§ 220-1. Runway protection zone (RPZ) overlay district.

(a)

Purpose and intent. An ordinance regulating the use and design of property at and in the vicinity of DeKalb-Peachtree Airport (PDK). The purposes of this runway protection zone (RPZ) overlay are to:

(1)

Prevent the establishment and/or expansion of uses, structures, or vegetation, which constitute hazards or obstructions to, or be vulnerable to impact from aircraft operating to, from or near an airport; and to

(2)

Allow for appropriate uses surrounding the airport that further the City's economic development.

(b)

Overlay District Boundaries. A detailed runway protection zone boundary indicating the location of zones is maintained on the Zoning Map.

(c)

Restrictions and requirements.

(1)

The following generalized land uses are defined as incompatible within the RPZ and are therefore prohibited:

a.

Residential development;

b.

Any use that would attract and congregate people including but not limited to, retail commercial development, industrial development, institutions, and places of worship;

c.

Water uses such as lakes, ponds, and landfills that significantly increase the potential for interference of airborne fowl with landing and departing aircraft;

d.

Construction activities and land uses, which would produce smoke and/or dust in such a manner so as to impair visibility of pilots using the airport;

e.

High intensity exterior lighting, including, but not limited to, lighting for signage, private drives, parking lots and security, which is located in such a manner as to impair the visibility of pilots using the airport is prohibited unless such lighting is properly shielded;

f.

Land uses which create electrical interference with navigational signals or radio communication between the airport and aircraft.

(2)

Height limit: Ten feet below the approach-departure clearance surface, with a maximum height of 35 feet.

(d)

Modification or expansion of existing uses, structures, or vegetation.

(1)

Before any existing use, structure, or vegetation may be replaced, substantially altered, rebuilt, allowed to grow higher than permitted height (vegetation), or replanted within the RPZ, a permit must be secured. No such permit shall be granted that would:

a.

Allow establishment or creation of a flight hazard or use not authorized by this Section 220-1;

b.

Permit a nonconforming use, structure, or vegetation to become higher; or

c.

Become a greater hazard to air navigation or become less compatible in use than it was on the effective date of this Section, or than it is when the application for a permit is made.

(2)

The Development Director will determine which projects require submittal to the FAA's notice criteria tool based on the scope of the project as it relates to 14 CFR Part 77.9. Before any permit is issued as required by this Subsection, the applicant shall file with the Federal Aviation Administration FAA Form 7460-1 and provide to the City a copy of all responses received from the Federal Aviation Administration by the applicant as a result of filing Form 7460-1.

(Ord. No. 743 , 12-19-17)