21A.34.040: AFPP AIRPORT FLIGHT PATH PROTECTION OVERLAY DISTRICT:
   A.   Purpose Statement: It is determined that a hazard to the operation of the airport endangers the lives and property of users of the Salt Lake City International Airport, and the health, safety and welfare of property or occupants of land in its vicinity. If the hazard is an obstruction or incompatible use, such hazard effectively reduces the size of the area available for landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Salt Lake City International Airport and the public investment. Accordingly, it is declared:
      1.   That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Salt Lake City International Airport;
      2.   That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and
      3.   That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
   B.   Title For Citation: This section shall be known and may be cited as SALT LAKE CITY INTERNATIONAL AIRPORT ZONING ORDINANCE.
   C.   Definitions: In this chapter the following terms, phrases, words and their derivations shall have the meanings as defined in this subsection:
   AIR CIRCULATION SYSTEM: Any method of cooling and heating an area with all windows and/or doors closed, or with evaporative coolers and/or similar devices.
   AIRPORT: The Salt Lake City International Airport.
   AIRPORT ELEVATION: The highest point of the airport's usable landing area measured in feet from mean sea level.
   AIRPORT HAZARD: Any structure or object or natural growth located on or in the vicinity of the airport, or any use of land near the airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at the airport, or is otherwise hazardous to such landing or takeoff of aircraft.
   AIRPORT MASTER PLAN: The master plan of the airport showing the layout of existing and proposed airport facilities.
   AIRPORT REFERENCE POINT: The point established as the approximate geographic center of the airport landing area.
   FAA: The federal aviation administration.
   HEIGHT: Is expressed in terms of mean sea level elevation unless otherwise specified.
   INCOMPATIBLE USE: Any structure or use of land which, exposes residents or occupants in the vicinity of airports to unacceptable levels of aircraft noise (as defined in FAA guidelines) constitutes an airport hazard.
   NONCONFORMING USE: Any preexisting structure, tree or use of land which is inconsistent with the provisions of this section or an amendment.
   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 straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document.
   PERSON: An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative of any of the foregoing.
   PRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It shall also mean a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan or any other FAA approved planning document.
   PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of such runway; but when the runway has no special prepared hard surface, or planned hard surface, the primary surface ends at each end of such runway. The width of the primary surface of a runway will be that width described in part 77, section 77.25, of the federal aviation regulations (FAR), which is incorporated by reference and made a part hereof, 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.
   RUNWAY: A defined area on the airport prepared for landing and takeoff of aircraft along its length.
   SOUND ATTENUATION: Special construction methods or materials supplementing general building code requirements that are designed or have the effect of insulating interior spaces from exterior noise or sound to lower decibel levels. Sound attenuation requirements of subsection V of this section, or successor subsection, must be demonstrated and satisfied on building plans, pursuant to the requirements of title 18, chapter 18.88 of this code before they can be approved by the building official.
   STRUCTURE: An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formations and overhead transmission lines.
   TREE: Any stationary object of natural growth.
   UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds' maximum gross weight or less.
   VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure, and no instrument designation indicated on an FAA approved airport layout plan or on any planning document submitted to the FAA by competent city authority.
   D.   Airport Master Plan And Airport Zoning Map: Airport types and airport height provisions for the airport shall be determined by and based on the most recent airport layout plan and airport zoning map, approved by the proper city airport officials and by the FAA. Any such maps so approved at the time and passage hereof shall be deemed to be as much a part of this section by this reference as if fully prescribed and detailed herein.
   E.   Airport Influence Zones Established; Map: In order to carry out the provisions of this section, there are created and established certain airport influence zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, conical zones and airport height restriction zones. Such zones are shown on the airport zoning map on file in the office of the city planning commission, as the same appears as of the effective date hereof, and as hereinafter amended from time to time and hereinafter updated to reflect the updating changes made thereon by ordinances adopted by the city council. Such map and all references, notations and other information shown thereon are made a part of this chapter and incorporated by reference to the same extent as if said map and the information thereon were fully described and set forth herein.
   F.   Height Limitations In Airport Zones: Except as otherwise provided in this section, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Additionally, structures within the M-1 light manufacturing zoning district must conform to the height regulations outlined in section 21A.28.020 of this title regarding maximum heights and site specific airport and FAA approvals.
   G.   Runway Larger Than Utility, Visual Approach Zone; Established: Visual approach zones for runways larger than utility are established with the inner edge coinciding with the width of the primary surface and being five hundred feet (500') wide. The approach zone expands outward uniformly to a width of one thousand five hundred feet (1,500') at a horizontal distance of five thousand feet (5,000') from the primary surface, its centerline being the continuation of the centerline of the runway.
