(a) Short Title. This Section may be referred to and cited as the “the Airport Approach Overlay Zoning District Ordinance of the City of Battle Creek” or just “the Airport Approach Overlay Zoning Ordinance.”
(b) Purpose. It is hereby found that an obstruction has the potential for endangering lives and property of users of the Battle Creek Executive Airport at Kellogg Field and the property of occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Battle Creek Executive Airport at Kellogg Field; and that an obstruction may reduce the size of areas available for the landing, take-off and maneuvering of aircraft, thus tending to destroy or impair the utility of Battle Creek Executive Airport at Kellogg Field and the public investment therein. Accordingly, it is declared that:
(1) The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Battle Creek Executive Airport at Kellogg Field.
(2) 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.
(3) The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of police power, without compensation.
(c) Enabling legislation. This chapter is adopted in accordance with the requirements of Public Act 23 of 1950, as amended, and in conformity with the section 203 of the Zoning Enabling Act, Public Act 110 of 2006, as amended, being MCL 125.3203.
(d) Land Use and Height Regulations. Any development of property located in the Airport Approach Overlay District shall comply with use and height restrictions as adopted in the Airport Approach Plan, including any subsequent revisions, by the Michigan Department of Transportation, Aeronautics Division, for the Airport. This plan is composed of two maps and one explanatory sheet, including the:
(1) FAA Part 77 Surface Map which details the maximum allowable height for buildings and structures in the Airport Approach Overlay Zoning District.
(2) MDOT Bureau of Aeronautics land use zoning map for the airport which outlines accident safety zones on and surrounding the airport where land use planning and regulatory measures will be applied.
(3) Accident safety zones, land use guidelines and planning strategies for new development which describe specific land use characteristics, land use guidelines and land use planning strategies for each accident safety zone.
(e) Nonconforming Uses. The regulations prescribed in this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to such effective date.
(f) Variances. Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use property not in accordance with the regulations prescribed in this chapter may apply to the Zoning Board of Appeals for a variance from such regulations. Such a variance shall be allowed only when it is found that a literal application or enforcement of the regulations will result in practical difficulty 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 chapter. Additionally, no application for such a variance may be considered by the Board unless a copy of the application has been furnished to the Airport Director of the City for advice as to aeronautical effects of the variance. If the Director does not respond to the application within fifteen days after receipt, the Board may act on its own to grant or deny such variance.
(Ord. 10-2020.Passed 11-24-20.)