§ 10.1. Areas surrounding airports.

10.1.1.  Intent and findings. With reference to the Berkeley County Airport—Moncks Corner and to such other airports as county council may designate, it is the intent of county council to enact such restrictions as are necessary to eliminate and prevent the creation of hazards to air navigation.

Specifically, county council finds that the creation or establishment of an obstruction has the potential for endangering the lives and property of users of said airport(s) and property or occupants of land in its vicinity; that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of said airport(s), and the public investment therein. Council thus declares:

A.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by said airport(s);

B.

That it is necessary in the interest of the public health, safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented;

C.

That the prevention of these obstructions should be accomplished to the extent legally possible by the exercise of the police power without compensation; and

D.

That the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which the county may raise and expend public funds and acquire land or interests in land.

Based upon these findings, the following restrictions shall apply to the use of land in the areas surrounding airports, as specified in the following paragraphs.

10.1.2.  Definitions. As used in this section, unless the context otherwise requires, the following definitions apply:

A.

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.

B.

Approach surface. A surface longitudinally centered on the extended runway centerline, 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 section 10.1.4. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

C.

Approach, transitional, horizontal, and conical zones. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined on the airport restriction zones map.

D.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

E.

Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

F.

Height. For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation unless otherwise specified.

G.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan, coincides with the perimeter of the horizontal zone.

H.

Larger than utility runway. A runway that is constructed for and intended to be used by propeller-driven or jet-powered aircraft of greater than 12,500 pounds maximum gross weight.

I.

Nonprecision instrument runway. A runway having an existing or planned 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.

J.

Obstruction. Any structure, growth, or other object, including a mobile object that exceeds a limiting height set forth in this ordinance.

K.

Precision instrument runway. A runway having an existing or planned instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR) providing horizontal and vertical guidance. It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

L.

Primary surface. A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 1,000 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

M.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

N.

Transitional surfaces. These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline 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 90-degree angles to the extended runway centerline.

O.

Tree. Any object of natural growth usually depicted as a tall, woody plant.

P.

Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures.

10.1.3.  Creation of airport restriction zones. The following zones are established and defined as follows:

A.

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

B.

Runway larger than utility with a visibility greater than three-fourths mile non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

C.

Transitional zone. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward beginning 500 feet each side of the runway centerline at a slope of 7:1 to the primary surface. The runway centerline 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 zones for those portions of the precision approach zones 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 zones and at 90-degree angles to the extended runway centerline.

D.

Horizontal zone. The horizontal zone is established by swinging arcs of 10,000 feet radii for all runways larger than utility from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

E.

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet at a slope of 20:1. The conical zone does not include the precision instrument approach zones and the transitional zones.

For the Berkeley County Airport—Moncks Corner, and for such other airports as county council may designate, such zones are shown on an airport restriction zones map, which is incorporated into and made a part of this ordinance.

10.1.4.  Use restrictions.

A.

Height restrictions. Maximum allowable heights for structures and trees are established for each airport restriction zone. Notwithstanding other height limitations contained in this ordinance, no structure or tree situated within an airport restriction zone shall exceed the maximum allowable height established for said zone, except as provided for in section 10.1.5 [10.1.6]. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

The maximum allowable heights for each zone are as follows:

1.

Precision instrument runway approach zone. Beginning at the (ground) elevation of the primary surface, the maximum height increases one foot upward for each 50 feet outward to a horizontal distance of 10,000 feet along the extended runway centerline; thence increases one foot upward for each 40 feet outward to an additional horizontal distance of 40,000 feet along the extended runway centerline.

2.

Runway larger than utility with a visibility greater than three-fourth mile nonprecision instrument approach zone. Beginning at the (ground) elevation of the primary surface, the maximum height increases one foot upward for each 34 feet outward to a horizontal distance of 10,000 feet along the extended runway centerline.

3.

Transitional zone. Beginning at the (ground) elevation of the sides of the primary and approach surfaces, the maximum height increases one foot upward for each seven feet outward, to a maximum of 150 feet above the airport elevation. In addition to the foregoing, the maximum height increases one foot for each seven feet outward at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, the maximum height increases one foot for each seven feet outward at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline from the edge of the approach surface.

4.

Horizontal zone. The maximum height is 150 feet above the airport elevation.

5.

Conical zone. Beginning at 150 feet above the airport elevation, the maximum height increases one foot upward for each 20 feet outward, to a maximum of 350 feet above the airport elevation.

B.

Prohibited activities. No use may be made of land or water within the airport restriction zones, and no activity may be engaged in, that would:

1.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

2.

Make it difficult for pilots to distinguish between airport lights and other lights;

3.

Result in glare in the eyes of pilots using the airport;

4.

Impair visibility in the vicinity of the airport;

5.

Create bird strike hazards; or

6.

Interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

10.1.5.  Marking and lighting. Notwithstanding exceptions or variances to the requirements of this section, the owner of any structure or tree or nonconforming structure or tree that exceeds the maximum height limitations established in section 10.1.3(A) [10.1.4(A)] may be required by Berkeley County to install, operate and maintain such markings and lights as the county may deem necessary to indicate to operators of aircraft the presence of such obstruction in the vicinity of the airport.

10.1.6.  Exceptions and variances. Notwithstanding the height limitations established in section 10.1.3(A) [10.1.4(A)], a structure of 35 feet or less in height may be constructed and occupied, if before a certificate of occupancy is issued, the zoning administrator certifies that all necessary markings and lighting have been installed, pursuant to section 10.1.4 [10.1.5], such that the structure will not constitute a hazard to air navigation.

Except as provided in paragraph (1) above, as is required for the construction of any structure that would exceed the maximum height limitations established in section 10.1.3(A) [10.1.4(A)], or for any activity prohibited in section 10.1.3(B) [10.1.4(B)]. Any person desiring a variance from these restrictions shall apply in writing to the board of zoning appeals under the provisions of article 21 (Board of Zoning Appeals) of this ordinance. The application for a 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 air space. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that the 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 ordinance. Additionally, no application for Variance to the requirements of this ordinance may be considered by the board of appeals unless a copy of the application has been furnished to the Berkeley County Aeronautics Commission for advice as to the aeronautical effects of the variance. If the aeronautics commission does not respond to the application within 15 days of receipt, the board of appeals may act on its own to grant or deny said application.

Cross reference

Airports and aviation, ch. 5.