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(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)
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