(A) Preamble. The purpose of this section is to provide for regulations restricting the height of structures and objects of natural growth in the vicinity of North Vernon Municipal Airport by creating appropriate zones and establishing the boundaries of such zones; to control the use of land and property within the zones for the prevention of hazards to air navigation; to protect the health, safety and general welfare of property owners around the airport by promoting land development and uses which are compatible with airport development; and to define certain terms used herein. Any state or federal laws not covered by this section will be still in force.
(B) General provisions.
(1) Short title. This section shall be known and may be cited as the North Vernon Municipal Airport Zoning Ordinance of the county.
(2) Authority. This section is adopted pursuant to the authority conferred by state law as subsequently amended.
(3) Policy.
(a) It is hereby found that an airport hazard endangers the lives and property of users of the North Vernon Municipal Airport, and property or occupants of land in its vicinity. Accordingly, it is declared:
1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by The North Vernon Municipal Airport;
2. That it is necessary in the interest of the public health, safety and general welfare that the creation or establishment of airport hazards be prevented; and
3. That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(b) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the City of North Vernon may raise and expend public funds and acquire land or interests in land.
(4) Airport Zoning (AZ) District established. The Airport Zoning (AZ) District shall include all zones as indicated on the North Vernon Municipal Airport Zoning Map, dated August 4, 1981 and Exhibit “A,” Airport Layout Plan, dated May 12, 1975 which are a part hereof and incorporated herein by reference. All land so indicated is hereby zoned and classified as the Airport Zoning District.
(5) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflicts are 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.
(6) Severability. If any of the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(C) Airport zones and zone height limitations.
(1) Airport zones. In order to carry out the provisions of this section there are hereby created and established certain zones which include all of the land lying within the approach zones, conical zone, horizontal zone, noise sensitive zones and transitional zones as they apply to the airport. Such zones are shown on the North Vernon Municipal Airport Zoning Map, dated August 4, 1981, which is made a part of this section by reference. The various zones are hereby defined as follows.
(a) Utility Runway 15-33, Visual Approach Zones. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(b) Runway 5-23, Larger Than Utility With A Visibility Minimum Greater Than % Mile, Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(c) Conical Zone. The Conical Zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. The conical zone does not include the Precision Instrument Approach Zone and the transitional zones.
(d) Horizontal Zone. The Horizontal Zone is hereby established by swinging arcs of 10,000 feet 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.
(e) Noise Sensitive Zone. These zones are established as the areas lying 1,500 feet on either side of the centerline and extended centerline of runways for a distance of one nautical mile from the point which the extended runway centerline crosses the airport boundary of the airport. There are no slope or height limitations.
(f) Transitional Zones. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline and the runway extended centerline. Transitional Zones, for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach zones and at 90-degree angles to the extended runway centerline.
(2) Zone height limitations.
(a) Except as otherwise provided in this section, no structure or tree erected, altered, allowed to grow or be maintained in any zone created by this section to a height in excess of the applicable height limits herein established for such zone.
(b) The applicable zone height limitations are hereby described as follows.
1. Utility Runway 15-33, Visual Approach Zone. Slope upward 20 feet 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 5,000 feet along the extended runway centerline.
2. Runway 5-23, Larger Than Utility With A Visibility Minimum Greater Than % Mile, Non-Precision Instrument Approach Zone. Slopes upward 34 feet 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 10,000 feet along the extended runway centerline.
3. Conical Zone. Slopes upward and outward 20 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
4. Horizontal Zone. One hundred and fifty feet above the airport elevation and a height of 908 feet mean sea level.
5. Transitional Zones. Slopes upward and outward seven feet 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 150 feet above the airport elevation and 908 feet mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet 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. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.
6. Excepted height limitations. Nothing in this section shall be construed as prohibiting the planting, growth, construction or maintenance of any tree or structure to a maximum height of 150 feet above the ground for which the structure is erected on or 908 feet above mean sea level, which ever is less; provided however, that such maximum height does not conflict with any of the approach and transitional zones of this section.
(D) Uses prohibited and permitted in AZ District.
(1) Uses prohibited.
(a) Communication and visibility. No use may be made of land within the established Airport Zoning (AZ) District in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport of otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft.
(b) Places of public assembly. No structures, buildings or premises used for public assembly, including schools, libraries, churches, hospitals, child care institutions, stadiums, theaters, public assembly halls and auditoriums, carnivals and amusement parks, sports arenas, museums or similar facilities shall be erected, relocated or converted for use within the Approach Zones, Noise Sensitive Zones and Transitional Zones.
