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AIR SPACE CONTROL AREA DISTRICTS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. Marion Municipal Airport.
AIRPORT ELEVATION. The highest point of an airport's usable landing area measured in feet from sea level.
HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT. For the purpose of determining the height limits in all zones and surfaces set forth in this chapter and shown on the Marion Municipal Airport Imaginary Surfaces Map, Airport Height Restrictions Map, and Airport Noise Sensitive Area Map, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT PRIMARY SURFACE. The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
NONPRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTION. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 153.102.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is:
(1) Two hundred fifty feet for utility runways having only visual approaches.
(2) Five hundred feet for utility runways having nonprecision instrument approaches.
(3) For other than utility runways the width is:
(a) Five hundred feet for visual runways having only visual approaches.
(b) Five hundred feet for nonprecision instrument runways having visibility minimums greater than three-fourths statute mile.
(c) One thousand feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways.
(4) The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, electronic transmission or receiving towers, buildings used for a noise sensitive purpose, landfills, and antennae and overhead transmission lines.
TREE. Any object of natural growth.
UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approaches planned.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
(A) In order to carry out the provisions of this chapter, there are created and established certain surfaces and areas which include all of the land lying beneath the noise sensitive area, approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Marion Municipal Airport. Such surfaces are shown on Marion Municipal Airport Imaginary Surfaces Map, Airport Height Restrictions Map, and Airport Noise Sensitive Area Map consisting of three sheets, and dated May 10, 2010 which is attached to this chapter and is made a part hereof. For height limitation purposes, an area located in more than one of the following surfaces is considered to be only in the surface with the more restrictive height limitation.
(B) The various surfaces are established and defined as follows.
(1) Utility runway visual approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 500 feet wide. The approach surface 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.
(2) Utility runway nonprecision instrument approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 500 feet wide. The approach surface expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(3) Runway larger than utility visual approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 500 feet wide. The approach surface expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the runway.
(4) Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 500 feet wide. The approach surface 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 runway.
(5) Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 1,000 feet wide. The approach surface expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(6) Precision instrument runway approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 1,000 feet wide. The approach surface expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(7) Heliport approach surface. The inner edge of this approach surface coincides with the width of the primary surface and is 100 feet wide. The approach surface expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.
(8) Transitional surface. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, 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 surface and at 90 degree angles to the extended runway centerline.
(9) Heliport transitional surface. These surfaces extend outward from the sides of the primary surface and the heliport approach surface a horizontal distance of 250 feet from the primary surface and centerline and the heliport approach surface centerline.
(10) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in is constructed by swinging 10,000 feet arcs from the center of the each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The horizontal surface does not include the approach and transitional surfaces.
(11) Conical surface. The conical surface is established as the area that commences at the periphery of the horizontal surface and extends outward and upward at a slope of 20 to one for a horizontal distance of 4,000 feet.
(12) Noise sensitive area. An area lying 1,500 feet on either side of the centerline and the extended centerline of a runway for a distance of one nautical mile from the boundaries of any public use airport.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
(A) Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any surface created by this chapter to a height in excess of the applicable height limit herein established for such surface.
(B) Such applicable height limitations are established for each of the surfaces in question as follows.
(1) Utility runway visual approach surface. Slopes 20 feet outward for each foot upward 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) Utility runway nonprecision instrument approach surface. Slopes 20 feet outward for each foot upward 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.
(3) Runway larger than utility visual approach surface. Slopes 20 feet outward for each foot upward 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.
(4) Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach surface. Slopes 34 feet outward for each foot upward 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.
(5) Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach surface. Slopes 34 feet outward for each foot upward 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.
(6) Precision instrument runway approach surface. Slopes 50 feet outward for each foot upward 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; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
(7) Heliport approach surface. Slopes eight feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along heliport approach surface centerline.
(8) Transitional surfaces. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 859 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach surface project beyond the conical surface, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.
(9) Heliport transitional surface. Slope two feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach surfaces and extending a distance of 250 feet measured horizontally from and at 90 degree angles to the primary surface centerline and heliport approach surfaces and centerline.
(10) Horizontal surface. Established at 150 feet above airport elevation or at a height of 1,009 feet above mean sea level.
(11) Conical surface. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal surface and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(12) Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 50 feet above the surface of the land.
(C) Except as otherwise provided in this chapter, no person shall erect a structure used for a noise sensitive purpose within the noise sensitive area as defined by this chapter and by I.C. 8-21-10.
(D) Except as otherwise provided in this chapter, no person shall develop a landfill within 10,000 feet of any Marion Municipal Airport runway end, in accordance with 329 IAC 10-16-1, Municipal Solid Waste Landfills, Location Restrictions.
(E) Except as otherwise provided in this chapter, uses that the FAA determines will increase the possibility of aircraft bird strikes such as ponds, waste disposal operations, wastewater treatment plants, certain agricultural applications and other uses that are considered wildlife attractants (as defined by FAA AC 150/5200-33B, Hazardous Wildlife Attractants Near Airports) shall be prohibited within the horizontal surface, unless specifically approved on the airport proper by the FAA, and are discouraged within five statue miles of a Marion Municipal Airport runway end.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
Notwithstanding any other provisions of this chapter, no use may be made of land within any surface established by this chapter 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 airport lights and others, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
(A) Regulations not retroactive. The regulations prescribed by 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 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 of this chapter and is diligently prosecuted.
(B) Marking and lighting. Notwithstanding the preceding provision 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 airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
(A) Future uses.
(1) Except as specifically provided herein, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any surface created unless a permit therefore shall have been applied for and granted. Each application for a permit shall include evidence that a Determination of No hazard to Air Navigation has been issued by the FAA per Federal Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace (and all amendments, revisions, or superseding laws) for the structure or demonstrate that notice to the FAA was not required. Each application shall also include evidence that a permit for the structure has been issued from the Indiana Department of Transportation per I.C. 8-21-10, Regulation of Tall Structures (and all amendments, revisions, or superseding laws) or demonstrate that a permit from the Indiana Department of Transportation was not required. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 153.105(D). In the area lying within the limits of the horizontal surface, conical surface and transition surface no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such surfaces.
(2) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter except as set forth in § 153.102(B)(12)).
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or free to become a greater hazard to air navigation than it was on the effective date of this chapter 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 Commission determines that a nonconforming 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.
(D) 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 Board of Zoning Appeals for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal, application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Marion Board of Aviation Commissioners for advice as to the aeronautical effects of the variance. If the Marion Board of Aviation Commissioners does not respond to the application within 21 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny said application.
(E) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals, this condition may be modified to require the owner to permit the airport at its own expense to install, operate, and maintain the necessary markings and lights.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
It shall be the duty of the Commissioner to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Commission upon a form published for that purpose. Applications required by this chapter to be submitted to the Commission shall be promptly considered and granted or denied. Application for action by the Board of Zoning Appeals shall be forthwith transmitted by the Commission.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
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