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