15-24-3: DEFINITIONS:

As used in this chapter, the following terms mean:

AERONAUTICAL ACTIVITY OR PRODUCT: Any activity or product which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations.

AIRPORT APPROACH AREA: The specified area at each end of the airport landing area required for the safe flight of aircraft in landing, taking off or maneuvering at or in the vicinity of the airport.

AIRPORT APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL SURFACE ZONES: These zones apply to the area under the approach, transitional, horizontal, and conical surfaces as defined in subsection 15-24-10D of this chapter.

AIRPORT ELEVATION: The elevation in feet above mean sea level of the highest point of the landing area of the airport.

AIRPORT HAZARD: Any structure or natural growth of use of land which penetrates, obstructs, or restricts the airspace required for the safe flight of aircraft in landing, taking off, or maneuvering at or in the vicinity of an airport, or is otherwise hazardous to such landing, taking off, or maneuvering of aircraft.

AIRPORT INSTRUMENT LANDING AREA: A landing area equipped with precision electronic air navigation aids adequate to permit the landing of aircraft by an instrument approach under restricted visibility conditions.

AIRPORT LANDING AREA: The runway or the specially prepared surface within the boundaries of an airport designed for aircraft landing and taking off operations.

AIRPORT NONINSTRUMENT LANDING AREA: Any landing areas other than an instrument landing area.

AIRPORT 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 has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

AIRPORT 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 by an FAA approved airport layout plan or any other FAA planning document, or military service's military airport planning document.

AIRPORT PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends two hundred feet (200') beyond the end of that runway; but when the runway has no specifically prepared hard surface, or planned hard surface, the primary surface ends at the end of that runway. The width of the primary surface of a runway will be that width prescribed in part 77 of the federal aviation regulations (FAR) 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.

AIRPORT RUNWAY: The paved surface of an airport landing area.

AIRPORT VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedure with no straight in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

AIRSIDE: The movement and nonmovement areas of the airport accessible to aircraft. Includes all runways, taxiways, taxi lanes, hangars and ramps.

LANDSIDE: The areas of the airport property accessible to vehicles only, generally limited to the terminal areas, public parking areas, and other buildings and businesses inaccessible to aircraft.

(Ord. 2002-24, 6-4-2002, eff. 6-16-2002)

15-24-4: USES ALLOWED IN EACH AIRPORT ZONE:

Of the following list of possible uses, those uses designated in any district as a "P" are permitted uses; uses designated with a "C" will be allowed only when authorized by a conditional use permit obtained as provided in chapter 7 of this title; uses designated with an "N" and uses that are not listed are not allowed. Accessory uses to the permitted or conditional uses are allowed.