   H.   Runway Larger Than Utility, Visual Approach Zone; Height Limitation: The height limitation in a runway larger than utility, visual approach zone slopes upward twenty feet (20') horizontally for each one foot (1') vertically, beginning at the end of and at the same elevation as the primary surface, and extends to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.
   I.   Runway Larger Than Utility, Nonprecision Instrument Approach Zone; Established: Runway larger than utility with a visible minimum as low as three-fourths (3/4) mile nonprecision instrument approach zones is established, with the inner edge of this approach zone coinciding with the width of the primary surface and which is one thousand feet (1,000') wide. The approach zone expands outward uniformly to a width of sixteen thousand feet (16,000') at a horizontal distance of fifty thousand feet (50,000') from the primary surface, its centerline being the continuation of the centerline of the runway.
   J.   Runway Larger Than Utility, Nonprecision Instrument Approach Zone; Height Limitation: The height limitation in a runway larger than utility with a visual minimum as low as three-fourths (3/4) mile nonprecision instrument approach slopes upward fifty feet (50') horizontally for each one foot (1') vertically, beginning at the end of and at the same elevation as the primary surface, and extends to a horizontal distance of ten thousand feet (10,000') along the extended runway centerline; thence, slopes upward forty feet (40') horizontally for each one foot (1') vertically to an additional horizontal distance of forty thousand feet (40,000') along the extended runway centerline.
   K.   Precision Instrument Runway Approach Zone; Established: Precision instrument runway approach zones are established with the inner edge coinciding with the width of the primary surface, and being one thousand feet (1,000') wide. The approach zone expands outward uniformly to a width of sixteen thousand feet (16,000') at a horizontal distance of fifty thousand feet (50,000') from the primary surface, its centerline being the continuation of the centerline of the runway.
   L.   Precision Instrument Runway Approach Zone; Height Limitation: The height limitation in a precision instrument runway approach zone slopes upward fifty feet (50') horizontally for each one foot (1') vertically, beginning at the end of and at the same elevation as the primary surface, and extends to a horizontal distance of ten thousand feet (10,000') along the extended runway centerline; and thence slopes upward forty feet (40') horizontally for each one foot (1') vertically to an additional distance of forty thousand feet (40,000') along the extended runway centerline.
   M.   Transitional Zones; Established: Transitional zones are established as the area beneath the transitional surfaces. Transitional surfaces extend outward and upward at ninety degree (90°) angles to the runway centerline and the runway centerline extended, at a slope of seven feet (7') horizontally for each one foot (1') vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface extend a distance of five thousand feet (5,000'), measured horizontally from the edge of the approach zones and at ninety degree (90°) angles to the extended runway centerline.
   N.   Transitional Zones; Height Limitations: The height limitation in a transitional zone slopes upward and outward seven feet (7') horizontally for each foot vertically, beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet (150') above the airport elevation, and is at an elevation four thousand three hundred seventy six feet (4,376') above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet (7') horizontally for each foot vertically, beginning at the sides of and at the same elevation of the approach zones and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet (7') horizontally for each foot vertically shall be maintained, beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand feet (5,000') measured at ninety degree (90°) angles to the extended runway centerline.
   O.   Horizontal Zones; Established: Horizontal zones are established as that area the perimeter of which is constructed by swinging arcs of specified radii from a point on the centerline and two hundred feet (200') beyond each end of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is five thousand feet (5,000') for all runways designated as utility or visual, and ten thousand feet (10,000') for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand foot (5,000') arc is encompassed by tangents connecting two (2) adjacent ten thousand foot (10,000') arcs, the five thousand foot (5,000') arc shall be disregarded in determining the horizontal zone: The horizontal zone does not include the approach and transitional zones.
   P.   Horizontal Zones; Height Limit: The height limitation in a horizontal zone shall be one hundred fifty feet (150') above the airport elevation, and is at an elevation of four thousand three hundred seventy six feet (4,376') above mean sea level.
   Q.   Conical Zones; Established: Conical zones are established as the area that commences at the periphery of the horizontal zone and extend outward from there a horizontal distance of four thousand feet (4,000'). The conical zone does not include the precision instrument approach zones and the transitional zones.
   R.   Conical Zones; Height Limit: The height limitation of the conical zone slopes upward and outward twenty feet (20') horizontally for each foot vertically, beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation extending to a height of three hundred fifty feet (350') above the airport elevation.
   S.   Areas in More Than One Zone. An area located in more than one zone shall conform to the regulations of the zone with the more restrictive regulation or limitation.
   T.   Height Limitations; Conformance For Structures And Trees: Nothing in this section 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.
   U.   Airport Influence Zones: Airport influence zones, as reflected on figure 3-1 of the airport's land use policy plan, which boundaries shall be reflected in the zoning map, are established as follows:
      1.   Airport influence zone A is that area exposed to very high levels of aircraft noise, and having specific height restrictions.
