Draft Ordinance to Limit Height of ObjectsDRAFT ZONING ORDINANCE TO LIMIT HEIGHT
OF OBJECTS AROUND KALISPELL CITY AIRPORT
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES
AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE
OF PROPERTY, IN THE VICINITY OF THE KALISPELL CITY 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 KALISPELL
CITY AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF
THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF
ADJUSTMENT; AND IMPOSING PENALTIES.
This Ordinance is adopted pursuant to the authority conferred by Montana Codes
Annotated, Title 67, Chapters 4, 5, and 6. It is hereby found that an obstruction has
the potential for endangering the lives and property of users of the Kalispell City
Airport, and property or occupants of land in its vicinity; that an obstruction may affect
existing and future approach minimums of Kalispell City Airport; and that an
obstruction may reduce the size of areas available for landing, takeoff, and
maneuvering of aircraft, thus tending to destroy or impair -the utility of Kalispell City
Airport and the public investment therein. Accordingly it is declared:
(1) that the creation or establishment of an obstruction has the potential of being
...a public nuisance and may injure the region served by Kalispell City Airport;
(2) that it is necessary in the interest of the public health, public safety, and general
welfare that the creation or establishment of obstructions that are a hazard to
air navigation be prevented; and
(3) that the prevention of these obstructions should be accomplished, to the extent
legally possible, by the exercise of the police power without compensation.
It is further declared that the prevention of the creation or establishment of hazards
to air navigation, the elimination, removal, alteration or mitigation of hazards to air
navigation, or marking and lighting of obstructions are public purposes for which a
political subdivision may raise and expend public funds and acquire land or interests
in land.
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF KALISPELL CITY AND THE
BOARD OF COUNTY COMMISSIONERS OF FLATHEAD COUNTY, MONTANA, AS
FOLLOWS:
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SECTION I: SHORT TITLE
This Ordinance shall be known and may be cited as Kalispell City Airport Zoning
Ordinance.
SECTION II: DEFINITIONS
As used in this Ordinance, unless the context otherwise requires:
1. AIRPORT - means Kalispell City Airport.
2. AIRPORT ELEVATION - 3,546 feet above mean sea level, which is the highest
point of an airport's useable landing area measured in feet from sea level.
3. APPROACH SURFACE - A surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the primary
surface and at the same slope as the approach zone height limitation slope set
forth in Section IV of this Ordinance. In plan the perimeter of the approach
surface coincides with the perimeter of the approach zone.
4. APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These
zones are set forth in Section III of this Ordinance.
5. BOARD OF ADJUSTMENT - A board consisting of five (5) members appointed
by the City Council and Flathead County Commissioners as provided for in
Sections 67-4-312, 67-6-206 and 76-2-321 through 76-2-328 Montana Codes
Annotated.
6. CONICAL SURFACE - A surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
7. HAZARD TO AIR NAVIGATION - An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of the navigable
airspace.
8. HEIGHT - For the purpose of determining the height limits in all zones set forth
in this Ordinance and shown on the zoning map, the datum shall be mean sea
level elevation unless otherwise specified.
9. HORIZONTAL SURFACE - A horizontal plane 150 feet above the established
airport elevation, the perimeter of which in plan coincides with the perimeter of
the horizonal zone.
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10. NONCONFORMING USE - Any pre-existing structure, object of natural growth,
or use of land which is inconsistent with the provisions of this Ordinance or an
amendment thereto.
11. NONPRECISION INSTRUMENT RUNWAY - A runway having an existing
instrument approach procedure utilizing air navigation facilities with only
horizontal guidance, or area type navigation equipment, for which a straight -in
nonprecision instrument approach procedure has been approved or planned.
12. OBSTRUCTION - Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in Section IV of this Ordinance.
13. PERSON - An individual, firm, partnership, corporation, company, association,
joint stock association or governmental entity; includes a trustee, a receiver, an
assignee, or a similar representative of any of them.
14. PRIMARY SURFACE - A surface longitudinally centered on a runway. When the
runway has a specially prepared hard surface, the primary surface extends 200
feet beyond each end of that runway; when the runway has no specially
prepared hard surface, or planned hard surface, the primary surface ends at
each end of that runway. The width of the primary surface is set forth in
Section III of this Ordinance. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway centerline.
15. RUNWAY - A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
16. STRUCTURE - An object, including a mobile object, constructed or installed by
man, including but without limitation, buildings, towers, cranes, smokestacks,
earth formation, and overhead transmission lines.
17. TRANSITIONAL SURFACES - These surfaces extend outward at 90 degree
angles to the runway centerline and the runway centerline extended at a slope
of seven (7) feet horizontally for each foot vertically from the sides of the
primary and approach surfaces to where they intersect the horizontal and
conical surfaces.
18. TREE - Any object of natural growth.
19. UTILITY RUNWAY - A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
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20. VISUAL RUNWAY - A runway intended solely for the operation of aircraft using
visual approach procedures.