Uses			A-C	A-I
Entertainment and recreational:
	Indoor cultural, entertainment and recreation uses and businesses which provide as a main use activities for patrons of all ages by means of film, performance or action, e.g., movie theaters, live theater, sports.		P	N
	Indoor or outdoor public events or civic activities.		P	P
Institutional:
	Aeronautically related educational institutions, e.g., flight schools, flight simulator training facilities, etc.		P	P
	Aeronautically related trade or vocational school, e.g., flight support services, aircraft maintenance training, etc.		P	P
	Public buildings or other public uses.		P	P
Manufacturing:
	Manufacturing establishments solely engaged in the assembly of already processed materials into new aeronautically related products, e.g., flight simulators, flight instruments, avionics, airframes, etc., provided the activity is conducted and all materials and new products are stored within a completely enclosed building, and:
		The activity does not produce noise, smell, or smoke detectable outside the building.	C	P
		The activity does not produce smoke or smell and does not produce noise greater than the maximum allowable sound levels listed in title 12, chapter 14 of this code.	N	P
	Manufacturing process which involves refining, casting, cutting, processing, creating, or assembling of new aeronautically related products, e.g., light metal part molding, aircraft engine components, composite materials, tool machining, semiconductors, crystals, etc., provided manufacturing process and storage of materials and new products occurs inside an enclosed building, and:
		The process does not produce noise, fumes, smoke, or waste products that can be detected outside the building.	C	P
		The process does not produce smoke, fumes or waste products that can be detected outside the building, or noise greater than the maximum allowable sound levels listed in title 12, chapter 14 of this code.	N	P
	Manufacturing process which involves refining, casting, cutting, processing, creating, or assembling of new nonaeronautically related products, e.g., book publishing, printing, foreign trade zone (FTZ) companies, etc., provided manufacturing process and storage of materials and new products occurs inside an enclosed building, does not produce noise, smell, or smoke or waste products detectable outside the building, and does not occupy more than 20 percent of the floor area of an existing building. Existing building must have at least 80 percent floor area occupied by other allowed uses when the conditional use permit is granted.		C	N
Residential:
	Dormitories for air support operations or facilities.		N	P
	Dormitories for flight training or other educational facilities.		C	P
	Single-family dwelling unit for night watchman and family provided unit is attached to and accessory to a permitted use on the site.		C	C
Sales:
	A sales establishment of less than 1,000 square feet of floor area doing business in an enclosed permanent structure engaged in the selling of goods or merchandise to the general public for personal, household, or business use (excluding retail tobacco specialty business) and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, jewelry, toys, etc.		P	N
	A sales establishment of 1,000 to 5,000 square feet of floor area doing business in an enclosed permanent structure engaged in the selling of goods or merchandise to the general public for personal, household, or business use (excluding retail tobacco specialty business) and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, jewelry, toys, etc.		C	N
	A sales establishment of greater than 5,000 square feet of floor area doing business in an enclosed permanent structure engaged in the selling of goods or merchandise to the general public for personal, household, or business use and rendering services incidental to the sale of such goods, e.g., grocery, clothing, supplies, jewelry, toys, etc.		N	N
	A sales establishment engaged in the preparing, serving and selling of food and drink for human consumption on or off premises, e.g., restaurants, drive-ins, etc.		P	N
	A sales establishment that in addition to food and drink provides live entertainment, e.g., cabaret. In addition to the requirements of the conditional use permit process, the planning commission shall consider the potential effects of cabaret operations on adjacent uses, including, but not limited to, any residential dwellings in the vicinity, considering hours of operation, noise, parking and traffic conflicts, and possible activities of patrons on and around the site.		C	N
	Sales establishments which engage in the sales of aircraft or aircraft parts and equipment, e.g., aircraft brokers, aircraft distributors, aircraft dealers, aircraft accessories, etc.		P	C
	Sales establishment primarily involved in the retail sale of motor fuels dispensed on site, e.g., service station, gas station, convenience store.		C	N
	Sales establishment that has general and aviation fuel storage tanks, e.g., fuel farms, aboveground tanks intended to be used for storage of fuel for retail sales.		C	C
	Sales establishments that engage mainly in selling alcoholic beverages, e.g., drinking establishments, liquor stores. In addition to the requirements of the conditional use process, the following conditions shall apply:		C	N
		A. Establishment must be located in, or accessory to, a hotel, restaurant, or terminal.
		B. Parking shall be located on the same lot with the building and conveniently located to the entrance of the building. In determining conveniently located parking, the planning commission shall consider:
		1. The visibility of the parking area from the building;
		2. The lighting, existing physical development, and types of uses adjacent to the parking lot and sales establishment;
		3. The potential for parking conflicts with the parking lots of adjacent uses; and
		4. The potential for customer usage of on street parking in front of residential uses.
		Operational hours shall be considered to assure compatibility with the surrounding uses.
	Sales (or rental) establishment classified as sexually oriented businesses including adult bookstores or adult videos (see section 15-13-13 of this title for applicable conditions).		P	N
Services:
	A business engaged in aircraft repairs provided all the work and storage occurs in a completely enclosed building, e.g., aircraft maintenance, aircraft repair, MRO, aircraft completion centers, propeller repair, avionics repair, etc. Retail sale of related aeronautical items is permitted provided not more than 10 percent of the floor area is utilized for such sales.		P	P
	A business engaged in aircraft restoration provided all the work and storage occurs in a completely enclosed building.		C	C
	A business located in an enclosed building engaged in providing services directly to individuals, businesses or agencies such as personal, professional, financial and business services, e.g., appraisal and marketing, insurance, corporate office, barbershop, laundry, architects, banking, real estate, hotels, engineering, electrical systems design, emergency training, etc.		P	N
	A business located in an enclosed building engaged in providing data processing, telemarketing, product uses, support services, or other business support services. Such businesses do not have contact with the general public except by means of mail or telecommunications.		P	C
	A business located in an enclosed building engaged in providing aeronautically related services to individuals, businesses or agencies such as air charter, air ambulance, air cargo, aircraft cleaning/detailing, aircraft management, flight lessons, simulator training, air consulting services, aerial photography, hangar rental, helicopter services, crop dusting services, airplane storage, flight planning, etc.		P	P
	A business located in an enclosed building engaged in providing airport terminal services, e.g., ticketing office, automobile rental, cafe or cafeteria, etc.		P	N
	A medical clinic located in an enclosed building engaged in providing medical services, e.g., corporate flight department medical service, executive medical services, workplace injuries, or other work related conditions, etc.		P	C
	Flying clubs or other fractional aircraft ownership services.		P	P
Sexually oriented business (see section 15-13-13 of this title for applicable conditions):
	Adult live entertainment businesses or adult movie theaters.		N	N
	Outcall services or adult entertainment dance agencies.		P	N
Transportation, utilities, communication:
	Businesses or land uses which are primarily engaged in uses or public transportation, e.g., parking lots, bus stations, etc.		P	P
	Utility or communication business engaged in the delivery of services aboveground, e.g., substations, relay towers, commercial transmitting towers, etc.		C	C

