(A) Purpose and intent. The purpose of the Airport Overlay Zone (AO) is to protect the public health and safety in the area of an airport by minimizing exposure to crash hazards and high noise levels that may be generated by the operations of an airport and to encourage future compatible development for the continued operation of the airport.
(B) Airport zones. The zones in this section include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Payson Municipal Airport. These zones are shown on Payson Zoning Map consisting of two sheets, prepared by the town, dated June 1990. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1) Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone 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 non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone 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) Heliport approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 100 feet wide. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.
(4) Transitional zones are the areas beneath the transitional surfaces.
(5) Heliport transitional zones extend outward from the sides of the primary surface and the heliport approach zones a horizontal distance of 250 feet from the primary surface centerline and the heliport approach zone centerline.
(6) The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(7) The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.
(C) Airport zone height limitations. The height of all construction, structures, buildings and landscaping in the following zones shall be limited by the lesser of the allowable height under § 154-02-003 (Building Heights) and the height limitations set forth below:
(1) Utility runway visual approach zone. 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 non-precision instrument approach zone. 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) Heliport approach zone. 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 the heliport approach zone centerline.
(4) Transitional zones. 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, 5,307 feet above mean sea level. In addition, height limits shall include sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits shall include 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.
(5) Heliport transitional zones. Slope two feet outward for each foot upward beginning at the sides of and at the same elevation as primary surface and heliport approach zones, extending a distance of 250 feet measured horizontally from and at 90 degree angles to the primary surface centerline and heliport approach zones centerline.
(6) Horizontal zone. Established at 150 feet above the airport elevation or at a height of 5,307 feet above mean sea level.
(7) Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(8) Height limitations. Prior to the construction of any structure within 1,200 feet of the nearest point on the airport runway, the developer of such structure shall notify the Federal Aviation Administration, as prescribed in FAA part 77-D. Proof of such notification and Federal Aviation Administration approval of such construction shall be required prior to the town issuing any building, grading, or other development permits.
(D) Use restrictions. No use may be made of land within any zone established by this section 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 pilots using the airport, impair visibility in the vicinity of the airport, increase probability of bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
(E) Nonconforming uses.
(1) The provisions of this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to these regulations as of the effective date of this Code, or otherwise interfere with the continuance of legally existing nonconforming use.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree shall be required to permit the installation, operation, and maintenance of markers and lights as deemed necessary by the airport manager 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 town.
(F) Administration. Lots divided by special use airport zone boundary: Whenever a lot of record is divided by an airport boundary, the development shall conform to the land use and height restrictions contained in this Code.
(G) Permits.
(1) 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 zone designated in this section, unless a special permit has been granted by the town, unless otherwise provided for in this section. Each application for a special permit shall indicate the purpose for the use and how it will comply with this Code.
(a) In the area between the horizontal and conical zones, a special permit shall not be required for the placement of any tree or structure less than 75 feet of vertical height above the ground, except when, such tree or structure would extend above the height limits prescribed for such zones.
(b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, a special permit shall not be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, a special permit shall not be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, would extend above the height limit prescribed for such transition zones.
(2) Existing uses. No special permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Code.
(3) Nonconforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 50% 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 this Code.
(4) Variances. The application for variance in an Airport Overlay District 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, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Code. Additionally, no application for variance to the requirements of this Code may be considered by the Board of Adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Code 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 Adjustment, this condition may be modified to require the owner to permit the town at its own expense, to install, operate, and maintain the necessary markings and lights.
(Ord. 466, passed 2-22-96)