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HomeMy Public PortalAboutOrd. 334 - Building RestrictionsORDINANCE NO. 334 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCT -=S AND OBJECTS OF NATUGROWTH, r OTHERWISE REGULATING USE OF PROPERTY IN THE VICINITY OF THE McCALL ICIPAL AIRPORT BY CREATING AIRPORT APPROACH ZONES, T SITION ZONES, HORIZONTAL ZONE AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE MCC' MUNICIPAL AIRPORT ZONING ''' WHICH IS INCORPORATED IN AND tE PART OF THIS ORDINANCE: PROVIDING FOR ENFORCEMENT; METHOD OF APPEALS: IMPOSING PENALTIES AND PROVIDING AN EFFECTIVE DATE. A This Ordinance is adopted pursuant to the authority conferred by Section 50-1201 through 50-1210, Idaho Code. It is hereby found that an airport hazard endangers the lives and property of users of McCall Municipal Airport and of occupants of land or to prop- erty in its vicinity, and also, if of the obst ction type, in effect reduces the size of the area available for the landing, taking off and maneurvering of aircraft, this tending to destroy or impair the utility of McCall Municipal Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an airport hazard is a public nuis- ance and an injury to the region served by the McCall Municipal 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. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimi- nation, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which politi- cal subdivisions may raise and expend public funds and acquire land or interests of land. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, as follows: SECTION I. SHORT TITLE. This ordinance shall be known and may be cited as "McCall Municipal Airport Zoning Ordinance." SECTION II. DEFINITIONS. As used in this Ordinance, unless the context otherwise requires: 1. ADMINISTRATOR- Means the official designated by the Mayor and Council of the City of McCall to administer this Ordinance. 2. AIRPORT- Means the McCall Municipal Airport. 3. AIRPORT ELEVATION- Means the established elevation of the highest point on the usable landing area. 4. AIRPORT HAZ " '- Means any structure, tree or use of land which obstructs the airspace required for, or is other- wise hazardous to, the flight of aircraft in landing or taking off at the airport. 5. AIRPORT REFERENCE POINT- Means the point established as the approximate geographic center of the airport landing 9. NONCONFORMING USE- Means any pre-existing st cture, tree or natural growth or use of land which is incon- sistent with the provisions of this Ordinance or an amendment thereto. 10. VISUAL R ,TAY- Means a nway intended solely for the operation of aircraft using visual approach procedures, with no existing instrument procedure and no inst went designation indicated on a Federal Aviation . inistration or military service -approved airport layout plan, or by any other FAA or military pla ing document. 11. UTILITY R AY- Means a runway thatis const cted for and intended to be used by aircraft of 12,500 pounds m. 'm gross weight and less, excluding turbo -jet powered air- craft. 12. R iAY- Means the paved surface of an airport landing strip. 13. STRUCTURE- Means an object constructed or installed by man, including, buth without limitation to, buildings, towers, smokestacks, and overhead transmission lines. 14. TREE- Means any object of natural growth. SECTION III. ZONES. In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying within the noninst ment approach zone, transition zone, horizontal zone and conical zone. Such areas and zones are shown on the McCall Municipal Airport Zon- ing Map consisting of an airport vicinity map with topographic con- tours, one sheet, prepared by Philip Marshall, Civil Engineer, and dated February 14, 1974 , which is attached to this Ordi- nance and made a part hereof. The various zones are hereby established and defined as follows: 1. VISUAL APPROACH ZONE- A visual 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 width of 1250 feet at a distance of 5000 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway, and has a slope of 20 to 1. 2. T SITIONAL ZONE- These zones extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary zone and from the sides of the approach zones. 3. HORIZONTAL ZONE- A horizontal plane 150 feet above the es- tablished airport elevation, the perimeter of which is con- structed by swinging arcs of specified radii from the center of each end of the primary zone of each runway of each air- port and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5000 feet for all runways designated as utility or visual. The radius of the arc specified for each end of the runway will have the same arithmetical value. 4. CONICAL ZONE- A zone extending outward and upward from the periphery of the horizontal zone at a slope of 20 to 1 for a horizontal distance of 4,000 feet. 5. PRIMARY ZONE- A zone longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary zone extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary zone ends at each end of the runway. The ele- end of the primary zone. An approach zone is applied to each end of each runway based upon the type of approach available or planned for that runway end. (a) The inner edge of the approach zone is the same width as the primary zone and it expands uniformly to a width of 1,250 feet for that end of a, utility runway with only visual approaches. (b) The approach zone for utility nways with a visual approach extends for a horizontal distance of 5,000 feet at a slope of 20 to 1. (c) The outer width of an approach zone to an end of a runway will be that sidth prescribed in this subsection for the most precise approach existing or planned for that runway. SECTION IV: HEIGHT LIMITATIONS. Except as otherwise provided for in the Ordinance, no structure or tree shall be erected, altered, or allowed to grow, or maintained in any surface created by this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows: 1. VISUAL APPROACH ZONE FOR UTILITY R AY- One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point on and at the centerline elevation of the end of the runway and extending to a point 5000 feet from the end of the runway. 