SECTION III: AIRPORT 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 beneath the approach
surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply
to the Kalispell City Airport. Such zones are shown on the Kalispell City Airport Zoning
Map consisting of one sheet, prepared by a/
and dated a/ , which is attached to this Ordinance and
made a part hereof. An area located in more than one (1) of the following zones is
considered to be only in the zone with more restrictive height limitation. The various
zones are hereby established and defined as follows:
1. Utility Runway Visual Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surface and is 250 feet wide. The
approach zone expands outward uniformly to a width of 1,250 feet at a
horizontal distance of 5,000 feet from the primary surface. Its centerline is the
continuation of the centerline of the runway.
2. Utility Runway Nonprecision Instrument Approach Zone - The inner edge of this
approach zone coincides with the width of the primary surface and is 500 feet
wide. The approach zone expands outward uniformly to a width of 2,000 feet
at a horizontal distance 5,000 feet from the primary surface. Its centerline is
the continuation of the centerline of the runway.
3. Transitional Zones - The transitional zones are the areas beneath the transitional
surfaces.
4. Horizontal Zone - The horizontal zone is established by swinging arcs of 5,000
feet radii from the center of each end of the primary surface of each runway
and connecting the adjacent arcs by drawing lines tangent to those arcs. The
horizontal zone does not include the approach and transitional zones.
5. Conical Zone - The conical zone is established as the area that commences at
the periphery of the horizontal zone and extends outward therefrom a horizontal
distance of 4,000 feet.
SECTION IV: AIRPORT ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this Ordinance, no structure shall be erected, altered,
or maintained, and no tree shall be allowed to grow in any zone created by this
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Ordinance to a height in excess of the applicable height limit herein established for
such zone. Such applicable height limitations are hereby established for each of the
zones in question as follows:
1, Utility Runway Visual Approach Zone - Slopes twenty (20) feet outward for
each foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet along the
extended runway centerline.
2. Utility Runway Nonprecision Instrument Approach Zone - Slopes twenty (20)
feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway centerline.
3. Transitional Zones - Slope seven (7) feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary surface and
the approach surface, and extending to a height of 150 feet above the airport
elevation which is 3,546 feet above mean sea level. In addition to the
foregoing, there are established height limits sloping seven (7) feet outward for
each foot upward beginning at the sides of and at the same elevation as the
approach surface, and extending to where they intersect the conical surface.
4. Horizontal Zone - Established at 150 feet above the airport elevation or at a
height of 3,696 feet above mean sea level.
5. Conical Zone - slopes 20 feet outward for each foot upward beginning at the
periphery of the horizontal zone and at 150 feet above the airport elevation and
extending to a height of 350 feet above the airport elevation.
6. Excepted Height Limitations - Nothing in this Ordinance shall be construed as
prohibiting the construction or maintenance of any structure, or growth of any
tree to a height up to 50 feet above the surface of the land.
SECTION V: USE RESTRICTIONS
Notwithstanding any other provisions of this Ordinance, no use may be made of land
or water within any zone established by this Ordinance in such a manner as to create
electrical interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for pilots to distinguish between airport lights and
others, result in glare in the eyes of pilots using the airport, impair visibility in the
vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or
interfere with the landing, takeoff, or maneuvering of aircraft intending to use the
airport.
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SECTION IV: NONCONFORMING USES
1. Regulations Not Retroactive - The regulations prescribed by this Ordinance 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 the effective
date of this Ordinance, or otherwise interfere with the continuance of a
nonconforming use. Nothing contained herein shall require any 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 Ordinance, and
is diligently prosecuted.
2. Marking and Lighting - Notwithstanding the preceding provision of this Section,
the owner of any existing 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 b/ to
indicate to the operators of aircraft in the vicinity of the airport the presence of
such airport obstruction. Such markers and lights shall be installed, operated,
and maintained at the expense of the c/
SECTION VII: PERMITS
1. Future Uses - Except as specifically provided in a, b, and c hereunder, no
material change shall be made in the use of land, no structure shall be erected
or otherwise established, and no tree shall be planted in any zone hereby
created unless a permit therefore 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. No permit for a use inconsistent with the provisions of this Ordinance
shall be granted unless a variance has been approved in accordance with
Section VII, 4.
a. In the area lying within the limits of the horizontal zone and conical zone,
no permit shall be required for any tree or structure less than seventy-five
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 zones.
b. In areas lying within the limits of the approach zones, but at a horizontal
distance of not less than 4,200 feet from each end of the runway, no
permit shall be required for any tree or structure less than seventy-five
feet of vertical height above the ground, except when such tree or
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structure would extend above the height limit prescribed for such
approach zones.
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 seventy-five feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height limit
prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as
permitting or intending to permit any construction, or alteration of any structure,
or growth of any tree in excess of any of the height limits established by this
Ordinance except as set forth in Section IV, 5. .
2. Existing Uses - No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure, or tree
to become a greater hazard to air navigation than it was on the effective date
of this Ordinance 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.