 

(Ord. 2013-50, 12-3-2013; amd. Ord. 2020-24, 6-23-2020)

15-24-5: SITE DEVELOPMENT STANDARDS:

The following dimensional requirements shall apply in each airport zone to building and parking setbacks, measured from the property line:

	A-C Zone	A-I Zone
Minimum lot area	3,000 square feet	4,000 square feet
Minimum lot dimensions	40 foot width	50 foot width
Maximum impervious coverage	80 percent	90 percent
Maximum building height	See section 15-24-10    of this chapter	See section 15-24-10    of this chapter
Front yard setback	20 feet	10 feet
Side yard setback (facing a street)	20 feet	10 feet
Side yard setback	10 feet	10 feet
Rear yard setback	20 feet	10 feet

 

   A.   Distance Between Buildings: Hangars may be constructed without a minimum distance between buildings to the side or rear in accordance with the international building code. Hangar locations must allow a taxi lane area to the front of at least eighty feet (80') between buildings.

   B.   Landscaping Requirements: No landscaping other than grass or turf is required on airside area of structures, e.g., aircraft hangar, taxi, or tie down areas.

(Ord. 2002-24, 6-4-2002)

15-24-6: LANDSCAPING SETBACKS AND COVERAGES:

Notwithstanding the required landscaping for those setbacks that are along street frontages (see table at section 15-24-5 of this chapter), there may be additional landscaping required based on other provisions of this title. Additional requirements include, but are not limited to, installation of landscaping in public rights of way 1 , preserving existing vegetation 2 , screening of service and storage areas 3 , parking lot landscaping 4 and special requirements 5 for specific requirements for listed types of development or development in specific zones. See section 15-24-10 of this chapter for landscaping height limitations.

(Ord. 2002-24, 6-4-2002)

 

Notes

1	1. See subsection 15-4-5E3a of this title.
2	2. See subsections 15-4-5E7a and E7b of this title.
3	3. See subsection 15-4-5G of this title.
4	4. See subsections 15-12-9B and C of this title.
5	5. See chapter 23 of this title.

15-24-7: SPECIAL LIMITATIONS:

   A.   Landscaping Limitations:

      1.   No tree or shrub species shall be allowed that produces berries or seeds that would attract wildlife to the airport.

      2.   Trees must be selected to grow within the height limitations of section 15-24-10 of this chapter.

   B.   Hangar Limitations:

      1.   Hangars are intended to be used for the storage of aircraft. Not more than fifty percent (50%) of hangar floor space may be used for storage or business use.

