(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Hot Springs Municipal Airport.
AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at the airport or as is otherwise hazardous to such landing or taking-off of aircraft.
NONCONFORMING USE. Any structure or neglected tree or use of land which does not conform to a regulation prescribed in this section or an amendment thereto as of the effective date of such regulations. See § 155.005.
PERSON. Any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
STRUCTURE. Any object constructed or installed, including, but not limited to, buildings, towers, smokestacks, granaries and overhead transmission lines.
TREE. Any vegetative object of natural growth.
(B) Administration and enforcement.
(1) It shall be the duty of the Airport Manager and/or the Development Coordinator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Airport Manager upon a form furnished by the city. Applications which are by this section to be decided by the Airport Manager shall be considered in a timely manner and granted or denied.
(2) Applications for a new physical project shall be transmitted to the Airport Manager and then to the Development Coordinator. If the topic of the application involves a topic of a technical nature the project may be referred the Airport Advisory Committee for comments and recommendations. The Advisory Committee will make their recommendation to the Planning and Zoning Commission (PZC) for their review. The PZC recommendation will be sent to the City Council for its review and decision.
(C) Application of this section in cases of conflict. Where this section imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation, the provisions of this section shall govern.
(D) Adoption of airport zones - zoning map.
(1) For the purpose of this section, all of the land lying within the outer boundary of the zoned area of the airport is divided into the following zones and areas:
(a) Inner zone:
1. Landing area;
2. Inner areas of approach zones;
3. Transition zones.
(b) Outer zone:
1. Outer areas of approach zones;
2. Turning zones.
(2) The boundaries of these zones and areas are hereby established as shown on the airport zoning map, dated 7-30-2019, and on file in the office of the Development Coordinator. The boundaries of said zones and areas may be amended and supplemented from time to time by the Airport Advisory Committee and the PZC and approved by the City Council. The Airport Manager and Development Coordinator shall maintain said map up-to-date at all times.
(E) Permit required for 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 hereby created, unless an airport building permit has been applied for and granted.
(F) Airport use permit required for alterations.
(1) Before any existing use, or structure may be replaced, substantially altered, repaired or rebuilt, within any zone hereby created, an airport use permit must be secured authorizing such replacement, change or repair.
(2) No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, or to allow a structure or modification to become a greater hazard to air navigation than it was on the effective date of this zoning amendment.
(3) While evaluating the application the following information shall be considered:
(a) The actual or projected characteristics of the use in relationship to the uses and needs of the airport;
(b) The size and relative site area of the project and its conformance with the Airport Master Plan;
(c) The relative number of employees or customers generated by the activity;
(d) Hours of operation;
(e) Vehicles, equipment and utility needs of the proposed activity;
(f) Potential wildlife hazards associated with the activity.
(G) Abandonment or destruction of nonconforming uses. Whenever the Airport Manager determines that a nonconforming structure has been abandoned or more than 50% torn down, physically deteriorated or decayed:
(1) No permit shall be granted that would allow such structure to exceed the applicable height limit or otherwise deviate from the zoning regulations; and
(2) Whether application is made for a permit under this division or not, the Airport Manager may by appropriate action compel the owner of the nonconforming structure at his own expense, to lower, remove, or reconstruct such objects as may be necessary to conform to the regulations or, if the owner of the nonconforming structure shall neglect or refuse to comply with such an order after ten days’ notice, the Airport Manager may proceed to have the object so lowered, removed, or reconstructed and assess the cost and expense thereof upon the owner of the building whereon it is or was located.
(I) Permits and variances may be conditioned to require marking and lighting of airport hazards. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this section and reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to permit the city to install at the owner’s expense, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(J) Unlawful and prohibited uses. Except as otherwise provided in this section, it shall be unlawful to place on any land located within any zone hereby created to any of the following prohibited uses:
(a) Transformer stations.
(b) High power transmission lines.
(c) Manufacturing establishments or other uses which produce smoke or steam interfering with the safe use of the airport.
(d) All plants and businesses of every kind which emit or discharge gases and odors that would interfere with the health or safety of the public in the use of the airport.
(e) Businesses or structures of any kind that may be detrimental or injurious to the health, safety, and general welfare of the public in the use of the airport.
1. No glare-producing materials shall be used on the exterior of any structure, including metal building materials, which are hazardous to aviation or could result in a glare in the vision of pilots using the airport.
