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06/23/93 Wood/Resolution 431 -- GPI Airporta - I lie ispell Incorporated 1892 Telephone (406)752-6600 Building Department Fax: (406)755-8017 PO Box 1997 Zip 59903-1997 MEMORANDUM Craig Kerzman Building Official TO: Steve Herbal Director FRDO Brian Wood y® r Zoning Administrator TOM Jentz, Senior Planner, FRDO Dwain Elkins FROM: Brian J. Wood, Zoning Administrator,17% Building Inspector DATE; June 23, 1993 AirportRE: Resolution #431 - GPI Attached•• . Resolution regulates in the vicinity of Has it been determined how this resolution will be applied if rumored development in the airport area goes beyond rumor and becomes reality (particularly in the absence of building permit requirements)? It appears that COSTCO has indeed purchased 25 acres south of the airport - whether their development is subject to this resolution is not known, but this office is interested in finding out how the FRDO will address development in the area tescribed in the resolution. David Greer, on behalf of the airport, had asked the county attorney's office if an administration/enforcement mechanism had been developed to implement the resolution, but as I understand, he has •. y • reply. V ILF_� Glacier Park International Airport Serving all of Northwestern Montana April 27, 1993 Woody G. Germany, P. E. Vice President WGM Group P.O. Box 3418 Missoula, Montana 59806-3418 Re: Potential Conflicts Of Development At Birch Grove Road and Highway 2 With Airport Dear Mr. Germany: Thank you for the opportunity to respond to your inquiry regarding property development near Glacier Park International Airport. The location of this parcel is within the boundaries of the airport's hazard zoning resolution and as such is subject to the zoning restrictions. A full copy of the ordinance is enclosed for your review. A building height of 50 feet at your site is below our approach and transitional zones, however, other sections of the zoning ordinance do apply. Regulations involving electrical interference, light interference, general endangerment of flight activity, and permit requirements would be applicable. Plans call for future runway extension to the south, which would bring aviation activity closer to the site. The Airport Authority is working with appropriate planning officials to institute a land use plan in the vicinity of the airport to insure compatible land uses with the airport. It is our belief that any commercial development at the indicated location which is retail in nature or would be a large generator of vehicular traffic would be a very poor move. It is contrary to the county comprehensive plan and would set a land use precedent that is incompatible with the airport and its long term 0`�� �QQ��� viability. �'(aSf�i l� If we can be of further assistance in your study please 6� ope? contact me. Sincerely, Monte M. Eliason Airport Manager MME:ml Flathead Municipal Airport Authority 4170 Highway 2 East Kalispell, Montano 59901 (406) 257-5994 RESOLUTION NO. 431 A RESOLUTION REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING TliE USE OF PROPERTY, IN THE VICINITY OF THE GLACIER PARK INTERNATIONAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES: DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE GLACIER PARK INTERNATIONAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS RESOLUTION; PROVIDING FOR ENFORCEMENT, ESTABLISHING A BOARD OF ADJUST- MENT: AND IMPOSING PENALTIES. This Resolution is adopted by the Board of County Commissioners of Flathead County, pursuant to the authority of 67-4-101 through 67-4-301, Montana Code Annotated. It is hereby found that an airport hazard endangers the lives and property of users of Glacier Park Inter- national Airport, and property or occupants of land in its vicinity, and also if the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Glacier Park Inter- national Airport and the public investment therein. 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 Glacier Park International Airport. (2) That it is necessary in the interest of the public health, 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 elimination, removal, alternation, mitigation, or marking and lighting of existing air- port hazards are public purposes for which the Board of County Commissioners may raise and expend public funds and acquire land or interest in land. IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF FLATHEAD COUNTY, MONTANA, as follows: Page SECTION 1. SHORT TITLE: These regulations may be known as and may be cited as "Glacier Park C3 International Airport Hazard Zoning Resolution". p n SECTION 2. DEFINITIONS: For the purpose of this Resolution, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicatesotherwise: (1) AIRPORT: Airport as used in this Resolution shall mean the Glacier Park International Airport. (2) AIRPORT ELEVATION: Airport elevation means the established eleva- tion of the highest point on the usable landing area measured in feet from the mean sea level. (3) AIRPORT HAZARD: Airport hazard means any building, structure, tree, object or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in land- ing or taking -off at the airport. (4) AIRPORT REFERENCE POINT: Airport reference point means the point established as the approximate geographic center of the airport C5 landing area. (5) HEIGHT: For the purpose of determining height limits in the var- ious zones established in SECTION 3 and shown on the airport zoning map, the datum shall be mean sea level elevation. (6) LANDING AREA: Landing area shall mean the area of the airport 0 used for the purpose of landing, take -off or taxiing of aircraft. 