9/22/2015 - Ordinance No. 15-10799 Airport Zoning Revisions
ORDINANCE NO. 15-10799
AN ORDINANCE AMENDING SECTIONS 42-815 THROUGH 42-825, CHAPTER 42, ARTICLE XV OF THE SALINA CODE PERTAINING TO THE AIRPORT ZONING DISTRICT AND REPEALING THE EXISTING SECTIONS 42-815 THROUGH 42-825.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. Sections 42-815 through 42-825 (Chapter 42, Article XV in its entirety) of the Salina Code are hereby amended, as follows:
ARTICLE XV. AIRPORT ZONING DISTRICT
Sec. 42-815. Short title.
This article shall be known and may be cited as "Salina Regional Airport Zoning Ordinance."
Sec. 42-816. Definitions.
(1) Airport means Salina Regional Airport.
(2) Airport elevation means the established elevation of the highest point on the usable landing area.
(3) Airport hazard means 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.
(4) Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.
(5) Authority means Salina Airport Authority.
(6) Board of adjustment means the board of directors of the Salina Airport Authority.
(7) FAA means Federal Aviation Administration.
(8) Height, for the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
(9) Instrument runway means a runway with an established or planned instrument procedure.
(10) Landing area means the area of the airport used for the landing, taking off or taxing of aircraft.
(11) Nonconforming use means any preexisting structure, tree, natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto.
(12) Noninstrument runway means a runway other than an instrument runway or a strictly visual runway.
(13) Person means 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.
(14) Runway means the paved surface of an airport landing area.
(15) Structure means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
(16) Tree means any object of natural growth.
(17) Visual runway means a runway without an existing or planned straight-in instrument approach procedure.
Sec. 42-817. Aircraft use zones.
In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, noninstrument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on Salina Regional Airport airspace drawings found in the June 2014 Airport Layout Plans for the Salina Regional Airport, which were prepared in compliance with FAA requirements and 14 CFR Federal Aviation Regulation, Part 77, and are incorporated by reference as an amendment to the Zoning District Map of the City. The 2014 Airport Layout Plans for the Salina Regional Airport are on file in the office of the zoning administrator and available in electronic form at www.salinaairport.com. The various zones are hereby 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 takeoffs. The instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its center line being the continuation of the centerline of the runway.
(2) VFR approach zone. A visual flight rules (VFR) approach zone shall have a width of two hundred fifty (250) feet at a distance of two hundred (200) feet beyond each end of the runway widening thereafter uniformly to a width of one thousand two hundred fifty (1,250) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway.
(3) Transition zones. Transition zones are hereby established adjacent to each 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 airspace drawing. The transition zones extend from all runways at a slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the horizontal surface. 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 five thousand (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 surface. The horizontal surface is a horizontal plane one hundred fifty (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 surface of each runway and connecting the adjacent arcs. The radius of each arc is: (1) five thousand (5,000) feet for all runways designated as visual; and (2) ten thousand (10,000) feet 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 (5,000) foot arc is encompassed by tangents connecting two adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.
(5) Conical surface. The conical surface is hereby established as a surface extending outward and upward from the periphery of the horizontal surface at a slope of one (1) foot vertically for each twenty (20) feet horizontally for a horizontal distance of four thousand (4,000) feet.
Sec. 42-818. Height limitations.
(a) Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this article 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) Instrument approach zone. One (1) foot in height for each fifty (50) feet in horizonal distance beginning at a point two hundred (200) feet from and at the center line elevation of the end of the instrument runway and extending a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway;
(2) Visual approach zones. One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation at the end of the noninstrument runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway;
(3) Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point five hundred (500) feet at the elevation of the centerline of the instrument runway, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) 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 surface a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended;
(4) Horizontal surface. One hundred fifty (150) feet above the airport elevation or a height of one thousand four hundred thirty-five (1,435) feet above mean sea level;
(5) Conical surface. One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal surface, extending three hundred fifty (350) feet above the airport elevation; and
(6) Excepted height limitations. Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to seventy-five (75) feet above the surface of the land; except when, because of the terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zone.
(b) Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail.
Sec. 42-819. Use restrictions.
