The AP1 Airport District is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and requires existing potential airport hazards to be removed, altered, marked or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Part 701 also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise.
A. 
In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport. These zones are established as overlay zones and are shown on the County Map which is part of this chapter.[1] The various zones are hereby established as follows:
(1) 
Airport Zone. A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.
(2) 
Approach Zone. A zone that extends away from both ends of the runway along the extended runway center line, with the floor set by the approach surface.
(3) 
Conical Zone. A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.
(4) 
Horizontal Zone. A zone established as the area within the conical zone, with its center at the airport reference point and having a radius of 7,000 feet.
(5) 
Transitional Zone. A zone that fans perpendicularly from the runway center line and approach surfaces, with the floor set by the transitional surface.
[1]
Editor's Note: The Zoning Map for the County is on file in the County offices.
B. 
The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E, Airspace, of Title 14 of the Code of Federal Regulations or in successor Federal Regulations.
Except as otherwise provided in this district, no structure shall be erected, altered or maintained and no vegetation shall be allowed to grow in any zone created by this chapter to a height in excess of the height limit established for each zone, Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. Such height limitations are hereby established for each of the zones in question as follows:
A. 
Approach Zone: one foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from and at the center-line elevation of the end of the runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.
B. 
Conical Zone: one foot in height for each 20 feet of horizontal distance, beginning at the periphery of the horizontal zone, extending to a height of 1,122.5 feet above the airport elevation.
C. 
Horizontal Zone: 150 feet above the airport elevation or a height of 870 feet above mean sea level.
D. 
Transitional Zone: one foot in height for each seven feet in horizontal distance, extending 200 feet beyond each end of the center line of the runway, extending to a height of 150 feet above the airport elevation, which is 720 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet of horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the approach zone and extending a distance of 5,000 feet from the edge of the approach zone measured normal to the center line of the runway extended.
No permit shall be granted that would allow the establishment or creation of an airport hazard or a hazard to air navigation. Any permit granted in the airport zones may be conditioned 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 FAA, the Virginia Department of Aviation or the Zoning Administrator. Notwithstanding any other provisions of this district and within the area below the horizontal limits of any zone established by this Part 701, no use may be made of land or water within any zone established by this chapter in such a manner as to:
A. 
Create electrical interference with navigational signals or radio communication between the airport and aircraft;
B. 
Diminish the ability of pilots to distinguish between airport lights and other lights;
C. 
Result in glare in the eyes of pilots using the airport;
D. 
Impair visibility in the vicinity of the airport;
E. 
Create the potential for bird strike hazards; or
F. 
Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
A. 
Noise abatement. The Executive Director of the Winchester Regional Airport Authority shall provide the County with a noise abatement plan that will be shown on a day-night average sound level (LDN) map. This map will provide the County with all land that is encompassed within zones of 65 LDN and above. It shall be the responsibility of the Planning Department to keep and maintain these LDN maps, as well as review all requests for development that fall within the LDN zones to determine the noise impacts on said development.
B. 
Noise easements. It shall be the responsibility of the developer to provide a noise easement for any development that occurs within the noise abatement zones specified on the day-night average sound level (LDN) map. This noise easement shall hold harmless the Winchester Regional Airport from any lawsuit regarding noise pollution for any development that occurs within the specified LDN map zones described above. This noise easement shall be required for said development after the effective date of this chapter.
A. 
Notwithstanding the provisions for nonconforming uses as established by this chapter, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation and maintenance of markers and lights as deemed necessary by the FAA, the Virginia Department of Aviation, the Executive Director of the Winchester Regional Airport Authority or the Zoning 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 or vegetation in question.
B. 
No permit shall be granted that would allow a nonconforming use, structure or vegetation to be made or become higher or to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
C. 
Whenever the Zoning Administrator determines that a nonconforming structure or vegetation has been abandoned or more than 50% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or vegetation to exceed the applicable height limit or otherwise deviate from the airport district regulations contained in this Part 701.
A. 
Prior to being considered by the Board of Zoning Appeals, the application for a variance from the requirements of the Airport District shall be accompanied by a determination from the Virginia Department of Aviation 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 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 to the spirit of this chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Executive Director of the Winchester Regional Airport Authority for advice as to the aeronautical effects of the variance.
B. 
Any variance granted may be conditioned 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 FAA, the Virginia Department of Aviation or the Zoning 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 the airport owner's expense, to install, operate and maintain the necessary markings and lights.