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Laurel Airport Zoning17.28.010 Chapter 17.28 Sections: 17.28.010 Intent.. 17.28.020 Definitions. 17.28.030 Airport area of influence. 17.28.040 Airport elevation. 17.28.050 Airport property boundary. 17.28.060 Federal Aviation Regulation (FAR) 77. 17.28.070 Flight patterns. 17.28.080 Ldn. 17.28.090 Primary surface and primary surface control zone. 17.28.100 Runway layout. 17.28.110 Structure. 17.28.120 Tree. 17.28.130 Zoning commission! Duties. 17-28.140 Administration. 17.28.150 Applicability. 17.28.160 Districts created. 17.28.170 Airport Iand use map. 17.28.180 Use restrictions. 17.28.190 Land use schedule. 17.28.200 Height limitations. 17.28.210 Nonconforming uses. 17-28.220 Uses. 17-28.010 Intent. Specifically, these criteria and guidelines are designed to preserve existing and estab- lish new compatible land uses around air- ports, to allow land use not associated with high population concentration, to minimize exposure of residential uses to critical air- craft noise areas, to avoid danger from (Laurel 4-95) 402 aircraft crashes, and to regulate the area around the airport to minimize danger to public health, safety, or property from the operation of the airport; to prevent obstruc- tion to air navigation, and to aid in realizing the goals and policies of the city compre- hensive plan and the Laurel airport master plan. These guidelines will consider among other things: A. The safety of the airport users and persons and property in the vic_ £* ty of the airport; B. The character of the flying operations conducted or expected to be conducted at the airport; C. The magnitude and duration of noise produced by aircraft and the number of aircraft flying; D. The nature of the terrain; E. The future development of the air- port; and F. The views and mandates of the feder- al agency charged with the fostering of civil aeronautics as to the aerial surfaces neces- sary for safe flying operations. (Prior code § 17.56.010) 17.28.020 Definitions. For the purpose of this chapter certain words and terms used herein are defined in this chapter. (Prior code § 17.56.001) 17.28.030 Airport area of influence. "Airport area of influence" means an area encompassing the flight pattern and the area located between the fifty-five and sixty-five Ldn contours as depicted on the Ldn con- tour map. (Prior code § 17.56.005) 17.28.040 Airport elevation. "Airport elevation" is recorded and ac- cepted as three thousand five hundred fif- teen feet above mean sea level (MSL). (Ord. 94-11, 1994; prior code § 17.56.020) 17-28.050 Airport property boundary. "Airport property boundary„ means the area presently owned or leased by the city for use in the daily operation of the airport. "Proposed airport Property boundary„ means the area presently owned or leased by the city for use in the daily operation of the airport. "Proposed airport property bound- ary" refers to any areas to be acquired by the city for future development and protec- tion of the city for future development and protection of the facility. (Prior code § 17.56.030) 17.28.060 Federal Aviation Regulation (FAR) 77. "Federal Aviation Regulation" means those regulations which delineate imaginary surfaces as designated by the Federal Avia- tion Administration (FAA) to control the height of objects, both natural and man- made, which may affect navigable airspace around the airport. (Prior code § 17.56.040) 17.28.070 Flight patterns. "Flight patterns" mean an area one mile on each side of the runway centerline and one mile off each runway end. It also in- cludes that portion of an area ten thousand feet by four thousand feet beginning two hundred feet off of each end of runway 3-21 and extending beyond the one mile length. (Prior code § 17.56.050) 17.28.080 Ldn. "Ldn (day/night sound level)" means the noise measuring system which was utilized to predict the impact and impact area result- ing from the present and projected airport operations. The Ldn system that was uti- lized describes the environment in terms of contours which connect points of equal noise exposure intensity (the magnitude of the noise intensity within the sixty Ldn contour is comparable with normal conver- sation). (Prior code § 17.56.060) 17.28.090 Primary surface and primary surface control zone. "Primary surface control zone" means a surface located longitudinally on a runway and extending two hundred feet beyond each end of the runway. The primary sur- face control zone extends two hundred fifty feet southeast of the centerline of Runway 4/22; one thousand feet northwest of the centerline of Runway 4/22; two hundred fifty feet on each side of Runway 14/32 southeast of the intersection with Runway 4/22; and one thousand feet on either side of Runway 14/32 northwest of the intersec- tion with Runway 4/22. The primary surface control zone includes the primary surface, a surface longitudinally centered on each runway and extending two hundred feet beyond each end of a runway. The primary surface is five hundred feet wide for Run- way 4/22 and two hundred fifty feet for Runway 14/32. