City of Rochester, NH Aviation Overlay District (AOD)

As used in this article, unless the context otherwise requires, the following terms shall have the meanings indicated:

Any area of land or water, whether constructed or not, which has been approved as a site for landing and taking off of aircraft or utilized by the public as a point of arrival or departure by air, hereinafter referred to as "Skyhaven Airport."

AIRPORT APPROACH ZONE

For Runway 33, an area which is 1,000 feet wide at a point 200 feet from the end of the pavement and 4,000 feet wide at a point 10,200 feet from the end of the pavement, or future pavement extended.

For Runway 15, an area which is 1,000 feet wide at a point 200 feet from the end of the pavement and 1,500 feet wide at a point 5,200 feet from the end of the pavement, or future pavement extended.

The center line of these areas shall coincide with the center line of the landing strips extended.

AIRPORT HAZARD

Any structure, tree, smoke, steam, dust, or other substance which obstructs the aerial approaches of Skyhaven Airport or impairs the reasonable visibility in the vicinity thereof; electrical impulses and disturbances which interfere with radio aids or communications; and lights which might result in glare in the vision of pilots or aircraft or be confused with airport lights.

BUILDING RESTRICTION LINE

A line parallel to the center line of the runway which limits the location of any permanent structure. The location of the building restriction line is shown and described on the Airport Layout Plan.

NONCONFORMING USE

Any structure, tree, or use of land which does not conform to a regulation prescribed in this article or an amendment thereto as of the effective date of such regulations.

PERSON

Any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or similar representative thereof.

STRUCTURE

Any object constructed or installed by man, including such objects although regulated or licensed by other provisions of law.

TREE

Any object of natural growth.

§ 275-11.2 Land subject to restrictions.

In order to carry out the purposes of this article, all of the land within the boundaries of the approach zones and all of the land within a distance of 12,000 feet from the airport reference point shown on the Rochester Airport Approach Plan dated December 16, 1983 (attached hereto and made a part hereof),[1] is hereby declared subject to the restrictions of this article.

[1]

Editor's Note: The Airport Approach Plan is included at the end of this article.

§ 275-11.3 Height limits.

No structure or tree shall be erected, altered, or allowed to grow within the areas described in § 275-11.2 hereof above a slope ratio of 34 feet to one foot measured from the end of Runway 33 or a ratio of 20 feet to one foot measured from the end of Runway 15 or above a slope ratio of seven feet to one foot measured from the side of the landing strips and the approaches, or within an ellipse formed by connecting the ends of two semicircles having radii of 10,000 feet from points located 200 feet beyond the ends of pavement on center line extended at each end of Runways 15/33 above a height of 150 feet above the airport elevation, except that the Zoning Board of Adjustment shall have the power to grant a variance of this regulation where literal application or enforcement of the same would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this article.

§ 275-11.4 Use restrictions.

[Amended 12-6-2022]

Notwithstanding any other provisions of this chapter, no use may be made of the land described in § 275-11.2 hereof in such manner as to create electrical interference with radio aids or communications between airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport by the creation and discharge of smoke, steam, dust, or other obstructions to visibility, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

Solar collection systems located within the Airport Overlay District or within approach zones of an airport must demonstrate compliance with applicable Federal Aviation Administration (FAA) regulations.

§ 275-11.5 Nonconforming uses.

The regulations prescribed in §§ 275-11.3 and 275-11.4 hereof shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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 and completed within two years thereof.

§ 275-11.6 Variances.

Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or use his/her property not in accordance with the regulations prescribed in this article, may apply for a variance therefrom. Such variance shall be allowed where a literal application of enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this article.

§ 275-11.7 Permits.

Future uses. No material change in violation of §§ 275-11.3 and 275-11.4 hereof shall be made in the use of land, and no structure or tree shall be erected, altered, planted, or otherwise established in violation of §§ 275-11.3 and 275-11.4 hereof, unless a permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired.

Existing uses. Before any existing use, structure, or tree may be replaced, substantially altered, repaired or rebuilt, allowed to grow higher, or replanted, within any of the areas of land described in § 275-11.2 hereof, a permit must be secured authorizing such replacement, change, or repair if it is in violation of §§ 275-11.3 and 275-11.4 hereof. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become a greater hazard to air navigation than it was on the effective date of this article, or than it is when the application for a permit is made. Except as indicated, all applications for a permit for replacement, change, or repair of existing use, structure, or tree shall be granted.

§ 275-11.8 Hazard marking and lighting.

Any permit or variance granted under §§ 275-11.6 and 275-7 may, if such action is deemed advisable to effectuate the purposes of this article and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the airport owner, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

§ 275-11.9 Approach zone map.

A copy of said approach zone map shall become a part of the Zoning Map of the City of Rochester, New Hampshire.

Rochester, Skyhaven Airport Approach Plan Adopted by New Hampshire Aeronautics Commission April 1, 1968 Revised December 16, 1983
1.	This Airport Approach Plan, prepared under the authority of Chapter 424:3 of the New Hampshire Revised Statutes Annotated, is based upon the ultimate development of a General Aviation Type Airport with runway and landing strip as follows:
	Runway 5,400 feet by 100 feet;
	Landing Strip 5,800 feet by 300 feet.
2.	Part 77, Federal Aviation Regulations establishes the standards used to determine the limit of height of obstructions in the vicinity of the airport.
3.	The limit of height of obstructions shall be:
	A.	In the approach area to the landing strip for Runway 33, which is 1,000 feet wide at a point 200 feet from the end of the pavement and 4,000 feet wide at a point 10,200 feet from the end of the pavement, an inclined plane of 34:1 slope.
	B.	In the approach area to the landing strip for Runway 15, which is 1,000 feet wide at a point 200 feet from the end of the pavement and 1,500 feet wide at a point 5,200 feet from the end of the pavement, an inclined plane of 20:1 slope.
	C.	On the sides of the landing strip and approach areas, an inclined plane of 7:1 slope.
	D.	472 feet above sea level within the horizontal surface, which is a plane 150 feet above the established airport elevation. This plane is an ellipse formed by connecting the ends of two semicircles having radii of 10,000 feet from points located 200 feet beyond ends of pavement on center line extended at each end of Runway 15/33.
	E.	Within the conical surface, which is an inclined plane sloping upward at a 20:1 ratio extending 4,000 feet outward from the horizontal surface.
4.	No provision of Section (3) shall limit the height of a structure or tree to less than 30 feet above the ground upon which it is located.
5.	The Airport Reference Point is located on the center line of Runway 15/33, 2,650 feet from the southeast end of the runway and its elevation is 322 feet above sea level.

Note: The following is for information only and is not a part of the Airport Approach Plan:
	A.	The building restriction line is 300 feet from the center line of the landing strip.
	B.	Acquisition of property rights will be necessary: (1) to remove existing obstructions; (2) to control the height of objects in those areas where the controlling inclined plane is less than 30 feet above the ground.