7 NON -PRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing air navigation facilities 0� with only horizontal guidance, or area type navigation equipment, 0 for which a straight -in non -precision instrument approach proced- ure has been approved or planned. (8) PRECISION INSTRUMENT RUNWAY: A runway having an existing or plan- ned Instrument Landing System (ILS) or a Precision Approach Radar (PAR). (9) PRIMARY SURFACE: A surface longitudinally centered on a runway, when the runway has a specially prepared hardsurface, the primary surface extends two hundred (200) feet beyond each end of that runway; but when the runway has no specially prepared hard sur- face, or planned hard surface, the primary surface ends at each end of the runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR). The elevation of the primary surface is the same as the elevation of the nearest point on the runway center- line. Page — 2 (lO) RUNWAY: Runway shall mean a defined area of an airport prepared for landing and takeoff of aircraft along its length. (ll) GI8UCI0IE; For the purpose of this Resolution, structure shall mean any object constructed or installed by man including, but without limitation to, buildings, towers, smoke stacks and overhead transmission lines. (12) TREE: For the purpose of this Resolution, tree means any object of natural growth. (13) 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 in- dicated on FAA approved airport layout plan. SECTION 3. ZONES: In order to curry out the provisions of this Resolution, there are hereby created and established instrument approach zones; Precision Instrument Approach Zone, Non -Precision Instrument Approach Zone, Vis- ual Approach Zone, Transition Zones, Horizontal 3mue and Conical Zone. These zones shall include all the land lying within said zones as shown on the airport hazard zoning map attached to and made a part of this Resolution. The various zones are hereby established and defined as follows: (l) PRECISION INSTRUMENT APPROACH C0NO (PA%): An instrument approach zone is established at each end of the instrument runway. The precision instrument approach zone shall have a width of one thou- sand (1000)teet 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 s distance of fifty-two thou- sand (52,000) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (2) NON -PRECISION INSTRUMENT APPROACH ZONE (0PAZ): The inner edc'e of this approach muoe coincides with primary surface and is six hundred (600) feet wide. The approach omue expands outward un- iformly to a width of two thousand (2,000) feet at a horizontal distance fine thousand (5.000) feet from the primary surface. Its centerline being the continuation of the centerline of the runway. (3) VISUAL APPROACH ZONE (VA%): The inner edge of this approach zone coincides with primacy surface and is tour hundred (400) feet wide. The approach zone expands outward uniformly to a width of one thousand two hundred and fifty (1,250) feat at a horizontal distance five thousand (5,000) feet from the primary aocface. Its centerline being the continuation of the centerline of the runway. Pa�e - 3 (4) TRANSITION ZONES (TZ): Transition zones are hereby established adjacent to each runway and approach zones as indicated on the airport zoning map. Transition zones symmetrically located on either side of respective runway have variable widths as shown on the airport zoning map. (5) HORIZONTAL ZONE (HZ): The horizontal zone is hereby established by swinging arcs of ten thousand (10,000) feet radius from the center of each end of the primary surface of each runway, and connecting the arcs by drawing lines tangent to those arcs. The 9 horizontal zone does not include the approach and transitional zones. (6) CONICAL ZONE (CZ): The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outwards therefrom a horizontal distance of four thou- sand (4,000) feet. The conical zone does not include the approach zones and the transitional zones. SECTION 4. USE REGULATIONS: Notwithstanding any other provision of this Resolution, no use shall be made of any land within any zone established which will: (1) Create electrical interference with radio communication between airport and aircraft. (2) Make it difficult for flyers to distinguish between airport lights and other lights. (3) Result in glare in the eyes of flyers using the airport. (4) Impare visibility in the vicinity of the airport. (5) Endanger the landing, take -off or maneuvering of aircraft. SECTION 5. HEIGHT REGULATIONS: No building, structure or tree shall be erected, altered, allowed to grow or be maintained, in any zone created by this resolution, to a height in excess of height herein established for such zone. Such height limitations are computed from the established airport elevation and are hereby established for each of the zones in question as follows; (1) PRECISION INSTRUMENT APPROACH ZONES (PAZ): One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a 0 0 point two hundred (200) feet from the end of the precision instru- ment runway and extending to a distance of ten thousand two hundred 0 (10,200) feet from the end of the runway; thence one (1) foot of height for each forty (40) feet in horizontal distance to a point of fifty thousand two hundred (50,200) feet from the end of the runway. (2) NON -PRECISION INSTRUMENTAL APPROACH ZONE (0P&2): One (l) foot in height for each twenty (20) feet in horizontal distance begin- ning at a point two hundred (200) feet from the end of the runway and extending to a distance of five thousand two hundred (5,200) feet from the end of the runway. (2) VISUAL APPROACH ZONE (V&Z); One (l) foot in bei�ht for each twen- ty (20) feet in horizontal distance beginning at a point two hun- dred (200) feet from the end of the runway and extending to a - distance of five thousand two hundred (5,200) {eat from the end of the runway. (4) TRANSITIONAL ZONES (TZ): Slopes upward and outward one (l) foot in bei-bt for each seven (7) feet in horizontal distance beaiooioa at the sides of and at the same elevation as the primacy surface and the approach zones, and extending to a height of one hundred and fifty (150) feet above the airport elevation which is three thousand one hundred and twenty two (3,122) feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides and at the same elevation as the approach zones, and extending to where they inter- sect the conical zone. