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03/03/06 Jentz/Airport Affected Area ZoneCity of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com 015 13• ) aT TO: KALISPELL PLANNING BOARD FROM: TOM JENTZ, DIRECTOR RE: AIRPORT AFFECTED AREA ZONE DATE: MARCH 3, 2006 Kalispell Airport Manager Fred Lestiko has been working with city and county staffs and officials for over a year to bring this overlay ordinance to you. The airport overlay zone as proposed for the Kalispell City Airport is required by the Federal Aviation Administration. It has two primary purposes, to provide long term protection for the airspace around the Kalispell airport and to provide a vehicle to notice new property owners at the time of closing on the purchase of real estate within the airport area influence area that they indeed are in an area influenced by the airport. Fred will be in attendance at the March 14, Planning Board meeting to more fully describe the proposed ordinance and to answer any questions you or the public may have. Attached is a cover letter from Fred, the proposed ordinance, maps of the proposed area of impact and a copy of the inter -local agreement between Kalispell and Flathead County authorizing the City of Kalispell to take the lead in adopting this ordinance. LETTERS/2006/AIRPORT ZONING LTR TO PB r � rs•r TO: Kalispell City Planning Board FM: Kalispell City Airport Affected Area Board SUBJECT: Regulations for the Kalispell City Airport Affected Area IKW-! 1►1); During the last legislative session a new law was enacted to correct the ongoing problems and frustrations of local governments trying to adopt local airport protection. The old laws were contained within three sections of Montana Code that: were written in 1939, 1947 and 1977. One of the problems was that these three sections of law were not very compatible and contained many out of.date references regarding aviation and current problems facing airports such as the proliferation of cell towers, .developmental encroachment upon airports and federal and state funding requirements. Those local governments that control a NPIAS (National Program of Integrated Airport .Systems) airport are required to comply with this new law. A NPIAS airport is basically an airport that has been deemed by the FAA as being eligible and/or has received monies from the FAA. Title 67, Chapter 7, M.C.A., known as the "Airport Compatibility Act" requires all NPIAS airports to develop a protective area around their airport within one year from the passage of the act. This protective area, which is referred to as an "Airport Affected Area" (AAA), must be 10,000' from the thresholds of each runway and 1 mile wide on each side. Once an AAA is established, a person may not recover damages from the airport sponsor caused by noise, fumes, vibrations, light or any other effects from normal and anticipated airport operations. The law also allows joint owners of the airport, and for lands surrounding an airport, to work together in a structured way to create the AAA. In the case of joint ownership around the airport, the joint owners will form a joint board to formulate the necessary regulations for the purpose of establishing regulations for the administration of the AAA. An Airport Affected Area Board was formed by the City of Kalispell and the Flathead County Commissioners in May of 2005. The AAA Board had several meetings to discuss adoption of rules to govern the Kalispell City Airport AAA. The proposed set of rules are presented to the Kalispell City Planning Board for your action in accordance with the Interlocal Agreement between the City of Kalispell and Flathead County dated January 30, 2006 and filed with the Secretary of State, the Flathead County Clerk and Recorders office, and the City of Kalispell Clerk and Recorders office. Following your public hearing, you will pass your recommendations on to the Kalispell City Council alpng with the minutes of the public hearing. The Kalispell City Council shall consider and determine the proposed ordinance for the Kalispell City Airport Affected Area. Proposed Ordinance Interlocal Agreement Map A - Airport Zoning District (Shadowed area) Map B - Airport Airspace Zones (Breaks down the area) Map B-1 Airport Airspace (Critical Zone) Map C - Airport Land use Zones (Airport Property) Map D - Airport Influence Notification Zone (Real estate Disclosure Statements) Respectfully submitted: Fred A. Leistiko, Chairman Kalispell City Airport Affected Area Board ORDINANCE NO. AN ORDINANCE ESTABLISHING REGULATIONS IN THE KALISPELL CITY AIRPORT AFFECTED AREA TO PROVIDE AIRSPACE PROTECTION AND LAND USE COMPATIBILITY WITH AIRPORT OPERATIONS AT THE KALISPELL CITY AIRPORT AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I