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. (Ord. 94-9, 1994: prior code § 17.56.070) 17.28.100 Runway layout. "Runway layout" means the orientation 403 (Laurel 4-95) I�►.1�[117 of the runways based on magnetic north Proposed runway layout includes future extensions on existing runways and new runways not yet constructed. (Ord. 94-10, 1994; prior code § 1756.080) 17.28.110 Structure. "Structure" means an object, including a mobile object, constructed or installed by man, including but without limitation, build- ings, dowers, cranes, smokestacks, earth formations, and overhead transmission lines. (Prior code § 17.56.090) 17.28.120 Tree. "Tree" means any object of natural growth. (Prior code § 1756.100) 17-28.130 Zoning commission — Duties. The city -county planning board shall act as the airport zoning commission whose duty it shall be to recommend the bound- aries of the various original districts, appro- priate regulations to be enforced therein, and to propose amendments or changes in either the boundaries or regulations as appli- cable. (Prior code § 1756.110) 17.28.140 Administration. The regulations shall be administered by the city -county planning board which shall also have the authority to approve or disap- prove proposed uses within the airport zone unless overruled by the airport board within two weeks of the date of the decision made by the city -county planning board. (Prior code § 17.56.120) 17.28.150 Applicability. These regulations will affect the property (I-aaml 4-95) 404 which lies outside of the airport boundary but inside of the airport area of influence. (Prior code § 17.56.130) 17-28.160 Districts created. In order to carry out the intent of these regulations, the Laurel airport area of influ- ence is divided into the following basic airport zones: Ldn zones and flight pattern area. (Ord. 94-14, 1994; prior code § 17.56.140) 17.28.170 Airport land use map. The boundaries of the airport zones are shown on the Laurel Airport Zoning Map which is filed with the city clerk. That map, along with all official amendments thereto, is made a part of these regulations. (Prior code § 1756.150) 17.28.180 Use restrictions. Notwithstanding any other provisions of these regulations, no use may be made of land or water within any district established by this regulation in such a manner as to create electrical interference with naviga- tional signals or radio communication be- tween the airport and aircraft, make it diffi- cult for pilots to distinguish between the airport lights and other lights, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuver- ing of aircraft intended to use the airport. (Prior code § 17.56.160) 17.28.190 Land use schedule. A. Residential Uses Require Permit. 1. As shown on Table 17.28.190, new residential uses within the flight pattern area require a flight pattern area use permit. No new residential structures shall be erected without such permit, and all existing resi- dential structures in the flight pattern area at the time of adoption of the ordinance codified in this section shall be considered as grandfathered, nonconforming uses until such uses have been found in compliance with this section. 2. Three copies of an application along with a twenty-five dollars review fee shall be filed with the city and shall consist, at a minimum, of the following information: a. A legal and general description of the tract or tracts upon which the permit is sought; b. A map showing the dimensions, acreage and sites of the tract(s) and adjacent land uses; c. The names, addresses and telephone numbers of the owner(s) of the tract(s) and their agents, if any; d. A site plan showing major details of the proposed residential use including but not limited to: proposed and existing build- ings and structures; heights of structures; means of ingress and egress; landscaping; and proposed construction materials; e. A time schedule for development; f. An executed perpetual air rights easement, in a form satisfactory to the city, granting to the city, for the benefit of the public, perpetual air rights -of -way for the free and unobstructed navigation and pas- sage of all types of aircraft in and through the air space above the real property in- volved; and g. Any other information the applicant believes will support the request or that the city may require. B. Review of the Flight Pattern Area Use Permit by the Planning Director. 17.28.190 1. The application for flight pattern area use permit shall be reviewed by the plan- ning director for appropriateness and effect on the ordinance codified in this section, existing and proposed airport plans, compat- ibility of surrounding land uses and rela- tionship to the Laurel Comprehensive Plan and FAR Part 150, Noise Compatibility Program- 2. The planning director shall provide . one copy of the application to the I.a urel airport authority for review. 3. If the application is properly prepared. . and complete as specified in subsection. A(2) of this section, the planning director: shall have ten working days to review the application and, if in compliance with the intent of the ordinance codified in this section, issue a flight pattern use permit. (Ord. 94-13, 1994; prior code § 17.56.170) 17M.200 Height Iimitations. In order to carry out the intent of these regulations, there are established imaginary surfaces for the purpose of.Iimiting height. An area located in more than one of the following zones is limited by the more restrictive zone. No structure or tree shall be erected, altered, allowed to grow, or be maintained above the following imaginary surfaces: A. Utility Runway Visual Approach Zone: slopes upward twenty feet horizontal- ly for each foot vertically, beginning at the end of and at the same elevation and width as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline, with a lateral