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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Town Municipal Airport.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area.
AIRPORT HAZARD. Any structure, tree or use of land which obstructs the airspace required for or is otherwise hazardous to the flight of aircraft in landing or taking-off at the airport.
AIRPORT REFERENCE POINT. The point established as the approximate geographic center of the airport landing area and so designated.
BOARD OF ADJUSTMENT. The Board consisting of five members appointed by the Town Council, as provided in the general statutes.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this subchapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
INSTRUMENT RUNWAY. A runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.
LANDING AREA. The area of the airport used for the landing, take-off or taxiing of aircraft.
NON-CONFORMING USE. Any structure, tree or use of land which is lawfully in existence at the time the regulation is prescribed in the subchapter or an amendment thereto becomes effective and does not then meet the requirements of the regulation.
NON-INSTRUMENT RUNWAY. A runway other than an instrument runway.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.
RUNWAY. The paved surface of an airport landing strip.
STRUCTURE. An object constructed or installed by humans including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.
(Prior Code, § 150.02) (Ord. passed 3-14-1963)
(A) In order to carry out the provisions of this subchapter, there are created and established certain zones which include all of the land lying within the instrument approach zones, non-instrument approach zones, transition zones, horizontal zones and conical zone. The areas and zones are shown on the Town Municipal Airport Zoning Map, which is incorporated by reference and made a part hereof.
(B) The various zones are established and defined as follows.
(1) Instrument approach zone. An instrument approach zone is established at each end of the instrument runway for instrument landings and take-offs. The instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
(2) Non-instrument approach zone. A non-instrument approach zone is established at each end of all non-instrument runways on the Town Municipal Airport for non-instrument landings and take-offs. The non-instrument approach zone shall have a width of 250 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
(3) Transition zones. Transition zones are established adjacent to each instrument and non-instrument runway and approach zone, as indicated on the Zoning Map. Transition zones symmetrically located on either side of runways have variable widths, as shown on the Zoning Map. Transition zones extend outward from a line 125 feet on either side of the centerline of the non-instrument runway for the length of the runway plus 200 feet on each end and 500 feet on either side of the centerline of the instrument runway for the length of the runway, plus 200 feet on each end and are parallel and level with the runway centerlines. The transition zones along the runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and non-instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the Zoning Map. The transition zones flare symmetrically with either side of the runway approach zones from the base of the zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of 5,000 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway.
(4) Horizontal zone. A horizontal zone is established as the area within a circle with its center at the airport reference point and having a radius of 5,000 feet. The horizontal zone does not include the instrument and non-instrument approach zones and the transition zones.
(5) Conical zone. A conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 3,000 feet. The conical zone does not include the instrument approach zones and transition zones.
(Prior Code, § 150.03) (Ord. passed 3-14-1963)
(A) Except as otherwise provided in this subchapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this subchapter to a height in excess of the height limit established for the zone. The height limitations are computed from the established airport elevation and are established for each of the zones in question as follows:
(1) Instrument approach zone. One foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway; thence one foot in height for each 40 feet;
(2) Non-instrument approach zones. One foot in height for each 40 feet in horizontal distance beginning at a point 200 feet from the end of the non-instrument runway and extending to a point 10,200 feet from the end of the runway;
(3) Transition zones. One foot in height for each seven feet in horizontal distance beginning at any point 125 feet normal to and at the elevation of the centerline of non-instrument runways extending 200 feet beyond each end thereof, and 500 feet normal to and at the elevation of the centerline of the instrument runway, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 37.50 feet above mean sea level. In addition to the foregoing, there are established height limits of one-foot vertical height for each seven-feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended;
(4) Horizontal zone. One hundred fifty feet above the airport elevation or a height of 187.50 feet above mean sea level; and
(5) Conical zone. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 337.3 feet above the airport elevation.
(B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(C) Nothing in this subchapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 45 feet above the surface of the land.
(Prior Code, § 150.04) (Ord. passed 3-14-1963)
(A) Use restrictions. Notwithstanding any other provisions of this subchapter, no use may be made of land within any zone established by this subchapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off and maneuvering of aircraft.
(Prior Code, § 150.05)
(B) Non-conforming uses.
(1) Regulations not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this subchapter or otherwise interfere with the continuance of any non-conforming use. Nothing herein contained shall require and change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this subchapter and is diligently prosecuted.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any non-conforming structure or tree is required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the airport engineers to indicate to the operators of aircraft in the vicinity of the airport, the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the town.
(Prior Code, § 150.06)
(Ord. passed 3-14-1963) Penalty, see § 153.99
(A) Future uses.
(1) Except as specifically provided in divisions (A)(1)(a) through (A)(1)(c) hereunder, 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 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, whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
(a) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour or topographic features the tree or structure would extend above the height limits prescribed for the zone.
(b) In areas lying within the limits of the instrument and non-instrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure would extend above the height limit prescribed for the instrument or non-instrument approach zone.
(c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the transition zones.
(2) 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 subchapter, except as set forth in § 153.04 of this chapter.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming 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 of this subchapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(C) Non-conforming uses abandoned or destroyed. Wherever the Town Council determines that a non-conforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(D) Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his or her property not in accordance with the regulations prescribed in this subchapter may apply to the Board of Adjustment for a variance from the regulations. The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations 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 subchapter.
(E) Hazard marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the town at its own expense to install, operate and maintain thereon the markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(Prior Code, § 150.07) (Ord. passed 3-14-1963)
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