3. Nonconforming Uses Abandoned or Destroyed - Whenever the d/
determines that a nonconforming tree or structure has been
abandoned or more than 80 percent torn down, physically deteriorated, 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.
4. Variances - Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use property, not in accordance with the
regulations prescribed in this Ordinance, may apply to the Board of Adjustment
for a variance from such regulations. The application for variance shall be
accompanied by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. Such variances shall be allowed
where it is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and relief granted, will not be contrary to the
public interest, will not create a hazard to air navigation, will do substantial
justice, and will be in accordance with the spirit of this Ordinance. Additionally,
no application for variance to the requirements of this Ordinance may be
considered by the Board of Adjustment unless a copy of the application has
been furnished to the e/ for advice as to the aeronautical effects
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structure would extend above the height limit prescribed for such
approach zones.
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 seventy-five feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height limit
prescribed for such transition zones.
Nothing contained in any of the foregoing exceptions shall be construed as
permitting or intending to permit any construction, or alteration of any structure,
or growth of any tree in excess of any of the height limits established by this
Ordinance except as set forth in Section IV, 5.
2. Existing Uses - No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure, or tree
to become a greater hazard to air navigation than it was on the effective date
of this Ordinance 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.
3. Nonconforming Uses Abandoned or Destroyed - Whenever the d/
determines that a nonconforming tree or structure has been
abandoned or more than 80 percent torn down, physically deteriorated, 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.
4. Variances - Any person desiring to erect or increase the height of any structure,
or permit the growth of any tree, or use property, not in accordance with the
regulations prescribed in this Ordinance, may apply to the Board of Adjustment
for a variance from such regulations. The application for variance shall be
accompanied by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. Such variances shall be allowed
where it is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and relief granted, will not be contrary to the
public interest, will not create a hazard to air navigation, will do substantial
justice, and will be in accordance with the spirit of this Ordinance. Additionally,
no application for variance to the requirements of this Ordinance may be
considered by the Board of Adjustment unless a copy of the application has
been furnished to the e/ for advice as to the aeronautical effects
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of the variance. If the e/ does not respond to the application
within fifteen (15) days after receipt, the Board of Adjustment may act on its
own to grant or deny said application.
5. Obstruction Marking and Lighting - Any permit or variance granted may, if such
action is deemed advisable to effectuate the purpose of this Ordinance and be
reasonable in the circumstances, be so conditioned as to require the owner of
the structure or tree in question to install, operate, and maintain, at the owner's
expense, such markings and lights as may be necessary. If deemed proper by
the Board of Adjustment, this condition may be modified to require the owner
to permit the c/ at its own expense, to
install, operate, and maintain the necessary markings and lights.
SECTION VIII: ENFORCEMENT
It shall be the duty of the f/ , to administer and
enforce the regulations prescribed herein. Applications for permits and variances shall
be made to the f/ upon a form published for
that purpose. Applications required by this Ordinance to be submitted to the
f/ shall be promptly considered and granted or
denied. Application for action by the Board of Adjustment shall be forthwith
transmitted by the f/
SECTION IX: BOARD OF ADJUSTMENT
1. 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 f/ , in
the enforcement of this Ordinance; (2) to hear and decide special exceptions to
the terms of this Ordinance upon which such Board of Adjustment under such
regulations may be required to pass; and (3) to hear and decide specific
variances.
2. The Board of Adjustment shall be as provided for in Sections 67-4-312, 67-6-
206 and 76-2-321 through 76-2-328 Montana Codes Annotated.
SECTION X: APPEALS
1. Any person aggrieved, or any taxpayer affected, by any decision made in the
administration of the Ordinance, may appeal to the Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the
rules of the Board of Adjustment, filing with the f/ a
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notice of appeal specifying the grounds thereof. The f/
, 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 f/ , 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 the opinion of the
f/ 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 f/ and on due
cause shown.
4. 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.
5. The Board of Adjustment may, in conformity with the provisions of this
Ordinance, 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 determination as may be appropriate under the
circumstances.
SECTION XI: JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected, by any decision of the Board of
Adjustment, may appeal to the appropriate Court as provided in the Public Laws of the
State of Montana.
SECTION XII: PENALTIES
Each violation of this Ordinance or of any regulation, order, or ruling promulgated
hereunder shall be prosecuted in compliance with Montana Codes Annotated, Title 67,
Chapters 4, 5, and 6.
SECTION XIII: 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 structures or trees, and the use of land, or any
other matter, the more stringent limitation or requirement shall govern and prevail.
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SECTION XIV: SEVERABILITY
If any of the provisions of this Ordinance or the application thereof to any person or
circumstances are held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end, the provisions of this Ordinance are declared to be
severable.
SECTION XV: EFFECTIVE DATE
WHEREAS, the immediate operation of the provisions of this Ordinance is necessary
for the preservation of the public health, public safety, and general welfare, an
EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and
.effect from and after its passage by the and
publication and posting as required by law. Adopted by the Flathead County
Commissioners and the City Council of Kalispell City this day of
G AKALISPELL\ZORD. KAL
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