TITLE. This section shall be known as the Kalispell City Airport (KCA) Affected Area Ordinance. SECTION H PURPOSE AND INTENT: The purpose of this ordinance is to provide both airspace protection and land use compatibility with airport operations at the Annotated. SECTION M. DEFINITIONS. For the purposes of this ordinance, the following definitions are applicable: AIRPORT. Kalispell City Airport (KCA). AIRPORT ELEVATION. The elevation of the highest point on the airport's established runways measured in feet above mean sea level (MSL) and based on the North American Vertical Datum of 1988 (NAVD 88). KCA airport elevation is 2932 feet. AIRPORT HAZARD (Obstruction). Any structure, object of natural growth, or use of land that would exceed the federal obstruction standards as contained in 14 CFR Parts 71.21, 77.23, 77.25. 77.28, and 77.29 and which obstructs the airspace required for flight of aircraft in taking off, maneuvering or landing at an airport or is otherwise hazardous to taking -off, maneuvering or landing of aircraft, and is unpermitted, or for which a variance has not been granted. ORDINANCE NO. Page 1 of 13 ELECTROMAGNETIC EFFECT. Any interference or impediment to the transmission or quality of navigation or communication signals to or from aircraft, meteorological equipment, navigation equipment, communications equipment, or air traffic control facilities caused by a power source, radio frequency transmitter, or an object or surface that emits, reflects, or re -radiates an electromagnetic signal or electrical pulse. HEIGHT. For the purpose of determining the height limitations in all zones established by this ordinance and shown on the attached Kalispell City Airport maps, the datum shall be mean sea level elevation (NAVD 88) unless otherwise specified. NONCONFORMING USE. Any structure, tree, natural growth or use of land, which is inconsistent with the provisions of this ordinance or amendment thereto. or taking off airplanes and sanctioned by the Federal Aviation Administration for public -use. KCA currently has one paved runway designated as Runway 13/31. STRUCTURE. An object or structure constructed or installed by man, including but not limited to buildings, towers, smoke stacks, and overhead transmission lines. THRESHOLD. The beginning of that portion of the Runway available for landing. TREE. Any vegetation or other naturally growing object. AIRPORT ZONING DISTRICT. Area as described within this document and shown on attached maps that this zoning ordinance shall apply. ORDINANCE NO. Page 2 of 13 SECTION IV. AIRPORT ZONES The City of Kalispell and Flathead County hereby adopts the following zones for the Kalispell City Airport. Airport Zoning District (See Sheet A), Airport Airspace Zones (See Sheets B and B-1), Airport Land Use Zones (See Sheet C), and Airport Influence Notification Zones (See Sheet D) The boundaries of these zones shall be established by this ordinance and included in the official City/County zoning maps. All development applications for land within these zones of influence shall comply with this ordinance, as well as complying with applicable underlying zoning district requirements. Where a zone overlays a portion of a property, only that portion within the zone shall be affected by the zone regulations. (2) , Zones. Certain zones are established which include all of the land lying within the primary zones, horizontal zone, conical zone, precision instrument approach zones, nonprecision instrument (NPI) approach zones, visual approach zones, transition zones and critical area. Where both an existing and future threshold are planned for a runway, the approach zones will consists of the area.enclosed by trapezoids for each threshold plus the lines connecting corresponding outboard corners of the two trapezoids. Such areas and zones are shown on attached Sheet B, Airport Airspace Zones for the airport, consisting of one sheet prepared by the City of Kalispell, a copy of which is made a part hereof by reference. The various zones are defined and described as follows: (a) Primary Zones. Primary zones are hereby established as the area extending equidistantly on either side of each runway centerline with total width: i) For utility NPI, visual and NPI (>3/4 mile approach visibility minimums) runways, 500 feet. For the length of such runway plus 200 feet on each end. (Except turf runways where the length equals the length of the runway,) ORDINANCE NO. Page 3 of 13 (b) Horizontal Zone. A horizontal zone is hereby established as the area within a perimeter established by swinging arcs from points 200 feet beyond the existing or planned ends of the runways on the extended runway centerline, then connecting the adjacent arcs bylines tangent to those arcs. When an are is encompassed by tangents connecting two adjacent arcs, the arc encompassed must be disregarded in delineating the perimeter of the horizontal surface. The radius of each arc is: i) For nonprecision instrument runways, 10,000 feet. The horizontal zone does not include the primary, approach, and transition zones. (c) Conical Zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a distance of 4000 feet. The conical zone does not include the approach and transition zones. 