§ 156.042 AIRPORT ZONING DISTRICT (APZ).
   (A)   General description. The purpose of the Airport Zoning District (APZ) is to provide for and promote the aviation and economic development potential of Black Hills Airport/Clyde Ice Field. This District shall apply to all existing and future properties included in the ownership boundaries of the airport. To achieve its purpose, the District shall, in concert with the airport master plan:
      (1)   Reserve appropriately located areas for business, industry and aviation and to provide and ensure the continuity of locations for uses that can operate on sites with maximum mutual beneficial impact;
      (2)   Establish and maintain high standards of site planning, architecture and landscape design that will create a safe and attractive environment for business and industry, while maximizing the protection of the aviation mission of the airport;
      (3)   Protect areas appropriate for business, industry and aviation from intrusion by inharmonious uses; and
      (4)   Provide opportunities for certain types of industrial, business, residential and aviation uses to concentrate in mutually beneficial relationships to each other without compromising the primary mission of aviation.
   (B)   Use, generally.
      (1)   Primary uses permitted. Property and structures in the APZ Airport Zoning District shall be used for the following purposes:
         (a)   All aviation and related uses;
         (b)   Light industries and businesses that operate solely within the confines of an enclosed structure and whose activities do not cater to the general public;
         (c)   Residential use shall be limited to those areas designated as “Residential Air Park” (RAP), by the airport master plan, as from time-to-time may be amended;
         (d)   Small scale solar energy conversion facility as an accessory to a primary use; and
         (e)   Telecommunications facilities.
      (2)   Uses eligible for a conditional use permit. Conditional use permits may be granted to properties for the following land uses:
         (a)   Small wind energy systems (SWES);
         (b)   Telecommunications facilities; and
         (c)   Large scale solar energy conversion facility.
   (C)   Use restrictions.
      (1)   There shall be no activity which may be or may become an annoyance, nuisance, hindrance or threat to aviation activity. No activity shall be permitted until clearance/approval has been received by all applicable local, state and federal agencies having jurisdiction over airport property.
      (2)   Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
   (D)   Building permits required. No material change shall be made in the use of land, no structure shall be erected or otherwise established, and no landscaping shall be planted in the District hereby created unless a permit has been applied for and granted by the city. Each application for a permit shall be accompanied by a site and construction plan approved by the airport board. No permit for a use inconsistent with the provisions of this chapter shall be granted.
   (E)   Area regulations.
      (1)   Residential, business and light industrial uses.
         (a)   Minimum platted lot size: 20,000 square feet;
         (b)   Minimum platted lot width: 100 feet at the front property line; and
         (c)   Setback requirements:
            1.   Front: 35 feet;
            2.   Side: 12 feet; and
            3.   Rear: ten feet, except where abutting residential uses: 50 feet.
      (2)   Hanger facilities.
         (a)   No minimum platted or leased lot size; and
         (b)   Hangers shall maintain a minimum 12-foot setback from all structures.
      (3)   Height regulations. Not to exceed controlling structure elevations specified by the airport airspace plan.
      (4)   Special requirements. The following special requirements shall apply to each permitted use:
         (a)   Lighting.
            1.   A pulsating, flashing, rotating, oscillating or other type of lighting intended as an attention-getting device shall be expressly prohibited.
            2.   Flood lights, spot lights or other lighting device shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground.
            3.   Any light which constitutes a “misleading light” within the meaning of regulations adopted by the Federal Aviation Administration, is expressly prohibited.
         (b)   Radio and electronic.
            1.   Any FCC-regulated radio or electronic device shall be permitted only in conjunction with a valid license or authorization issued by the Federal Communications Commission.
            2.   Any radio or electronic device, the operation of which would violate any rules or regulations of the Federal Communications Commission is expressly prohibited.
            3.   Any operation or use that emits smoke, dust or any visible fumes or vapors into the atmosphere, excluding normal residential and HVAC emissions, shall be expressly prohibited.
            4.   No fence shall be permitted which impedes aviation sight distances, poses a security risk to aviation activities, exacerbates snow drifting in any approach or transitional sub-zone, or in any manner poses an adverse effect on the safe and efficient utilization of navigable areas of the airport.
      (5)   Paved vehicle parking.
         (a)   Terminal: one space per 15 square feet of assembly area plus one space per employee.
         (b)   Hangars: one space per aircraft.
         (c)   Repair and maintenance facilities: one space per employee.
         (d)   Parking: for uses listed in divisions (E)(5)(a) through (E)(5)(c) above, parking may be provided in a central location.
         (e)   Residential air park, light industry and business uses: as regulated by §§ 156.062 and 156.064.
(Prior Code, App. A, Art. IV, § 11) (Ord. 969, passed 8-18-2003; Ord. 1122, passed 8-16-2010; Ord. 1303, passed 12-2-2019; Ord. 1354, passed 10-18-2021)