      2.   Airport influence zone B is that area exposed to high levels of aircraft noise, and having specific height restrictions.
      3.   Airport influence zone C is that area exposed to moderate levels of aircraft noise, and having specific height restrictions.
      4.   Airport influence zone H is that area having specific height restrictions.
   V.   Airport Influence Zones; Incompatible Uses: Except as provided for in this section, no structure or use of land shall be erected, altered or utilized in any airport influence zone so as to create an incompatible use as hereinafter established for such zones. To avoid the enlargement of existing nonconforming uses, defined as incompatible, compliance with these provisions will be required for the entire structure when changes of use occur. When structures, other than single-family or two-family dwellings, are remodeled or altered, only the area involved in the work must comply. The requirements of sound attenuation to various levels set forth below, are found in title 18, chapter 18.88 of this code, but are incorporated herein by reference.
      1.   Airport Influence Zone A: The following uses are incompatible in this zone and are prohibited:
         a.   Residential uses;
         b.   Commercial uses, except those constructed with air circulation systems and at least twenty five (25) dBs of sound attenuation;
         c.   Institutional uses such as schools, hospitals, churches and rest homes;
         d.   Hotels and motels, except those constructed with air circulation systems and at least thirty (30) dBs of sound attenuation in sleeping areas and at least twenty five (25) dBs of sound attenuation elsewhere.
      2.   Airport Influence Zone B: The following uses are incompatible in this zone and are prohibited:
         a.   Residential uses, except residences in agricultural zones with air circulation systems and at least twenty five (25) dBs of sound attenuation;
         b.   Institutional uses such as schools, hospitals, churches and rest homes, except those constructed with air circulation systems and at least twenty five (25) dBs of sound attenuation;
         c.   Hotels and motels except those constructed with air circulation systems, and at least twenty five (25) dBs of sound attenuation, in sleeping areas.
      3.   Airport Influence Zone C: The following uses are incompatible uses in this zone and are prohibited:
         a.   Residential uses, except those constructed with air circulation systems;
         b.   Mobile homes, except those constructed with air circulation systems and at least twenty (20) dBs of sound attenuation;
         c.   Institutional uses such as schools, hospitals, churches and rest homes, except those constructed with air circulation systems.
      4.   Airport Influence Zone H: The uses within zone H shall be the same as the underlying city zone.
   W.   Airport Influence Zones; Avigation Easements:
      1.   Any development on land located within airport influence zones A, B or C requires the acknowledgment of the existing prescriptive avigation easement. Such easement is the memorialization by dedication of an avigation easement by the owners, both legal and equitable, of the property to be developed. A sample of the avigation easement shall be on file with the city recorder.
      2.   For purposes of this action, development requiring the easement is defined as the subdivision of land (defined under title 20 of this code), and/or the new construction of improvements upon vacant land, excepting only:
         a.   New construction which is proposed on improved and subdivided property where plats therefor were approved and filed of record prior to September 13, 1983, the date of conceptual approval following public hearing; and
         b.   Remodeling of or additions to existing structures on improved and subdivided lots, provided no change of use is involved.
      3.   The requirement of an avigation easement is separate and apart from the various sound attenuation requirements that may be imposed on construction in various zones.
   X.   Use Restrictions; Electrical Or Visual Hazards: Notwithstanding any other provision of this section, no use may be made of land or water within any zone established by this chapter in such a manner as to:
      1.   Create any electrical interference with navigational signals for radio communication between the airport and the aircraft;
      2.   Make it difficult for pilots to distinguish airport lights and others;
      3.   Result in glare in the eyes of the pilots using the airport;
      4.   Impair visibility in the vicinity of the airport; or
      5.   Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.
   Y.   Nonconforming Uses; Regulations Not Retroactive: The regulations prescribed in this section shall not be construed to require the removal, lowering, or other changes or alterations in any structure or tree not conforming to the regulations as of April 12, 1995, or otherwise interfere with the continuance of a 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 April 12, 1995, and which is diligently prosecuted.
   Z.   Nonconforming Uses; Marking And Lighting: Notwithstanding the provisions of subsection Y of this section, or its successor, the owner of any existing noncomplying structure or tree is 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 light shall be installed, operated and maintained at the expense of the owner of the property involved.
   AA.   Permits; Future Uses: Except as specifically provided in subsections BB through DD of this section no material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted or otherwise established in any zone created by this chapter, unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined or that the resulting use, structure or tree would conform to the regulations herein prescribed.
   BB.   Permits; Issuance Restrictions: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, noncomplying structure or tree to be made or become higher or become a greater hazard to air navigation than it was on April 12, 1995, or any amendment thereto, or than it is when the application for a permit is made.