200 feelffie dth of 4Met at a runway, desi gnatum, with matelv be esta 51i's d for (e) Visual Approach Zones. A visual approach zone is established at each end of the visual runways. Each visual approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 1500 feet at a distance of 5200 feet beyond each end of the runway with its center line being the continuation of the center line of the runway: At KCA, Runway 13/31 is designated as a visual runway. (f) Transition Zones. Transition zones are hereby established adjacent to each approach zone and symmetrically located on each side of primary zones having variable widths as shown on Sheet B, Airport Airspace Zones. (g) Airport Critical Area. An area encompassing the primary zone, approach zones and transition zones along an elevation line that is fifty feet above the airport elevation. Airport Critical Area is based on ultimate airportsize and approach zones. ORDINANCE NO. Page 4 of 13 (3) Height Restrictions (a) Height Limitations. Except as otherwise provided in this ordinance, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this ordinance to a height in excess of the height limitation established for such zone. Such height limitations are established for each of the zones as follows: i) Primary Zones. a) Objects greater than 3 inches above grade shall be allowed only when constructed on low impact resistant supports with the frangible point no higher than 3 inches above grade. b) Objects that need to be located in this area because of their function shall be constructed at the lowest practical height. ii) Horizontal Zone. 150 feet above the airport elevation. vi) Transition Zones. Begin at an elevation equal to the elevation of the nearest point on the runway centerline, and extend outward and upward at right angles to the runway centerline or extended runway centerline, increasing.I foot in height for each 7 feet from the sides of the primary zone and from the sides of all approach zones. vii) Airport Critical Area. The area as called out on the attached Sheet B, Airport Airspace Zones, consisting of a 50-foot elevation line, above the airport elevation, on all .approach and transition. zones. (b) Conflicting Regulations. When an area is covered by more than one height limitation, the more restrictive shall prevail. (c) Minimum Review Height. Nothing in this ordinance shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height: i) equal to or below the airport elevation. ii) up to fifty (50) feet above the surface of the land except the area delineated on Sheet B, Airport Airspace Zones as "Airport Critical Area." ORDINANCE NO. Page 5 of 13 b. Airport Land Use Zones — See Sheets C (1) Intent. These Zones are intended to overlay any other zoning districts and regulations comprising or pertaining to areas to which it is applicable, so as to prevent undue negative interaction between aviation activities associated with the Airport and the surrounding community. It is intended to protect the lives and property of users of the airport and of occupants of land in its vicinity by restricting "places of public assembly" within these zones. These zones are intended to preserve the utility of the airport and the public investment therein. (2) Zones. Development zones are hereby established within the Airport Land Use Zones. Such areas and zones are shown on attached Sheet C, Airport Land Use Zones, prepared by the City of Kalispell, a copy of which is made a part hereof by reference. The various zones are defined and described as follows: the runways. Each runway shall have protection zones that have a width of 500 feet at a distance of 200 feet beyond the runway threshold, widening thereafter uniformly to a width of 700 feet at a distance of 1,200 feet beyond the runway threshold, with its center line being the continuation of the centerline of the runway, for all other than utility runways. Runway 13/31 is planned to have a visual approach with not less than one mile visibility. (b) Airport Zone/Airport Property. The airport zone is hereby established as the land area owned by the City of Kalispell and held as KCA or anticipated as a desired airport ownership for airport expansion or airspace protection, exclusive of the airport runway protection zones. (3) Use Restrictions (a) Airport Runway