Heliport IFR Transitional Zone: slopes
upward and outward four feet horizontally for each foot vertically
beginning at the sides of and at the same elevation as the primary
surface and a portion of the sides of the approach surface and extending
a distance of 350 feet measured horizontally from and at ninety-degree
angles to the primary surface center line and extended center line.
(13)
STOL Transitional Zone: slopes upward
and outward four feet horizontally for each foot vertically beginning
at the sides of and at the same elevation as the primary surface and
a portion of the sides of the approach surface and extends to an elevation
of 100 feet above the primary surface.
(14)
Horizontal Zone: 150 feet above the
airport elevation or a height of 201 feet above mean sea level.
(15)
Conical Zone: slopes upward and outward
20 feet horizontally for each foot vertically beginning at the periphery
of the Horizontal Zone and at 150 feet above the airport elevation
and extending to a height of 350 feet above the airport elevation.
C.
Excepted height limitations. Nothing in
this Article shall be construed as prohibiting the growth, construction
or maintenance of any tree or structure to a height up to 45 feet
above the surface of the land.
D.
Where an area is covered by more than one
height limitation, the more-restrictive limitation shall prevail.
Notwithstanding any other provisions
of this Article, no use may be made of land or water within any zone
established by this Article in such a manner as to create electrical
interference with navigational signals or radio communication between
the airport and aircraft, make it difficult for pilots to distinguish
between airport lights and others, result in glare in the eyes of
pilots using the airport, impair visibility in the vicinity of the
airport or otherwise in any way create a hazard or endanger, the landing,
takeoff or maneuvering of aircraft intending to use the airport.
A.
Regulations not retroactive. The regulations
prescribed by this Article shall not be construed to require the removal,
lowering or other changes or alteration of any structure or tree not
conforming to the regulations as of the effective date of this Article
or otherwise interfere with the continuance of a nonconforming use.
Nothing contained herein 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 Article and
is diligently prosecuted.
B.
Marking and lighting. Notwithstanding the
preceding provision of this section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation
and maintenance thereon of such markers and lights as shall be deemed
necessary by the Sussex County Engineer to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport
hazards. Such markers and lights shall be installed, operated and
maintained at the expense of Sussex County.
A.
Future uses.
(1)
No material change shall be made in the
use of land and no structure or tree shall be erected, altered, planted
or otherwise established in any zone hereby created unless a permit
therefor shall have been applied for and granted.
(a)
However, a permit for a tree or structure
of less than 75 feet of vertical height above the ground shall not
be required in the Horizontal and Conical Zones or in any approach
and transitional zones beyond a horizontal distance of 4,200 feet
from each end of the runway except when such tree or structure, because
of terrain, land contour or topographic features, would extend above
the height limit prescribed for the respective zone.
(b)
Each application for a permit shall
indicate the purpose for which the permit is desired, with sufficient
particulars to determine whether the resulting use, structure or tree
would conform to the regulations herein prescribed. If such determination
is in the affirmative, the permit shall be granted.
B.
Existing uses. No permit shall be granted
that would allow the establishment or creation of an airport hazard
or permit a nonconforming use, structure or tree to become a greater
hazard to air navigation than it was on the effective date of this
Article or any amendments thereto or than it is when the application
for a permit is made. Except as indicated, all applications for such
a permit shall be granted.
C.
Nonconforming uses abandoned or destroyed.
Whenever the Sussex County Planning and Zoning Director determines
that a nonconforming tree or structure has been abandoned or more
than 80% torn down, physically deteriorated or decayed, no permit
shall be granted that would allow such structure or tree to exceed
the applicable height limit or otherwise deviate from the zoning regulations.
D.
Variances. Any person desiring to erect
or increase the height of any structure or permit the growth of any
tree or use his property not in accordance with the regulations prescribed
in this Article may apply to the Board of Adjustment for a variance
from such regulations. Such variances shall be allowed where it is
duly found that a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and relief
granted would not be contrary to the public interest but will do substantial
justice and be in accordance with the spirit of this Article. Additionally,
no application for variance to the requirements of this Article may
be considered by the Board of Adjustment unless a copy of the application
has been furnished to the Sussex County Council for advice as to the
aeronautical effects of the variance. If the Sussex County Council
does not respond to the application within 15 days after receipt,
the Board of Adjustment may act on its own to grant or deny said application.
E.
Hazard 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 or tree
in question to permit the Sussex County Council, at its own expense,
to install, operate and maintain thereon such markers and lights as
may be necessary to indicate to pilots the presence of an airport
hazard.
It shall be the duty of the Sussex
County Council to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made to the
Sussex County Council upon a form published for that purpose. Applications
required by this Article to be submitted to the Sussex County Council
shall be promptly considered and granted or denied. Application for
action by the Board of Adjustment shall be forthwith transmitted by
the Sussex County Council.
A.
Any person aggrieved or any taxpayer affected
by any decision of the Sussex County Council made in the administration
of this Article may appeal to the Board of Adjustment.
B.
All appeals hereunder must be taken within
a reasonable time as provided by the rules of the Board of Adjustment
by filing with the Sussex County Council a notice of appeal, specifying
the grounds thereof. The Sussex County Council shall forthwith transmit
to the Board of Adjustment all the papers constituting the record
upon which the action appealed from was taken.
C.
An appeal shall stay all proceedings in
furtherance of the action appealed from unless the Sussex County Council
certifies to the Board of Adjustment, after the notice of appeal has
been filed with it, that, by reason of the facts stated in the certificate,
a stay would, in the opinion of the Sussex County Council, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed except by the order of the Board of Adjustment on notice to
the Sussex County Council and on due cause shown.
D.
The Board of Adjustment shall fix a reasonable
time for hearing appeals, give public notice and due notice to the
parties in interest and decide the same within a reasonable time.
Upon the hearing, any party may appear in person or by agent or by
attorney.
E.
The Board of Adjustment may, in conformity
with the provisions of this Article, reverse or affirm, in whole or
in part, or modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as may be appropriate under the circumstances.
Any person aggrieved or any taxpayer
affected by a decision of the Board of Adjustment may file an appeal
in a manner prescribed by the laws of the State of Delaware.
Each violation of this Article or
of any regulation, order or ruling promulgated hereunder shall constitute
a misdemeanor and shall be liable to a fine of not more than $100,
and each day such violation shall be permitted to exist shall constitute
a separate offense.
Where there exists a conflict between
any of the regulations or limitations prescribed in this Article and
any other regulations applicable to the same area, whether the conflict
is with respect to the height of structures or trees and the use of
land or any other matter, the more-stringent limitation or requirement
shall govern and prevail.
