(A) Purpose. In order to protect the health, safety and welfare of all persons using the Kelleys Island Municipal Airport, both private and commercial, the Council has determined that it is necessary to regulate persons obtaining access to the municipal airport.
(B) Access. No person shall mow grass, plow snow or take any equipment onto the municipal airport for any purpose whatsoever unless authorization is granted by the Airport Manager or Mayor. No person, including adjacent property owners, shall make any improvements, excavations, fill, repair, or otherwise access the municipal airport for any reason unless authorized to do so. Access to the municipal airport is limited solely to those areas designated on the Airport Layout Plan as adopted by Council in Ordinance 2000-O-11, or as otherwise amended, and that of the Airport Consulting Engineer as to the safest location of ingress and egress.
(C) Aircraft access permit. The purpose of this regulation is to establish guidelines for the ingress and egress of aircraft (provided that they are not used for commercial purposes) from the municipal airport onto adjacent residential private property and allows the village to address safety issues related to all aircraft using the municipal airport.
(1) No person shall taxi an airplane either from the municipal airport to residential property or from residential property to the municipal airport without first obtaining an aircraft access permit from the village. The aircraft access permit will be written in accordance with the Policy and Procedures Memorandum Number 5190.6 of the U.S. Department of Transportation Federal Aviation Administration and may contain other requirements deemed necessary for the safe operation of ground traffic at the municipal airport. An aircraft access permit may be issued only to those properties adjacent to the airport that have an immediate need of access and who can ingress and egress an active runway according to FAA rules and regulations. Only one aircraft access permit will be granted to multi-property owners adjacent to the airport and it will be the determination of the Airport Consulting Engineer as to the safest location of the point of access. This section may be amended when a taxiway is constructed parallel to an active runway. The application for the aircraft access permit shall be on a form provided by the Airport Committee, and shall be accompanied by the fee which shall be established from time to time by Council.
(2) Aircraft access permits may be granted only after a full review by the Airport Consulting Engineer and through a resolution adopted by the Council. The aircraft access permit shall be of such a term as established by Council. The aircraft access permit will automatically terminate upon a change of ownership of the real estate that is the subject of the permit. No aircraft access permit is transferable to any third party or successor in title. Property owners whose land is adjacent to the municipal airport will make it known to any potential buyers of their property that there is no access to the airport runway from their property except through an aircraft access permit and that any previously granted aircraft access permit is not transferable to any potential buyer.
(3) The village reserves the right to revoke any aircraft access permit or prohibit any person from the use of the municipal airport for any misuse, neglect and/or the violation of the rules and regulations of the airport or any state law or village ordinance relating to the use of the municipal airport.
(4) The applicant for an aircraft access permit or the holder of an aircraft access permit whose permit has been revoked, may appeal any adverse decision to the Board of Zoning Appeals. Appeals to the Board of Zoning Appeals should be made no later than 30 calendar days after the date of any adverse decision relative to the aircraft access permit. The appellant shall post security in an amount that has been set by the Village Council for the cost of all action required for the hearing of the appeal. This security shall be refunded only if the appeal is withdrawn prior to the mailing of any hearing notices.
(5) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Airport Manager, with the advice of the Airport Consulting Engineer, shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Board of Zoning Appeals or by a court of competent jurisdiction. The Board of Zoning Appeals shall schedule a hearing within 45 days after the appeal is filed with the board. The Board of Zoning Appeals may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a license agreement. The Board of Zoning Appeals shall decide all such appeals within 30 days after the date of the hearing except that such time may be extended by mutual consent.
(6) The Board of Zoning Appeals, in deciding appeals under this section, shall utilize the procedure set forth in § 152.108.
(D) Penalty. Whoever violates this section is guilty of a first degree misdemeanor.
(Ord. 2001-O-27, passed 6-28-01; Am. Ord. 2001-O-50, passed 8-23-01; Am. Ord. 2014-O-18, passed 12-13-14)