In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to a public use airport. Such zones are shown on the approved airport airspace drawing, which is attached to the ordinance codified herein and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive limitations. The various zones are hereby established and defined as follows:
A. Approach and clear zones. Those areas depicted on the approved airport airspace drawing include the horizontal, conical, approach and primary surfaces which pertain to federal aviation regulation (FAR) part 77. Within this zone are the following defined subzones:
1. Utility runway visual approach subzone: The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty feet (250') wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal distance of five thousand feet (5,000') from the primary surface, its centerline being the continuation of the centerline of the runway.
2. Runway larger than utility with a visibility minimum greater than three-fourths (3/4) mile nonprecision instrument approach subzone: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach zone expands outward uniformly to a width of three thousand five hundred feet (3,500') at a horizontal distance of ten thousand feet (10,000') from the primary surface, its centerline being the continuation of the centerline of the runway.
3. Transitional subzone: These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety degree (90°) angles to the runway centerline and the runway.
4. Horizontal subzone: The horizontal zone is hereby established by swinging arcs of ten thousand feet (10,000') radii 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.
5. Conical subzone: The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet (4,000'). The conical zone does not include the precision instrument approach zones and the transitional zones. (Ord. 2001-04, 5-7-2001)
7-3-25: AIRPORT ZONE HEIGHT LIMITATIONS:
A. Specified: Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this article to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones and subzones in question as follows:
1. Utility runway visual approach subzone: Slopes upward twenty feet (20') horizontally for each foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.
2. Runway larger than utility with a visibility minimum greater than three-fourths (3/4) mile nonprecision instrument approach subzone: Slopes upward thirty four feet (34') horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet (10,000') along the extended runway centerline.
3. Transitional subzones: Slopes upward and outward seven feet (7') horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet (150') above the airport elevation (5,100 feet) which is highest elevation of each public use airport. In addition to the foregoing, there are established height limits sloping upward and outward seven feet (7') horizontally for each foot vertically, beginning at the sides of and at the same elevation as the approach zones and extending to where they intersect the conical surface.
4. Horizontal subzone: One hundred fifty feet (150') above the airport elevation.
5. Conical subzone: Slopes upward and outward twenty feet (20') horizontally for each foot vertically, beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.
B. Excepted Height Limitations: Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to thirty five feet (35') above the surface of the land.
C. Multiple Limitations: Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. These surfaces are shown on the approved approach and clear zone plan for Yellowstone regional airport and are incorporated herein. (Ord. 2001-04, 5-7-2001)
7-3-26: USE RESTRICTIONS:
Notwithstanding any other provisions of this article, no use may be made of land or water within airport zones established by this article in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the public use airport. Included in this restriction is any land or water use which would tend to promote or increase bird population and thereby increase the likelihood of a bird strike problem.
Notwithstanding any other provisions of this article, no use may be made of land or water within the approved approach and clear zones established by this article in such a manner which would promote or increase large congregations of people and/or aboveground storage of flammable substances. (Ord. 2001-04, 5-7-2001)
7-3-27: NONCONFORMING USES:
A. Regulations Not Retroactive: The regulations prescribed by this article shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date hereof, 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 the effective date hereof, and is diligently prosecuted.
B. Marking And Lighting: Notwithstanding subsection A of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the city to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the owner of the public use airport. (Ord. 2001-04, 5-7-2001)
7-3-28: PERMITS:
A. Future Uses: No material change shall be made in the use of land; and no structure or tree shall be erected, altered, planted or otherwise established in any zone or subzone hereby created, unless a permit therefor shall have been applied for and granted by the city approved by the board or airport manager.
1. Under these provisions, a permit for a tree or structure of less than seventy five feet (75') of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet (4,200') from each end of the runway, except when such tree or structure, because of terrain land contour, or topographic features, would extend above the height limit prescribed for the respective zone. All other applicable regulations, codes and permits shall apply to the erection, alteration, planting or establishment of a tree, structure or use of land.
2. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulation herein prescribed. If such determination is in the affirmative, the permit shall be granted. If such determination is negative, the permit may be denied or the applicant may be allowed to modify the application to comply with the provisions of this article.
B. Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date hereof, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
C. Nonconforming Uses Abandoned Or Destroyed: Whenever the city determines that a nonconforming tree or structure has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these provisions.
D. Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this article may apply to the city for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in unnecessary hardship and relief granted would not be contrary to the public interest, but will do substantial justice and be in accordance with the spirit of this article.
E. Hazard Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city or airport owner, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard. (Ord. 2001-04, 5-7-2001)
7-3-29: ENFORCEMENT:
It shall be the duty of the city to administer and enforce the regulations prescribed herein. It may delegate to the board and/or airport manager as it deems appropriate. Applications for permits and variances shall be made to the city upon a form furnished by it. Application required by this article to be submitted to the city shall be promptly considered and granted or denied. Application for action by the city shall be forthwith transmitted by it. (Ord. 2001-04, 5-7-2001)
7-3-30: APPEALS:
A. Any person aggrieved, or any taxpayer affected, by any decision of the city administering officer made in the administration of this article may appeal to the planning and zoning commission.
B. All appeals hereunder must be taken as provided by the rules of the city by filing a notice of appeal specifying the grounds thereof. The building official shall forthwith transmit to the planning and zoning commission, all the papers constituting the record upon which the action appealed was taken.
C. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official certifies after the notice of appeal has been filed that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by order of the city council.
D. The city shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.
E. The city may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as may be appropriate under the circumstances. (Ord. 2001-04, 5-7-2001)
7-3-31: PENALTIES:
Each violation of this article or any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than seven hundred fifty dollars ($750.00). Each day a violation continues to exist after official notification of such offense shall constitute a separate offense. (Ord. 2001-04, 5-7-2001)
7-3-32: CONFLICTING REGULATIONS:
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 2001-04, 5-7-2001)
7-3-33: SEVERABILITY:
If any of the provisions of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the valid provision or application, and to this end the provision of this article is declared to be severable. (Ord. 2001-04, 5-7-2001)