Notwithstanding any other provisions of this article, no use may be made of land within any zone established by this article 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 eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft.
Sec. 42-820. Nonconforming uses.
(a) Regulations not retroactive. The regulations provided by this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of September 21, 1992 as amended, or otherwise interfere with continuance of any nonconforming use, except as provided in subsection 3 of Section 3-707 of the General Statutes Supplement of 1947, or any amendments thereto; provided, however, that the city may require upon thirty (30) days' notice in writing any person owning and maintaining any nonconforming pole or pole line upon the roads and highways immediately adjoining the airport to remove, lower, change, or alter said nonconforming pole or pole line, upon prior payment by the city to said person of the reasonable and necessary expense of removing, lowering, changing, or altering the pole or pole line; or in lieu thereof to execute a good and sufficient bond with corporate surety thereon as security for the payment of the reasonable and necessary expense of removing, lowering, changing, or altering such pole or pole lines. Reasonable and necessary expense of removing, lowering, changing or altering the pole or pole line shall include, among other items of expense, the actual cost of (1) constructing underground conduits and the construction of such wires and equipment in such conduits, and (2) rerouting wires together with the poles, cross arms and other equipment connected thereto, together with the cost of any of a new right-of-way made necessary by such rerouting.
(b) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure 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 building official 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 the city.
Sec. 42-821. Permits.
(a) Future uses. 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 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 conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
(b) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on September 21, 1992, or on the effective date of any amendment to this article, 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) Nonconforming uses abandoned or destroyed. Whenever the building official determines that a nonconforming structure or tree has been abandoned or more than eighty (80) percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure of 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 article, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where:
(1) 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 article,
(2) The applicant duly submitted an application to the FAA to determine the impact on airport utility,
(3) The FAA determined that there was no substantial impact on airport utility,
(4) The aeronautical study conducted by the FAA did not recommend an increase in minimums for instrument approaches or any additional impact to the airport’s utility, and
(5) The board of adjustments determines that the structure or growth does not reduce the utility of the airport.
(e) Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city at its 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.
Sec. 42-822. Enforcement.
It shall be the duty of the building official to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the building official upon a form furnished by the building official. Applications required by this article to be submitted to the building official shall be considered within a reasonable time and granted or denied by him. Applications for action by the board of adjustment shall be forthwith transmitted by the building official.
Sec. 42-823. Board of adjustment.
(a) There is hereby created a board of adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the building official in the enforcement of this article;
(2) To hear and decide special exceptions to the terms of this article upon which such board of adjustment under such regulations may be required to pass;
(3) To hear and decide specific variances.
(b) The board of adjustment shall consist of all of the members of the board of directors of the airport authority as created in accordance with article II of chapter 4; and that by appointment to the board of directors of the airport authority shall automatically constitute appointment to the board of adjustment for the same term as provided for in article II of chapter 4.
(c) The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city clerk and shall be a public record.
(d) The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this article.
(e) The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article.
Sec. 42-824. Appeals.
(a) Any person aggrieved by any decision of the building official made in his administration of this article, may appeal to the board of adjustment.
(b) All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the building official a notice of appeal specifying with the grounds thereof. The building official shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building official certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the building official and on due cause shown.
(d) The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(e) The board of adjustment may, in conformity with the provision of this article, reverse or affirm, in whole or in part, or modify the order, requirements, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances.
Sec. 42-825. Judicial review.
Any person aggrieved by any decision of the board of adjustment, may appeal to the district court of the county as provided in K.S.A. 3-709.
Section 2. Repealer. Existing Sections 42-815 through 42-825 of the Salina Code are repealed.
Section 3. Effective. This ordinance shall be in full force and effect from and after its adoption and publication by the following summary once in the official city newspaper.
Section 4. This ordinance shall be published by the following summary:
Ordinance No. 15-10799 Summary
On September 21, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10799. The ordinance comprehensively amends and updates the 1992 Airport Zoning District regulations and adopts the 2014 Airport Layout Plan by reference as an amendment to the official Zoning District Map of the City of Salina, Kansas. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Introduced: September 14, 2015
Passed: September 21, 2015
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney