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:
AIRPORT ELEVATION
The highest point of an airport's usable landing area, measured
in feet from mean sea level.
AIRPORT HAZARD
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.
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.
HELIPORT PRIMARY SURFACE
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.
HORIZONTAL SURFACE
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.
LARGER-THAN-UTILITY RUNWAY
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this Article
or an amendment thereto.
NON-PRECISION-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 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.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in §
115-147.
PERSON
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.
PRECISION-INSTRUMENT RUNWAY
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.
PRIMARY SURFACE
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.
RUNWAY
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
STOL PRIMARY SURFACE
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.
STRUCTURE
An object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks, earth formations
and overhead transmission lines.
TRANSITIONAL SURFACES
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.
TREE
An 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 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.
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.
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.
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.