width of one thousand two hundred fifty feet. B. Utility Runway Nonprecision Instru- ment Approach Zone: slopes upward twenty 405 (LAt=14-95) feet horizontally for each foot vertically beginning at the end of and at the same elevation and width as the primary surface and extending to a horizontal distance of five thousand feet along the extended run- way centerline, with a lateral width of two thousand feet. C. Transitional Zone: slopes upward seven feet horizontally for each foot verti- cally beginning at the sides of and at the same elevation and width as the primary surface and the approach zones, and extend- ing to a height of one hundred and fifty feet above the airport elevation. In addition to the foregoing, .there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and ex- tending to where they intersect with the conical surface. D. Horizontal Zone: a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of five thou- sand feet from the center of each end of the primary surface of each runway and con- necting the adjacent arcs by lines tangent to those arcs. E. Conical Zone: slopes upward and outward twenty feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and extending to a height of three hundred fifty feet above the airport elevation. (Ord. 94-12, 1994; prior code § 1756.180) 17.28.210 Nonconforming uses. A. Regulations Not Retroactive. These regulations shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not con- (IA=i 495) 406 forming to the regulations as of the effec- tive date of the ordinance codified in this chapter. Nothing herein contained shall require any change in construction, alter- ation, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of these regulations, and is diligently prosecuted to completion. B. Hazard Marking and Lighting. Not- withstanding subsection A wave, the owner of any nonconforming structure or tree is required to permit the city, at its own ex- pense, to install, operate, and maintain thereon such markers and lights as the air- port board may deem necessary to indicate to airmen the presence of airport hazards; provided, that the city does not by taking such action waive any right to exercise eminent domain or abate as a nuisance any such nonconforming structure. (Prior code § 17.56.190) 17.28-220 Uses. A. Future Uses. No person shall make any material change in the use of land and no person shall erect, alter, plant or other- wise establish any structure or tree in any zone created unless approval has been ap- plied for and granted. Applications for approvals shall be made to the city -county planning board. Each application for, an approval shall indicate the purpose for which the approval is desired with sufficient data to allow the city -county planning board to determine whether the resulting use, structure, or tree would conform to these regulations. If such determination is in the affirmative, the approval shall be granted, unless overruled by the airport board within two weeks of the date of the decision of the planning board. B. Existing Use. No approval shall be granted that would allow the establishment or creation of an airport hazard or allow a nonconforming use, structure, or tree to be made or become higher or a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chap- ter or any amendment thereto or than it is when the application for an approval is made. C. Nonconforming Uses Abandoned or Destroyed. Whenever the city -county plan- ning board determines that a nonconforming structure or tree has been abandoned or more than eighty percent tom down, de- stroyed, deteriorated or decayed; no approv- al shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these 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 these regu- lations may apply to the city -county plan- ning board for a variance from the regula- tions. Such variance shall be allowed where a literal application or enforcement of these regulations would result in practical difficul- ty or unnecessary hardship and the relief granted would not be contrary the public interest but do substantial justice and be in accordance with the spirit of these regula- tions and of the enabling statute. E. Hazard Marking and Lighting. In granting any approval or variance, the city -county planning board may, if such action is deemed advisable to effectuate the purposes of these regulations and be reason- able in the circumstances, so condition such approval or variance as to require the owner of the structure to permit the city, at its own 17.28.220 expense, to install, bperate and maintain thereon such markers and lights as may from time to time be necessary to indicate to airmen the presence of an airport hazard. (Prior code § 17.56.200) 407 (La-i 4-95) Table 17.28.190 Land Use Category airport Zones Flight Pattern Ldn 65 Ldn 60 Ldn 55 Area Residential uses inside the municipal NA NA NA P boundaries of the City of Laurel Residential uses outside the municipal I I SR P boundaries of the City of Laurel Commercial uses inside the Laurel Air- A A A A port property boundary Commercial uses outside the Laurel NA SR SR SR Airport property boundary Public uses A A A A Agricultural uses NA NA SR A Ivey: A = Allowed I = Not allowed NA = Not applicable P = Requires flight pattern area use permit SR = Special review (See Chapter 17.68 of this code) Note: A location covered by more than one airport zone or regular Laurel zoning district shall be limited to the more restrictive zone. aAx=1 4-95) 408