Article 7 — Overlay Districts, Chapter 7-1 — AIRPORT OVERLAY DISTRICT
Purpose and Intent
The purpose of the Airport Overlay District is to impose height and use restrictions necessary to ensure that structures and natural objects will not impair flight safety or decrease the operational capability of Lee Gilmer Memorial Airport. The provisions of this section are overlaid upon and imposed in addition to said underlying zoning regulations and are intended to provide greater restrictions than the zoning districts with regard to heights and aircraft navigation. In any case where the standards and requirements of this overlay conflict with those of the underlying zoning district, the standards and requirements of this overlay govern.
Definitions
The following terms apply in the enforcement and interpretation of this Chapter, unless specifically stated otherwise:
Airport: Lee Gilmer Memorial Airport.
Airport Elevation: 1,276 feet above mean sea level.
Airport Overlay Zones: Areas located on the ground that are defined in their boundaries by the Airport Surfaces overhead, including:
Airport Reference Point: A horizontal reference point calculated in accordance with Federal Aviation Administration Advisory Circular 150/5300-13B. (For the airport configuration on October 5, 2018, the position is 34°16’21.46”N, 83°49’48.80”E.)
Airport Surfaces: Imaginary planes that define the lower limit of aircraft operational areas around an airport, including:
Airport Zone Structure: An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
Hazard to Air Navigation: An obstruction determined to have substantial adverse effect on the same and efficient utilization of the navigable airspace.
Height Datum: The vertical distance above mean sea level elevation.
Obstruction (or Obstruction to Air Navigation): Any structure, growth or other object, including a mobile object, which extends above an Airport Surface as defined in this Section.
Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Runway Designations: Runways are numbered by the compass heading of approach for landing aircraft. At Lee Gilmer Airport, runways are: 5, at an approach heading of 50°; 23, at an approach heading of 230°; 11, at an approach heading of 110°; and, 29, at an approach heading of 290°.
Tree: A self-supporting woody plant that normally reaches a mature height of at least 15 feet.
Airport Zones Established
To carry out the provisions of this Chapter 9-7-1, there are hereby created and established certain zones within the Airport Overlay District which include all of the land lying beneath the primary surfaces, approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Lee Gilmer Memorial Airport. An area located in more than one of the following zones shall be subject to the zone with the more restrictive height limitation. The airport zones are:
Airport Overlay District Map
The various airport zones established by this Chapter are illustrated on the Approach Plan and Profile of Lee Gilmer Memorial Airport, prepared by Lead Edge Design Group and approved by the FAA on October 5, 2018, which is hereby adopted and made a part of this Chapter. The current approved Approach Plan and Profile will be superseded by any subsequent FAA approved change to the document.
Airport Zone Height Limitations
No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport zone to a height in excess of the maximum height established for such zone, as shown in Table 7-1: Height Limitations by Airport Zone; provided, however, that nothing in this
| Airport Zone | Height Limitation |
|---|---|
| Approach Zone— Runways 11 and 29 | Beginning at a maximum height limitation of 0 feet at the Primary Surface, the maximum height increases by 1 foot for every 20 feet of horizontal distance, increasing to a maximum of 150 feet at a distance of 3,000 feet from the Primary Surface. |
| Approach Zone – Runway 5 | Beginning at a maximum height limitation of 0 feet at the Primary Surface, the maximum height increases by 1 foot for every 50 feet of horizontal distance, increasing to a maximum of 150 feet at a distance of 7,500 feet from the Primary Surface then continuing from the Conical Surface 1 foot for every 40 feet or horizontal distance increasing to a maximum of 1,251 feet at a distance of 50,000 feet from the Primary Surface. |
| Approach Zone— Runway 23 | Beginning at a maximum height limitation of 0 feet at the Primary Surface, the maximum height increases by 1 foot for every 34 feet of horizontal distance, increasing to a maximum of 150 feet at a distance of 5,100 feet from the Primary Surface. |
| Transitional Zones | Maximum height increases 1 foot for each 7 feet outward 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. In addition to the foregoing, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the horizontal surface. |
| Horizontal Zone | Maximum height is established at 150 feet above the airport elevation. |
| Conical Zone | Maximum height increases 1 for each 20 feet of horizontal distance, 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. |
| Navigable Airspace Zone | No structure or tree may exceed a height of 200 feet above the airport elevation (1,277 feet plus 200 feet equals 1,477 feet) within 3 nautical miles of the airport reference point. Between 3 and 6 nautical miles, maximum height increases 100 feet per nautical mile to a maximum height limitation of 500 feet above the airport reference point. (1,277 feet plus 500 feet equals 1,777 feet). |
Use Restriction
No use shall be located within any Airport Zone that would 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, create bird or wildlife strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
Obstructions
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 an obstruction to air navigation.
Marking and Lighting
The owner of any existing nonconforming structure or tree within an Airport Zone must permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the City.
Nonconforming Uses Abandoned or Destroyed
Whenever the Public Works Director determines that a nonconforming tree or structure has been abandoned or more than 50% torn down, physically deteriorated, or decayed, such tree or structure shall be removed or modified to the extent necessary to comply with the applicable height limit.
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 section, may apply to the Planning and Appeals Board for a variance from such regulations.
Staff Review of Application for Variance
Variance applications pursuant to this Chapter shall be reviewed by the Director of Public Works and the Airport Manager, and their response or recommendation must be received prior to action on any such variance.
Findings Required to Support Variances
A variance may be allowed only where it is duly found that the requirements of the variance procedures and standards contained in Chapter 18-6 of this Ordinance are met; and relief granted will not create an obstruction to air navigation as defined by this Chapter or as determined by the Federal Aviation Administration.
Marking and Lighting a Condition of Variance Approval
Any variance granted shall be conditioned to require the owner of the structure or tree in question to install, at the owner’s expense, such markings and lights as may be necessary, and to permit the City, at its own expense, to operate and maintain the necessary markings and lights.