      2.   Hangars may be used for the general maintenance of aircraft in compliance with restrictions found in title 8 of this code and any applicable fire and building codes.

(Ord. 2002-24, 6-4-2002, eff. 6-16-2002)

15-24-8: ARCHITECTURAL CHARACTER AND OTHER GUIDELINES FOR THE AIRPORT COMMERCIAL (A-C) ZONE:

Structures shall be developed in a way that is in harmony with the setting and consistent with the intended uses. They should reflect a contemporary style and should be unified in terms of materials and colors to achieve a campus like feel.

   A.   Building Facades: Structures shall be designed with equal emphasis placed on all sides, rather than placing all emphasis on the front elevation of the structure. The same types of building materials shall be used on all four (4) sides, though the amount of material used on each side may vary. Structures shall be designed and arranged with variations in wall surfaces by using such things as varying textures, materials and planes to avoid a blank wall appearance.

   B.   Materials: Buildings shall be constructed with materials of durability and quality. Walls shall be constructed of rough textured stucco, concrete, concrete masonry units, bricks, stone or other material with similar appearance. All concrete shall have texturing over a minimum of two-thirds (2/3) of the exposed surface. In no case are metal premanufactured buildings permitted nor shall metal sided structures be built. Roof materials shall have dull finishes. In the areas where the new buildings are mixed with existing structures, compatibility of materials is required as long as the materials meet the material types listed in this subsection.

   C.   Colors: Building colors shall be predominantly warm, muted earth tones. Brighter colors may only be used for accents or detailing (maximum 10 percent of surface area, excluding signage) if desired.

   D.   Screening Of Mechanical Equipment: All rooftop mechanical equipment shall be concealed from public view to the maximum extent possible by screening it with integral portions of the architecture. "Concealed from public view" is determined by what a person would see when standing on the public sidewalk in front of the building. All conduits, vents and other appurtenances shall be painted to match the color of the surrounding building surfaces.

   E.   Walkways: Parking lot walkways within the site shall be located and aligned to directly and continuously connect areas or points of pedestrian origin and destination, and shall not be located solely based on the outline of a parking lot configuration that does not provide such direct pedestrian access.

   F.   Fencing: No fencing shall be allowed to extend beyond the front line of the main building. For properties that are a corner lot, fencing shall not extend beyond the side of the building facing the street.

(Ord. 2002-24, 6-4-2002, eff. 6-16-2002)

15-24-9: ARCHITECTURAL CHARACTER AND OTHER GUIDELINES FOR THE AIRPORT INDUSTRIAL (A-I) ZONE:

Structures shall be developed in a way that is in harmony with the setting and consistent with the intended uses.

   A.   Building Materials: Structures shall have an exterior finish of either concrete masonry units, brick, tilt up concrete, precast concrete, stucco or stucco appearing material or colored enamel metal panels. Roof materials shall have dull finishes.

   B.   Colors: Building colors shall be predominantly warm, muted earth tones. Brighter colors may only be used for accents or detailing (maximum 10 percent of surface area, excluding signage) if desired.

   C.   Screening Of Mechanical Equipment: All rooftop mechanical equipment shall be concealed from public view to the maximum extent possible by screening it with integral portions of the architecture. "Concealed from public view" is determined by what a person would see when standing on the public sidewalk in front of the building. All conduits, vents and other appurtenances shall be painted to match the color of the surrounding building surfaces.

(Ord. 2002-24, 6-4-2002, eff. 6-16-2002)

15-24-10: AIRPORT OVERLAY ZONE AND AIRPORT AREA SPECIAL REGULATIONS:

   A.   Purpose And Intent: It is hereby found that an airport hazard endangers the lives and property of users of the Ogden-Hinckley airport and of occupants of land or to property in its vicinity, and also that if in effect such hazard substantially reduces the size of the area available for the landing, taking off and maneuvering of aircraft, it tends to destroy or impair the utility of the Ogden-Hinckley airport and the public investment therein and causes adverse effects on the safety of residents and the economic development of the region.

