A. 
Purpose. It is hereby found:
(1) 
That an obstruction has the potential for endangering the lives and property of users of the Fulton County Airport and property of occupants of land in its vicinity.
(2) 
That an obstruction may affect existing and future instrument approach minimums at Fulton County Airport.
(3) 
That an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering aircraft, thus tending to destroy or impair the utility of Fulton County Airport and the public investment therein.
(4) 
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Fulton County Airport.
(5) 
That it is necessary in the interest of the public health, public safety, and general welfare that the creation of establishment of obstructions that are a hazard to air navigation be prevented; and
(6) 
That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(7) 
That both the prevention of, creation or establishment of hazards to air navigation, and the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend funds and acquire land or interests in land.
B. 
Definitions. The following terms whenever used in this article shall have the meanings as set forth below. Any such terms used in the singular shall be held to include the plural. Any such terms or any other terms not defined in this section used in the masculine shall be held to include the feminine.
AIRPORT
An area of land set aside for the landing and taking off of aircraft, and utilized or to be utilized in the interest of the public for such purposes and commonly known as Fulton County Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet above mean sea level. This is 877 feet above mean sea level for the Fulton County Airport.
AIRPORT OPERATOR
The County of Fulton whose responsibility it is to maintain and operate the Airport.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, 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 § 84-59 of this article. The perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, CONICAL ZONES
These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in Part 77 of the Federal Aviation Regulations as set forth in § 84-59 of this article.
CONICAL SURFACE
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.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
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.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone. This is 1,027 feet above mean sea level for the Fulton County Airport.
NONCONFORMING USE
Any structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or amendment thereto existing on July 1, 1994.
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.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 84-60 of this chapter.
PERSON
An individual, firm, partnership, corporation, company, association, joint stock association, or government entity. It includes a trustee, receiver, assignee, or a similar representative of any of them.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard end of that runway, the primary surface extends 200 feet beyond each end of that runway, but when the runway has no specially prepared hard surface, or 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 and set forth in this Article XIV of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
An object, including a mobile object, constructed or installed by a person, including but without limitation, buildings, towers, smokestacks, earth formations, and overhead transmission lines.
TRANSITIONAL SURFACES
These surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontal for each foot vertically (7:1) from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures with straighten instrument approach procedure.
A. 
Established. In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the Approach Transitional, Horizontal and Conical Surfaces as they apply to Fulton County Airport. Such zones are shown on the Official Zoning Map of the Town of Johnstown.
B. 
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. The various zones are hereby established and defined as follows:
(1) 
Utility Runway Visual Approach Zone (Runway 28): 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 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(2) 
Utility Runway Nonprecision Instrument: (Runway 10). The inner edge 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 of 5,000 feet from the primary surface. Its center line is the continuation of the center line 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 arcs of 5,000 feet from the center of each end of the primary surface of the nonprecision instrument runway (Runway 10) and connecting the arcs by drawing lines tangent to those arcs. The horizontal zones do 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 and there from at 20:1 for a horizontal distance of 4,000 feet.
Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to exist in any zone created by this article to or at a height in excess of the applicable height limits herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
A. 
Utility Runway Visual and Nonprecision Approach Zone: (Runway 10-28). Slopes 20 feet outward for each foot upward (20:1) 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.
B. 
Transitional zones. Slopes seven feet outward for each foot upward (7:1) beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation of 1,027 above MSL.
C. 
Horizontal Zone. Established at 150 feet above airport elevation or at 1,027.
D. 
Conical Zone: Slopes 20 feet outward for each foot upward (20:1) for 4,000 feet 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.
E. 
Conflicting standards. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
A. 
Height. Except as otherwise provided in this article, no structure or object of natural growth shall be erected, altered, or 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. 
Interference. 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 manner as to create electrical interference of 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, create bird strike hazards, or otherwise in any way endanger or interfere with 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 to 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 of 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 County of Fulton to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport operator.
C. 
Nonconforming structures abandoned or destroyed. Whenever the Code Enforcement Officer determines that a nonconforming structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit for reconstruction shall be granted that would allow such structure to exceed the applicable height limits or otherwise deviate from these zoning regulations. A nonconforming structure that is abandoned or more than 80% deteriorated shall be torn down within one year of the Code Enforcement Officer's determination, unless a permit for reconstruction is applied for within said year. A nonconforming tree that is more than 80% deteriorated or decayed shall be removed by the landowner or the airport operator, either case, at the landowner's option and expense, within one month of written notice of such action.
A. 
Future uses. Except as specifically provided in Subsection A(1) through (3), hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit has been duly granted pursuant to this article. An application for a permit shall provide details sufficient 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. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with Subsection C, below.
(1) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2) 
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
(3) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topography features, would extend above the height limit prescribed for such transition zones.
(4) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any height limits established by this article.
B. 
Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction 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. 
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this article, may apply to the Town Zoning Board of Appeals (ZBA), for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall 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 variance to the requirements of this article may be considered by the ZBA 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 15 days after receipt, the ZBA may act on its own to grant or deny said application.
D. 
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 or tree in question to install, operate, and maintain, at the owner's expanse, such markings and lights as may be necessary. If deemed proper by ZBA, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights.
It shall be the duty of the Town Code Enforcement Officer to administer and enforce the regulations prescribed herein.