(A) Purpose and intent. The Airport Overlay District permits operation of the Mt. Comfort Airport and regulates uses adjacent to the airport to ensure compatible growth and development. District regulations control building height and prohibit uses that create electrical interference.
(B) Height restriction zones. There are hereby created and established certain zones which include all of the land lying within and under the approach surfaces, transition surfaces, horizontal surfaces, and conical surfaces. The zones and surfaces are shown on the Mt. Comfort Airport Zoning Map. The various zones are hereby established and defined as follows:
(1) Precision instrument approach surface. The land area located at each end of each instrument runway to be equipped for precision landings, its surface area having a width of 1,000 feet at a horizontal distance of 200 feet beyond each end of the runway and widening thereafter uniformly to a width of 16,000 feet at a horizontal distance of 50,200 feet beyond each end of the runway, its centerline being the continuation of the runway centerline.
(2) Non-precision instrument or visual approach surface. The land area located at each end of each non-precision instrument or visual runway for landings and take-offs, its surface area having an inner width identical to width of the primary surface at a width of 4,000 feet at a distance of 10,200 feet beyond the end of the runway. The approach surface centerline is the continuation of the runway centerline.
(3) 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, but when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The elevation of the nearest point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is 500 feet for visual runways and 1,000 feet for all other runways. The width of the primary surface is the width prescribed for the most precise approach to either end of the runway.
(4) Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of a precision approach surface 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 right angles to the runway centerline.
(5) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 for visual runways and 10,000 for all other runways.
(6) Conical surface. The land area beginning at the periphery of the horizontal surface area and thence extending outwardly for a horizontal distance of 4,000 feet.
(C) Height limitations. Except as otherwise provided herein, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this section to a height in excess of the height limit herein established for the zone. The height limitations are computed from the applicable runway and elevation or the airport elevation as appropriate, and are hereby established for each of the zones in question. When an area is covered by more than one height limitation, the more restrictive limitation shall prevail. Nothing in this section shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height 50 feet or less above the surface of the land.
(1) Precision instrument approach surface. Height limits shall be one foot in height for each 100 feet in horizontal distance beginning at a point 200 feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway, thence one foot in height for each 50 feet in horizontal distance to a point 50,200 feet from the end of the runway.
(2) Non-precision instrument or visual approach surface. Height limits shall be one foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the end of the non-precision instrument runway and extending to a point 10,200 feet from the end of the runway.
(3) Transitional surface. Height limits shall be one foot in height for each seven feet in horizontal distance beginning at the primary surface edge, measured at right angles to the longitudinal centerline of the runway, extending upward to a maximum height of 150 feet above the established airport elevation. In addition to the foregoing, there are established height limits of one foot in vertical height for each seven feet in horizontal distance measured from the edges of all approach surfaces for the entire length of the approach surface and extending upward and outward to the points where they intersect the horizontal and conical surfaces. Further, where the instrument approach surface projects through and beyond the conical surface, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach surface and extending a distance of 5,000 feet from the edge of the precision instrument approach surface measured at right angles to the continuation of the centerline of the runway.
(4) Conical surface. Height limits shall be one foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal surface and measured perpendicularly to the periphery of the horizontal surface.
(D) Permitted land uses. Unless otherwise prohibited by this section, all uses permitted in an underlying base zoning district shall be permitted in the Airport Overlay District.
(E) Special exception uses. The following types of uses shall be special exceptions within the runway clear zone, provided that they are also listed as permitted or special exception uses in the underlying standard zones:
(1) Mixed non-residential uses;
(2) Shopping centers not exceeding 15,000 square feet in gross floor area;
(3) Cemeteries; and
(4) Hotels.
(F) Land use restrictions. No land may be used in the Airport Overlay District in a manner so as to create electrical or radar interference with radio communication between the airport and aircraft, making it difficult for flyers to distinguish between airport lights and others, resulting in glare in the eyes of the flyers using the airport, impairing visibility in the vicinity of the airport, or otherwise endangering the landing, taking off, or maneuvering of aircraft. The following land use restrictions shall apply:
(1) Bird strike hazards restrictions. No waste disposal site, solid waste transfer station, recycling facility, or other bird attracting use shall be located within the Airport Overlay District without approval and proper authorization by the Federal Aviation Administration.
(2) Height restriction exemptions. The following uses and structures are hereby exempt from the height restrictions of this section:
(a) A structure or object that is shielded by existing permanent structures or by natural terrain or topographic features of equal or greater height and is located in an area of established development where it is evident that the shielded structure would not adversely affect aircraft navigation.
(b) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device of a type approved by the FAA and the height of which is fixed by its functional purpose.
(c) Any structures owned or maintained by the airport or any branch of government for utility purposes.
(3) Prohibited uses. The following types of uses shall be prohibited within the runway clear zone:
(a) Auditoriums;
(b) Amphitheaters;
(c) Day care facilities;
(d) Concert halls;
(e) Hospitals;
(f) Major residential plats;
(g) Major commercial or industrial plats with a residential component;
(h) Mobile home parks;
(i) Nursing homes;
(j) Outdoor music facilities;
(k) Public and private educational institutions;
(l) Religious places of worship;
(m) Wireless communication facilities;
(n) Any uses involving the sales, storage, manufacture, and/or distribution of gasoline, propane, or other flammable, toxic, explosive, radioactive, bio-hazardous materials in a quantity and of a type that would further jeopardize the health of aircraft occupants, bystanders, and emergency personnel in the event of an aircraft accident; and
(o) Any uses not expressly identified above, in addition to all uses legally existing before the effective date of this chapter, shall be permitted in the runway clear zone.
(4) Noise protection. All structures as defined in the Act permitted in the Noise Sensitive Zone after effective date of this chapter shall obtain a noise-sensitive permit from the Indiana Department of Transportation, Aeronautics Section in accordance with the procedures specified in the Act at I.C. 8-21-10-3.
(G) Nonconforming uses. The height limits and use limitations established 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 subsection, or otherwise interfere with the continuance of any nonconforming use. Nothing herein shall require any change in 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.
(H) Safety lights. The owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of markers and lights as shall be deemed necessary by the Indianapolis Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of airport hazards. The markers and lights shall be installed, operated, and maintained at the expense of the Indianapolis Airport Authority.
(I) Permits. No permit for construction or alteration of a structure or use within the Airport Overlay District shall be granted except in accordance with the following provisions:
(1) Airport hazards. No permit shall be granted for the establishment or creation of an airport hazard or to permit a nonconforming use, structure, or tree to be made or to become higher, or 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.
(2) Abandonment. Whenever the Administrative Officer or designated authority determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(J) Definitions. See § 154.005, Definitions.
(Ord. 121410, passed 1-11-2011)