2. T SITIONAL ZONE- These zones extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary zone and from the sides of the approach zones. 3. HORIZONTAL ZONE- A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet for all runways designated as utility or visual. 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 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal zone. 4. CONICAL ZONE- A zone extending outward and upward from the periphery of the horizontal zone a slope of 20 to 1 for a horizontal distance of 4,000 feet. 5. EXCEPTED HEIGHT LIMITATIONS- Nothing in this Ordinance shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 30 feet above the surface of the land. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail. SECTION V: USE RESTRICTIONS. Notwithstanding any other pro- visions of this Ordinance, no use may be made of land within any onna PctahliChPr7 by thin Ordinance in such a manner as to create SECTION VI: NONCONFORMING USES. A. Regulations notRetroactive. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alterations of any st cture or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of any non- confo ing use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any st cture the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted. B. Marking and Lighting. Notwithstanding the preceding provi- sion of this Section, the o er of any nonconfo ing st cture 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 Director 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 McCall Municipal Airport. SECTION VII. PERMITS. A. Future Uses. Except as specifically provided in subpara- graphs (1), (a) and (3) hereunder, no material change shall be made in the use of land and no st cture or tree shall be erected, altered, planted or otherwise established in any zone hereby 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 con- form to the regulations herein prescribed. If such determinations is in the affirmative, the permit shall be granted. (1) 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 such tree or structure would extend above the height limits prescribed for such zone. (2) In the areas lying within the limits of the noninstrument approach zones but at a distance of not less than 5000 feet from each end of the runways, no permit shall be re- quired for any tree or structure less than 75 feet of verti- cal height above the ground, except when such tree or struc- ture would extend above the height limitation prescribed for such noninstrument approach zone. (3) 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 except when such tree or structure, because of terrain, land contour or topographic features would ex- tend above the height limit prescribed for such transitional zones. 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 Ordinance except as set forth in Section IV. Ri cti nn Ileac MeN r-armi i- chal 1 ha rtran4-AA that tonal r1 al 1 ntr 0 0 C. Nonconforming Uses Abandoned or Destroyed. Whenever the Administrator determines that a nonconfo ing st cture or tree has been abandoned or more than 80 per cent torn do , physically deter- iorated 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. D. 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 Ordinance must obtain a permit from the Administrator authorizing such action. Such variances shall be allowed where literal appli- cation or enforcement of this Ordinance would result in practical difficulty and unnecessary hardship and the relief granted would not be contrary to the public interest or create hazards to air flight. Any special permits may be allowed subject to such reason- able conditions as the Administrator may deem necessary to effectuate the purposes of this Ordinance, including the condition that the owners of the structure or tree in question pe it the politica] sub- division of this state having an interest in the McCall Municipal Airport to install, operate, and maintain at its own expense such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. SECTION VIII. ENFORCEMENT. It shall be the duty of the Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Administrator upon a form furnished by him. Applications re- quired by this Ordinance to be submitted to the Administrator shall be promptly considered and granted or denied by him. SECTION IX. APPEALS. 1. Any person aggrieved or any tax payer affected by any decision of the Administrator may, within ten (10) days from the date of such decision, appeal to the Council be filing such appeal with the Administrator in writing, setting forth the grounds therefor and such Administrator shall forthwith transmit such appeal together with all pertinent documents, to the Council. The Council shall, within thirty (30) days after receipt of such appeal and after ten (10) days notice to all parties in interest, hear such appeal and within ten (10) days thereafter shall render a written decision thereon. 2. Appeals from the decision of the Council may be taken in the same manner as provided by law for taking of appeals from the Board of County Commissioners to the district court. SECTION X. PENALTIES. Each violation of this Ordinance, or of eny regulation, order, or ruling pronu]gated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than $300 or imprisonment for not more than six (6) months, or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. SECTION XI. CONFLICTING REGULATIONS. Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of struc- tures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern or prevail. SECTION XII. SEVE BILITY. If anv of the provisions of this 114 011'11111 11110,,, is Ordinance are declared to be severable. SECTION XIII. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED this 23rd day of August, 1974.