   CC.   Abandoned Or Deteriorated Structures Or Trees: Whenever the building inspector determines that a noncomplying structure or tree has been abandoned or more than eighty percent (80%) 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 the zoning regulations.
   DD.   Hazard Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the property owner 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 an airport hazard.
   EE.   Airport Landscape Overlay District: The airport landscape overlay district shall consist of all properties located generally between Interstate 215 and the eastern boundary of the Salt Lake International Center, and between 2700 North and the Western Pacific Railroad corridor south of Interstate 80. This airport landscape overlay district is more particularly depicted on the map attached as exhibit A to ordinance 70-03.
   FF.   Airport Parking Lot Landscaping: All parking lots located within the airport landscaping overlay district shall comply with the following guidelines:
      1.   General Landscaping Performance Standards: Landscaping plans for parking lots shall be developed to reflect a balance between the responsibility of ensuring the safety and security of persons and property with the objective of creating aesthetically pleasing, environmentally sensitive landscapes. Landscaping should address city goals related to reduction of urban heat islands, visual buffering of parking lots, impacts of noise, water conservation, as well as minimization of dust, runoff and sedimentation. Landscaping shall consist of a variety of landscape materials, which may include trees, turf, ground cover, shrubs, perennials, managed water features, and rock features. Drought tolerant or resistant vegetation, which reflects the natural vegetation and geography of the region, should be used to create an aesthetically appealing landscape.
      2.   Reduction Of Urban Heat Islands: The following standards are intended to help mitigate the contribution to the urban heat island effect from large parking areas. Parking lot owners or operators may use a combination of any of the following methods to reduce urban heat:
         a.   The total airport parking supply shall consist of a combination of surface and structured parking lots. Structured parking shall offset the area of surface parking that is otherwise required, thereby reducing the area that contributes to urban heat.
         b.   Landscaping within large land use areas may be evaluated in terms of a comprehensive planned development program to consider the total landscaping within the entire development area. Landscaping may be shifted from the interior of parking lots to other areas within the developed area.
         c.   Landscaping, which includes trees, shrubs, ground cover and perennials, shall be dispersed throughout parking lots to provide shade while ensuring trees are not planted at a spacing or density that will encourage wildlife use or create an aviation hazard.
         d.   Shade for pedestrians shall be provided in parking lots through the use of pedestrian shelters integrated with landscaping.
         e.   Interior landscaped areas shall be provided in parking lots to reduce heat, provide a visual buffer and reduce runoff.
         f.   No specific ratio of trees and shrubs to landscaped area is required.
      3.   Visual Buffering: Landscaped buffers, not less than ten feet (10') in width, shall be provided, where feasible, between parking lots and primary entrance and exit roads. Visual screening shall be provided within landscape buffers to enhance aesthetics and reduce visibility of parked vehicles. Visual screening may consist of a combination of earth berms, shrubs, trees or other methods.
      4.   Water Conservation: To promote water conservation, landscape concepts shall incorporate features that use trees, shrubs, ground cover, and perennials that are drought tolerant or resistant species that can withstand dry conditions once established. The plant list developed by the city, titled "Water Conserving Plants For Salt Lake City", shall be used as the primary reference in determining drought tolerance of plants. All irrigation systems shall be designed for efficient use of potable water. Traditional turf areas should be minimized in favor of alternative landscape practices to reduce the use of water.
      5.   Temporary Parking Lots: Parking lots that are intended to be in use for three (3) years or less are exempt from parking lot landscaping requirements. Such parking lots may exist to phase the construction of other facilities and shall be removed once the facilities are completed. Temporary lots that are within the area of an approved comprehensive plan may remain in use for the duration approved in the plan. However, temporary parking lots shall still comply with applicable development standards for parking lots as outlined in chapter 21A.44 of this title. Parking lots that remain in use by the public beyond three (3) years shall be brought into compliance with these standards within twelve (12) months.
      6.   Operational And Maintenance Lots: Parking lots that are not available to the public for parking and are used to store vehicles, operational materials, or maintenance equipment are exempt from landscaping requirements. The portions of permanent storage lots that are adjacent to public areas shall be landscaped using acceptable landscaping principles contained herein to screen the storage area from public view.
      7.   Plan Approval: All landscape plans shall be coordinated with the city's development review team (DRT) and planning division, for review and comment on compliance with city ordinances and these performance standards. The planning director and director of airports shall jointly approve final landscaping plans for any airport parking lot.
   GG.   Conflicting Regulations: Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulation applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
   HH.   Violation; Penalty: Each violation of this section shall constitute a misdemeanor and be punished as provided in section 1.12.050 of this code, or its successor section.
 
(Ord. 65-14, 2014: Ord. 62-13, 2013: Ord. 61-07 § 2, 2007: Ord. 70-03 §§ 1, 2, 2003: Ord. 26-95 § 2(17-3), 1995)