2. There shall not be a display of signs or billboards which produce a flashing or blinking effect that could interfere with an aircraft or a pilot’s ability to identify airport lights, nor any lighting projected upward or mimicking runway edge lighting.
(f) Any other use which would create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the vision of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off or maneuvering of aircraft.
(K) Existing nonconforming uses. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date hereof.
(L) Requirement for conforming to certain height limitations.
(1) Except as otherwise provided in this section, no structure or tree shall be erected, altered, allowed to grow or be maintained in any part of the inner or outer zones created by this section to a height in excess of the height limits hereby established for such zones.
(2) The height limits for each of the zones and areas created are hereby established as shown and noted on the Airport Layout Plan.
(M) Requirements and procedures for appeals of decisions.
(1) Any person aggrieved or taxpayer affected, by any decision of the Airport Manager, made in his or her administration of this section, or any governing body of a political subdivision, is of the opinion that a decision of the Airport Manager is an improper application of these regulations, may appeal to the Hot Springs Airport Advisory Committee which in turn would make their recommendation to the Hot Springs City Council.
(2) The City Council shall fix a time for the hearing of the appeal, give public notice and due notice to the parties in interest and decide the same within a reasonable time.
(3) The City Council may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.
(N) Airport zone map. The location, size, shape, and boundaries of the zones to which the provision of the text of this section are applicable, shall be indicated on the Hot Springs Municipal Airport Zone Map, and so reviewed by the Airport Advisory Committee and together with the text, shall be maintained by the City Development Coordinator and the Airport Manager. Said map shall be the airport zoning map, for the purpose of enforcement of this ordinance.
(O) Statement of purpose for Airport Zone A.
(1) This zone provides for development around the airport that will allow the highest use of the land, yet will be compatible with airport operations.
(2) This zone limits or restricts the uses which are permitted for the zoning districts which lie within the boundaries of Airport Zone A. Any structural development must meet the criteria for height restrictions as well as compatibility.
(P) Principal permitted uses. The following are permitted as the principal uses of any property in the Airport Zone A:
(1) Aviation associated activity;
(2) Air terminals;
(3) Aircraft hangers;
(4) Runways, taxiways, aprons, and related lighting and air support apparatus;
(5) Airport administration and maintenance buildings and facilities;
(6) Airport security, rescue, and firefighting buildings and facilities;
(7) Aircraft repair and maintenance buildings and facilities;
(8) Fuel storage facilities and pumps;
(9) Commercial uses directly related to airport operations;
(10) Public gatherings in conjunction with an airport-related activity sponsored or approved by the Airport Manager;
(11) Air cargo facilities;
(12) Other related airport and municipal uses and structures;
(13) Municipal emergency response facilities;
(14) Agricultural uses provided they do not result in a concentration of birds or other wildlife, which poses a threat to aviation operations, or a visibility problem due to the height of vegetation;
(15) Any use which can meet the purposes and performance standards set forth for the respective zoning districts, but not specifically excluded or specifically mentioned as belonging in another less restrictive district.
(Q) Certain uses in Airport Zone A declared incompatible and excluded. The following uses are hereby declared incompatible with the purpose of airport zone A and are expressly excluded:
(1) All residential dwellings;
(2) Auditoriums, concert halls, music shells, and outdoor theaters;
(3) Churches, schools, colleges, rest homes, retirement homes, and similar facilities;
(4) Hospitals and clinics;
(5) General public office buildings;
(6) Mortuaries, funeral homes and funeral chapels;
(7) Industrial and manufacturing establishments or other uses which produce smoke or steam interfering with the safe use of the airport;
(8) Any other use which would create electrical interference with radio communications between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, or result in a glare in the vision of flyers using the airport, impair visibility in the vicinity of the airport.
(R) Statement of purpose in Airport Zone B. This zone provides for future uses on the airport property.
(S) Accessory uses. Any accessory use normally appurtenant to a permitted use shall be allowed provided such a use shall conform to all performance standards set forth under airport zoning.
(T) Airport Master Plan. All existing and proposed uses, structures and activities shall comply and be in harmony with the Airport Master Plan, Hot Springs Municipal Airport, Hot Springs, SD SEH No. HOTSP 129766 4.00 dated March 10, 2016 and all subsequent updates and revisions.
(Ord. 1201, passed 9-3-2019)