§ 134-275. Civilian airport hazard district.

(a)

Definitions and acronyms. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Above ground level ("AGL") means a reference of elevation above ground level.

Airport means Cobb County Airport-McCollum Field and Fulton County Airport - Charlie Brown Field and other civilian use public-owned airfields, including heliports as recognized by the State of Georgia.

Airport impact zones means the six areas closest to airport under which airport operations regularly occur, as shown on the airport impact zones land use map.

Airport impact zones land use map means map describing compatible land uses within the vicinity of each airport.

Airport manager means the administrative representative of each airport.

Airport operations means take off, climb out, approach, landing, and traffic pattern operations that may vary for each aircraft.

Airspace surfaces means the same areas as stated in the Federal Aviation Regulations ("FAR") Part 77 Airspace Surfaces as amended from time-to-time.

Federal Aviation Administration ("FAA") means the federal agency titled "Federal Aviation Administration" which is charged with oversight and regulation of civil aviation to promote safety, including that of most publicly owned airports.

Federal Aviation Regulations ("FAR") Part 77 Airspace Surfaces means regulated airspace surfaces promulgated in 14 Code of Federal Regulations (CFR) Part 77, Objects Affecting Navigable Airspace.

Hazard to air navigation means an object which, as a result of an aeronautical study, the FAA determines will have a substantial adverse effect upon the safe and efficient use of navigable airspace by aircraft, operation of air navigation facilities, or existing or potential airport capacity.

Mean sea level ("MSL") means the elevation reference for objects above sea level.

Nonconforming use means any structure, natural growth or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.

Obstruction to air navigation means an object of greater height than any of the heights or surfaces presented in Federal Aviation Regulations Part 77 Airspace Surfaces. (Obstructions to air navigation are presumed to be hazards to air navigation until an FAA aeronautical study has determined otherwise.)

Runway means an airport's paved or cleared strip on which planes land and take off.

Runway elevation means height limitations originate from the nearest airport's runway mean sea level. Runway elevations are documented in the airport's master plan.

TERPS means terminal instrument procedures, which is the standard instrument approach procedures and takeoff minimums and obstacle departure procedures based on the criteria contained in FAA Order 8260.3 U.S. Standard for Terminal Instrument Procedures.

(b)

Height zoning. Height limitation zoning applies to structures and natural growth objects within the airspace as defined by the Federal Aviation Regulations Part 77 Airspace Surfaces and TERPS.

(1)

Construction or alteration requiring notice to the FAA. Except for construction less than 25 feet AGL or as provided in FAR Part 77.15, any construction or alteration that meets or exceeds the height criteria established in FAR Part 77.13 as amended from time to time, shall complete the FAA notification process as provided in FAR Part 77.17 as amended from time to time, using the FAA Notice of Proposed Construction or Alteration form 7460-1 as amended from time to time.

(2)

Height limitation. The Civilian Airport Hazard District Ordinance does not preclude approval of obstructions to air navigation with heights in excess of those height limitations prescribed in FAR Part 77 and/or TERPS, if either of the following is met:

a.

A determination of "No Hazard to Air Navigation" is issued from a FAA Airspace Study resulting from the Notice Requirement of FAR part 77.17 and the Airport Manager supports the determination; or

b.

A variance application may be considered by the Board of Zoning Appeals, when such action is considered advisable to effectuate the purposes of this section and reasonable in the circumstances when considering the results of the determination of an FAA Airspace Study and the input from the Airport Manager.

(c)

Land use zoning recommendations. Land use zoning recommendations prescribes land uses and zoning designations that are deemed compatible within the airport operations areas, as shown on the airport impact zones land use maps. Table 1 presents recommended conforming land uses within each airport impact zone.

TABLE 1
AIRPORT IMPACT ZONES LAND USE RECOMMENDATIONS

Land Usage	Runway Protection one	Inner Safety Zone	Turning Zone	Outer Safety Zone	Side Line Safety Zone	Traffic Pattern Zone
Residential	N	N	Y	Y	N	Y
Commercial	N	N	Y	Y	N	Y
Industrial	N	Y	Y	Y	N	Y
Schools/Institutional	N	N	N	N	N	Y
Day Care Center	N	N	N	N	N	Y
Place of Worship	N	N	N	N	N	Y
Parks/Open Space	N	N	N	N	N	Y/Y
Passive Parks	Y	Y	Y	Y	Y	Y
Nursing Home	N	N	N	N	N	Y
Hospital	N	N	N	N	N	Y
Solid Waste Landfill	N	N	N	N	N	N

 

/Low density residential

(1)

Generally. Notwithstanding any other provisions of this chapter, no use may be made of land within the zones listed in this section in such a manner as to create electrical interference with radio communication between the Airport and any aircraft, make it difficult for flyers to distinguish between airfield lights and other lights, result in glare in the eyes of flyers using the airfield, impair visibility in the vicinity of the airfield, attract birds, or otherwise endanger the landing, takeoff or maneuvering of any aircraft.

(d)

Existing nonconforming uses or heights. This section shall not be construed to require the removal, lowering, change or alteration of any previously approved nonconforming use or structure, or otherwise interfere with the continuance of any previously approved nonconforming use or structure, except as otherwise provided by this section, including those previously approved nonconforming uses or structures under construction.

(1)

Nothing in this section shall contradict the limitations placed on nonconforming uses of a building, structure or land as described in section 134-31 of the county ordinances, nonconforming uses.

(2)

Notwithstanding the preceding subsection, this section shall provide the right to require the owner of any existing nonconforming structure to mark and/or light any structure as deemed necessary by Cobb County.

(3)

Notwithstanding the preceding subsection, no existing nonconforming natural growth may become higher, or become a greater hazard to air navigation than it was on the effective date of this ordinance.

(e)

Conflicting regulations. In case of conflict between the regulations of this chapter and other regulations, unless otherwise stated, the more stringent regulations shall control.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-17.1; Ord. of 6-24-97 (eff. 7-1-97); Ord. of 2-28-12)