(c) Residential uses. No single-family, two-family or multi-family residential uses, including mobile home parks, shall be allowed within the approach, transitional and noise sensitive zones established by this section, except when such use is accessory to agricultural or other principal use of land. Also, excepting those single-family residential uses that agreed to the covenant, as worded in Appendix A
following this chapter and recorded with the deed.
(2) Uses permitted. The following uses are permitted, provided however, that they meet other requirements of this section:
(a) Agricultural uses, utility and service system buildings and lands, cemetery or crematory, low density park, picnic and recreational facilities, improvement and/or expansion of the airport, automobile and farm equipment sales, repair and services, parking lots; and
(b) Accessory buildings and uses.
(3) Special exceptions. The following uses are permitted as special exceptions when authorized by the Board of Zoning Appeals. Such special exceptions shall be subject to the requirements the Board of Zoning Appeals feels necessary to further the purpose of the Airport Zoning District as stated in the preamble in division (A) above.
(a) Quarrying and mining of natural resources, sanitary landfill and other types of landfill, public or private golf courses and driving ranges, industrial parks and light industrial uses, commercial greenhouses, plant nurseries, hotel, motel, sale barns for livestock resale, business and retail uses, restaurants and other service facilities, police or fire stations;
(b) Advertising structures and signs, elevated water storage tanks, elevated transmission and communication lines; and
(c) Present church and school properties under existing ownerships as of and prior to the date of the adoption of the Airport Zoning District are exempted when used in conjunction with the intended school and church activity.
(4) Non-conforming uses.
(a) Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a non-conforming 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 of this section, and is diligently prosecuted.
(b) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing non-conforming 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 North Vernon Board of Aviation Commissioners to indicate to the operators or 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 City of North Vernon.
(E) Permits.
(1) Future uses. No material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted.
(a) A permit for a structure of less than 150 feet of vertical height above the ground and 908 feet above mean sea level shall not be required in the horizontal and conical zones.
(b) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use or structure would conform to the regulations herein described. If such determination is in the affirmative the permit shall be granted.
(c) An application is required for a tree anticipated to encroach upon the approach or transitional zones.
(d) Each application will require proof of the Department of Transportation, Federal Aviation Administration (FAA) Aeronautical Study Review and Determination of No Hazard. Notice of Proposed Construction or Alteration, FAA Form 7460-1, or as amended may be requested by writing to the:
Department of Transportation
Federal Aviation Administration
Airspace and Procedures Branch
Great Lakes Region
2300 East Devon Avenue
Des Plaines, Illinois 60018
(e) In the event the Board of Aviation Commissioners of the city should determine at some point in the future to extend the runway at the City of North Vernon’s Airport from its present length of 4,500 feet to its planned length of 5,000, the Board of Aviation Commissioners shall give notice to contiguous property owners of its intention to construct said extension at least six months prior to the commencement of construction or whatever period may be required by federal regulation. In the event such extension is carried out, any tree cutting or topping made necessary by the extension of said runway shall be done at the cost of the Board of Aviation Commissioners. In the event it shall become necessary to remove timber due to said extension, the Board of Aviation Commissioners shall obtain at least two appraisals of the fair market value of the timber to be removed and shall pay the owner thereof fair compensation for the removal of said timber. In the event the Board of Aviation Commissioners removes said timber, the Board of Aviation Commissioners shall be entitled to dispose of it in the manner in which it sees fit. This division (E)(1)(e) shall be deemed to apply only to those trees or other natural growth which are in existence on the original date of the enactment of this amendment by the Common Council of the City of North Vernon, which date was March 30, 1987.
(2) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section 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.
(3) Non-conforming uses abandoned or destroyed. Whenever the Building Commissioner determines that a non-conforming tree or structure has been abandoned or more than 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 the zoning regulations.
(4) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this section, may apply to the Board of Zoning Appeals 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 practical difficulty or unnecessary hardship and relief granted would be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this section. The State Department of Transportation, Division of Aeronautics will be notified of all intended variance approvals and allowed 30 days for review and comment.
(5) Hazard marketing and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the North Vernon Board of Aviation Commissioners, at the Board’s 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.
(F) Enforcement and penalties. It shall be the duty of the County Area Plan Commission to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the County Area Plan Commission upon a form furnished by them. Applications required by this chapter to be submitted to the County Area Plan Commission shall be promptly considered and granted or denied by them. Application for action by the Board of Zoning Appeals shall be forthwith transmitted by the County Area Plan Commission.
(Ord. passed 9-1-2006)
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