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven (7) feet 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 (5,000) feet measured at qO degree angles to the extended runway centerline. (5) HORIZONTAL ZONE (BZ): One hundred and fifty (150) feet above the airport elevation or a height of 3,122 feet above mean sea level. (6) CONICAL %O02 (CC): Slopes opnucd and outward twenty (20) feet horizontally for each foot vertically beginning a� �6e perip6ecy of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of 350 feet above the airport elevacioo. Where an area is covered by more than one (l) height limitation, the more restrictive limitation shall prevail. SECTION 6: NONCONFORMING USES: (l) REGULATIONS NOT RETROACTIVE: The regulations prescribed by this resolution shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not con- forming to the regulations as of the effective date of this resolu- tion, or otherwise interfere with the continuance of a nonconform- ing use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, Page - 5 the construction or alteration of which was begun prior to the effective date of this resolution, and is diligently prosecuted. (2) MARKING AND LIGHTING: Notwithstanding the proceedings of this resolution, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and liabts as shall be deemed necessary by the Flathead County Airport Authority Board 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 Airport Authority of the Glacier Pack International Airport. SECTION 7: PERMITS: (l) FUTURE USES: Nomaterial chances sin 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 thereof shall have been applied for and granted. (a) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond o horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone. (b) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use structure, or tree would conform to the regulations herein prescribed. It such determination is in the affirmative, the permit shall be granted. (2) EXISTING USES: No permit establishment or creation conforming use, structure air navication than it was or any amendments thereto permit is made. Except as permit shall be granted. shall be acanced that mould allow the of an airport hazard or permit a non - or tree to become a �reater hazard to on the effective date of the Resolution or than it is when the application for a indicated, all applications for such a (3) NON CONFORMING USES ABANDONED OR DESTROYED: Whenever the Zooiu- Admioistcator determines that a nonconforming tree or structure has been abandoned or more than eighty (80) percent torn down, physically deteriorated, or decayed, no permit shall be �raoted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Pa�e - 6 (4) 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 regulatimzy prescribed in this Resolution, may apply to the Board of Adjustment for a var- iance from such reQolotioos. Such variances shall be allowed where it is duly found that a literal application or enforcement of reaulatinns would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordaoce with the spirit of this Resolution. (5) HAZARD MARKING AND LIGHTING: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Resolution and he reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Airport Authority of the Glacier Pack inter- national Airport, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard. SECTION 8: ENFORCEMENT: It sh ' all be the duty of the Zoning '.Administrator of Flathead County toadministerand enforce the regulations prescribed herein. Applica- tions for permits and variances shall be made to the Zoning Administra- tor upon a form furnished by him. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Zoning Adminis- trator. SECTION 9: BOARD OF ADJUSTMENT: (l) The Board of Adjustment of the Flathead County shall also be the Board of Adjustment for regulations prescribed in this Resolution. The Board shall have and exercise the following powers: (a) to hear and decide appeals from any order, requirement, dec- ision, or determination made by the Zoning Administrator in the enforcement of this Resolution; (b) to hear and decide special exceptions to the terms of this Resolution upon which such Board of Adjustment under such regulations may be required to pass; (c) to hear and decide specific variances. (2) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to decide on any matter which it is required to pass under this Resolution, or to effect var- iation in this Resolution, SECTION 10: APPEALS (1) Any person aggrieved, or any taxpayer affected, by any decision of the Zoning Administrator made in his administration of this Resolution, may appeal to the Board of Adjustment. (2) All appeals hereunder must be made by filing with the Zoning Admin- istrator, a notice of appeal specifying the around thereof within thirty (30) days of the date of the decision being appealed. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator 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, or notice to the Zoning Ad- ministrator, and on due cause shown. (4) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public and due notice to the parties in interest, 0 and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. (5) The Board of Adjustment may, in conformity with the provision of this Resolution, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determina- tion, as may be appropriate under the circumstances. SECTION 11. JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, may appeal to the Court of Law having jurisdiction on such action. SECTION 12: PENALTIES Any person or firm or corporation violating any of the provisions of this resolution or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred ($500) dollars, or by imprisonment for a period of not more than six (6) months or by both such fine and imprisonment, as provided by 67-4-401, Montana Codes Annotated. Each such person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of this law is committed, continued, or per- mitted by such person, firm or corporation and shall be punishable as provided by such law. Page - 8 SECTIONl3: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limita— tions prescribed in this Resolution and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more striu�eot limitation or requirement shall govern and prevail. SECTION l4: S8YG8ABILITY' If any of the provisions of this Resolution or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be sev— erable. SECTION 15: EFFECTIVE DATE This Resolution shall be in full force and effect from and after its passage by the Board of County Commissioners, and publication and post— ing, as required by Iaw. Adopted by the Board of County Commissioners, Flathead County, Montana, this —9t11 d�� of June , 1981. 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