   B.   Height Limiting Zones: In order to carry out the provisions of this title, there are hereby created and established certain height limiting zones, which include all the incorporated land lying within the nonprecision and precision instrument approach zones, noninstrument approach zones, transitional surface zones, horizontal surface zones, and conical surface zones. Such zones are shown on the airport zoning map, on the Ogden-Hinckley airport layout plan (ALP), which is available in the airport manager's office, and as an airport overlay zone on the Ogden City zoning map.

   C.   Objects That Affect Navigable Airspace: Federal aviation regulation part 77 "objects affecting navigable airspace" prescribes airspace standards which should be free from penetrations which represent obstructions to air navigation. These standards and their relationship to the physical features and terrain on and around Ogden-Hinckley airport must be considered prior to construction or alteration of any building or tower located within the airport's navigable airspace. Plan sheets that present the part 77 standards, existing obstructions, and limiting heights and elevations for future development adjacent to the airport and within the airport environs are part of the Ogden-Hinckley airport layout plan and are available in the airport manager's office. Plans include the following:

      1.   Part 77 airspace plan.

      2.   Runway 3-21, approach plan and profile.

      3.   Runway 3-21, protection zone detail.

      4.   Runway 16-34, approach plan and profile.

      5.   Runway 16-34, protection zone detail.

      6.   Runway 7-25, approach plan and profile.

      7.   Runway 7-25, protection zone detail.

   D.   Federal Aviation Part 77 Surfaces: Airport imaginary surfaces (FAR part 77) are established relative to the airport and each runway. The size of each imaginary surface is based on the category of each runway with respect to the existing and proposed approaches for that runway. The slope and dimensions of each approach surface are determined by the most precise approach existing or proposed for that runway end. The part 77 imaginary surface definitions include:

      1.   Primary Surface: A rectangular area, symmetrically located about the runway centerline and extending a distance of two hundred feet (200') beyond each runway threshold. Its elevation is the same as that of the runway.

      2.   Horizontal Surface: An oval shaped, level area situated one hundred fifty feet (150') above the airport elevation. Its dimensions are governed by the runway service category.

      3.   Conical Surface: A sloping area whose inner perimeter conforms to the shape of the horizontal surface. It extends outward for a distance of four thousand feet (4,000') measured horizontally, while sloping upward at a twenty to one (20:1) (horizontal:vertical) ratio.

      4.   Transitional Surface: A sloping area which begins at the edge of the primary surface and slopes upward and outward at a ratio of seven to one (7:1) (horizontal:vertical) until it intersects the horizontal surface.

      5.   Approach Surfaces: These surfaces begin at the ends of the primary surface (200 feet beyond the runway threshold) and slope upward and outward at a predetermined ratio while flaring outward horizontally. The width and elevation of the inner ends conform to that of the primary surface; while slope, length and width of the outer ends are governed by the runway service category and existing or proposed instrument approach procedure. The Ogden- Hinckley airport approach surfaces are as follows:

 

Runway	Surface
3	50:1
21	20:1
16	20:1
34	20:1
7	20:1
25	20:1

 

   E.   Height Restrictions: Construction of buildings and other structures within the airport vicinity must not conflict with airport operations. Therefore, all proposed construction and development must be reviewed in accordance with FAR part 77 regulations to ascertain obstructions and/or potential penetrations.

By this zoning ordinance, the city hereby notifies proposed builders/developers of the FAA notification requirement for construction (FAA form 7460-1) or alteration of manmade structures. This FAA notification requirement applies to any construction or alteration of: 1) a structure (permanent or temporary) more than two hundred feet (200') in height above the ground level at its site, and/or 2) a structure of greater height than an imaginary surface extending outward and upward at one hundred to one (100:1) slope for a horizontal distance of twenty thousand feet (20,000') from the nearest point of the nearest runway. Forms and additional information are available at the Ogden-Hinckley airport manager's office.

   F.   Airspace Plan: The Ogden-Hinckley airport airspace plan depicts the FAR part 77 surfaces on a series of quadrangle maps for the area around the airport. These surfaces illustrate the instrument approach surfaces to runways 3 and 7 and visual approach surfaces to runways 16, 21, 25 and 34.

   G.   Approach Zones And Runway Protection Zones: The runway approach zone, defined previous, contains the runway protection zone (RPZ). The RPZ is merely the inner portion of the approach zone. It begins at ground level, two hundred feet (200') beyond the end of the area usable for takeoff or landing. It is trapezoidal in shape and centered about the extended runway centerline. Like the approach zone, the RPZ dimensions are a function of the design aircraft, type of operation and visibility minimums. The approach zone and RPZ geometric are smaller for visual approaches than for nonvisual approaches, which are smaller than precision approaches. The approach zone and RPZ slopes (horizontal:vertical) vary dependent upon the availability and precision of air navigation facilities provided.

At Ogden-Hinckley airport, runway 3 has an existing precision instrument fifty to one (50:1) approach requirement. Runway 7 has an existing nonprecision twenty to one (20:1) instrument approach. Runways 16, 21, 25 and 34 have visual twenty to one (20:1) approaches. The ALP and property records show the ownership of the RPZs. The airport has achieved and should continue to try to maintain obstruction free approach zones and RPZs.

The following height limiting zones are hereby established:

      1.   Runways 21, 16, 34, 7 And 25 Approach Zones: A nonprecision approach surface zone is established at the end of each of these runways for nonprecision landings and takeoffs. The approach zone shall have an inner width (W1) at a distance of two hundred feet (200') beyond the end of the runway, widening thereafter uniformly to an outer width (W2) at a distance of five thousand two hundred feet (5,200') beyond the end of the runway, its centerline being the continuation of the centerline of the runway. The approach zone shall rise one foot (1') in height for each twenty feet (20') in horizontal distance beginning at a point two hundred feet (200') from and at the centerline elevation of the runway and extending to a distance of five thousand two hundred feet (5,200) from the end of the runway.

 

Runway	W1	W2
21	1,000 feet	1,500 feet
16	500 feet	1,000 feet
34	500 feet	1,500 feet
7	500 feet	2,000 feet
25	500 feet	2,000 feet

 

      2.   Runway 3 Precision Approach Surface Zone: A precision instrument approach surface zone is established at the end of runway 3. The approach zone shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond the end of the runway; widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') from the end of the runway. The approach zone shall rise one foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the centerline elevation of the precision instrument runway and for a distance of ten thousand feet (10,000'); thence, shall rise one foot (1') in height for each forty feet (40') in horizontal distance for the remaining forty thousand feet (40,000') of the approach.

      3.   Transitional Surface Zones: Transitional surface zones are hereby established adjacent to each nonprecision and precision instrument runway and approach zones as indicated on the zoning map and ALP. Transitional zones are symmetrically located on either side of the primary surface and have variable widths as shown on the zoning map and ALP. Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) (horizontal:vertical) from the sides of the primary surface and from the sides of the approach surfaces. The primary line is five hundred feet (500') on either side of the runway extending for a distance two hundred feet (200') beyond each end of the runway.

      4.   Horizontal Surface Zone: A horizontal surface zone is hereby established as the oval area within arcs and connecting tangent lines of ten thousand feet (10,000') radius from points two hundred feet (200') beyond the runway end. The horizontal surface of a place one hundred fifty feet (150') above the established airport elevation which is four thousand four hundred seventy one feet (4,471') above mean sea level.

      5.   Conical Surface Zone: A conical surface zone is hereby established as the area that commences at the periphery of the horizontal surface and extends outward and upward at a slope of twenty to one (20:1) (horizontal:vertical) for a distance of four thousand feet (4,000'). The conical surface extends to a height of three hundred fifty feet (350') above the established airport elevation.

   H.   Height Limitations: Except as otherwise provided in this title, no structure or tree shall be erected, altered, allowed to grow, or maintained in any height limiting zone created by this title to a height penetrating the limits herein established for each of the zones.

      1.   Excepted Height Limitations: Nothing in this title shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height consistent with the terms of this chapter.

      2.   Most Restrictive Limitation Prevails: Where a zone is covered by more than one height limitation the more restrictive limitation shall prevail.

   I.   Use Regulations:

      1.   Height Limiting Zones: Notwithstanding any other provisions of this title, no use shall be made of land within any height limiting zone established by this title in such a manner as to do any of the following:

         a.   Create electrical interference with radio communication between the airport and aircraft;

         b.   Make it difficult for pilots to distinguish between airport lights and other lights;

         c.   Result in glare in the eyes of pilots using the airport;

         d.   Impair visibility in the vicinity of the airport; or

         e.   Otherwise endanger the landing, taking off, or maneuvering of aircraft.

      2.   Places Of Public Assembly: Notwithstanding any other provisions of this title, no places of public assembly, including, but without limitation, apartments, barracks, churches, hospitals, hotels, mobile home parks, multiple-family dwellings, recreational vehicle parks, schools and theaters, shall be erected or otherwise located within any of the areas established as an approach zone in subsection D of this section. Places of public assembly are discouraged in the extended approach zones due to noise associated with aircraft takeoff and landing operations.

      3.   Runway Protection Zones (RPZ): The RPZ is trapezoidal in shape and centered about the extended runway centerline. Some uses are permitted within the RPZ provided they do not attract wildlife and do not interfere with navigational aids. Land uses prohibited from the RPZ are: residences and places of public assembly (churches, schools, hospitals, office buildings, shopping centers, and other uses with similar concentrations of persons typifying places of public assembly). The dimensions of the RPZs are as follows as shown on the ALP:

 

Runway	Inner Width At 200 Feet	Length	Outer End Width
3	1,000 feet	1,700 feet	1,510 feet
21	500 feet	1,700 feet	1,010 feet
16	500 feet	1,000 feet	700 feet
34	500 feet	1,000 feet	700 feet
7	250 feet	1,000 feet	450 feet
25	250 feet	1,000 feet	450 feet

 

   J.   Nonconforming Uses:

      1.   Regulations Not Retroactive: The regulations prescribed by the ordinance codified as this chapter shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuation of any nonconforming use. Nothing herein contained 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 hereof and is diligently prosecuted.

      2.   Marking And Lighting: Notwithstanding the provisions of subsection A of this section, the owner of any 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 manager to indicate to the operators of 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 property owner involved.

   K.   Permits:

      1.   Future Uses: Except as specifically provided in subsections K1a through K1c of this section, no material change shall be made in the use of the land and no structures or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit thereof shall have been applied for and granted by the mayor. 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.

         a.   In the territory lying within the limits of the horizontal surface zone and the conical surface zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when because of terrain, land contour or topography features such tree or structure would extend within twenty five feet (25') of the height limits prescribed for such zone.

         b.   In the territories lying within the limits of the nonprecision and precision approach zones, no permit shall be required for any tree or structure more than twenty five feet (25') of vertical height below the approach surface.

         c.   In the territories within the limits of the transitional surface zone beyond the perimeter of the horizontal surface zone, no permit shall be required for any tree or structure more than twenty five feet (25') of vertical height below the limit prescribed for such transition area.

         d.   Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this title.

      2.   Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date hereof, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such permit shall be granted.

      3.   Nonconforming Uses Abandoned Or Destroyed: Whenever the building official determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated, or decayed, any existing permit shall be rescinded and the nonconforming structure or tree shall be removed by the owner.

      4.   Variances: Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his property not in accordance with the regulations prescribed in this title, may apply to the board of zoning adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this title.

      5.   Hazard Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this title and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at his own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of any airport hazard.

   L.   Conflicting Regulations: Where there exists a conflict between any of the regulations or limitations prescribed in this title or any other regulations applicable to the same zone, whether the conflict be with respect to the height of structures or trees, the use of the land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

   M.   Buffer near airport fence. No structures, storage, shrubs, trees, or landscaping, other than groundcovers, shall be placed within 10 feet of the outside fence delineating the exterior boundary of the airport.

(Ord. 2002-24, 6-4-2002, eff. 6-16-2002; amd. Ord. 2024-13, 4-23-2024)