Protection Zones. i) Permitted uses: a) Agriculture (other than forestry; or livestock if also encompassed by Municipal Airport Zone) ORDINANCE NO. Page 6 of 13 ii) Conditional uses: a) Roadways, automobile parking areas, and railroads that satisfy height restrictions. iii) Prohibited uses: a) Residences. b) Educational centers (including all types of primary and secondary schools, pre-schools, child care facilities). c) Hospitals, medical inpatient treatment facilities, nursing/convalescent home facilities. d) Places of Worship. e) Places of public assembly not previously listed. f) Fuel handling and storage facilities. (b) Municipal Airport Zone/Airport Property. and other businesses and concessionaires. e) Offices and facilities for airport management, air charter, air taxi, crop spraying, aircraft sales or rentals, and air cargo processing facilities. f) Agriculture (other than forestry or livestock), golf courses, tourism information centers and museums. g) (Eight schools, flying clubs and other schools or training facilities relating to aviation or air -related transportation. h) Offices and facilities for the operation and maintenance of air rescue, emergency and firefighting services. i) Aircraft maintenance, manufacturing, and testing facilities. j) Offices and facilities. of Federal, State and local government entities. ii) Conditional Uses. The following uses are conditional uses in this zone and are subject to the restrictions of Section 4.A. l.a (3), Use Restrictions, and the permit requirements of Section 4.A.3, of this Ordinance. a) Light commercial development. b) Industrial development. c) Residential Airpark. d) Outdoor baseball/softball facilities and other public or private recreational uses. ORDINANCE NO. Page 7 of 13 e) Driver education test track. f) Live animal export facilities. g) Automobile racing facilities. h) Firearm and sport shooting ranges. i) Boarding of livestock or other animals by governmental agencies. j) Municipal water storage tanks or towers. k) Businesses not located in the terminal building, and those uses, which are sanctioned by the Airport Board, but have not been heretofore mentioned. 1) Under unique, extenuating circumstances, a temporary use, for up to one year, that complies with Uniform Building and Fire Codes. iii) Prohibited uses: a) No other use, other than those explicitly allowed above. (4) Additional Use Restrictions a. Permitting Authority. (1) . The City of Kalispell is hereby designated and charged with the duty of administering the permitting process for the City/County. b. City of Kalispell Board of Adjustment (1) Pursuant to Title 67 Aeronautics, Chapter 7 — Airports Zoning Act and Title 76 Land Resources and Use, Chapter 2 Planning and Zoning, MCA, the Kalispell City Board of Adjustment shall possess and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision, or determination made by the City of Kalispell in the enforcement of this ordinance. (b) To hear and decide special exceptions to the provisions of this ordinance upon which the City of Kalispell under such provisions may be required to pass. (c) To hear and decide specific variances. 3. Administrative Procedures a. Procedures for Obtaining an Airport Construction Permit. (1) Construction of any building, structure or object within the Airport Zoning District that is: ORDINANCE NO. Page 8 of 13 (a) within the Airport Critical Area (as called out on the attached Sheet B, Airport Airspace Zone (b) planned to exceed fifty feet (50') in height above the surface of the land (c) planned to be constructed within the surface penetration areas (as called out on attached Sheet B, Airport Airspace Zones) will require a permit. (2) The permit will be obtained from the City of Kalispell Airport Manager. b. Criteria for Granting Permits. (1) Permits will not be granted for buildings, structures or objects that violate any Airport Airspace Zones or Land Use Zones requirements. (2) 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 l�l rsYY cup, uA Ulv XWX.ALL WL u uYYuvczciva ivl vuiauua.c, aiic"I V%, �v.Y u Kalispell City Board of Adjustment. (3) Appeals may be filed by the applicant, any person aggrieved, taxpayer affected, or governing body of a political subdivision. d. Variances. (1) Procedures for Obtaining an Airport Obstruction Variance. (a) Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or to use his property, in a manner not in accordance with the provisions of this ordinance, may apply to the Board of Adjustment for a variance. The request may be approved, approved with conditions, or denied. (b) Prior to variance requests being scheduled for consideration by the Kalispell City Board of Adjustment, the applicant shall submit the following: i) A copy of the notice of proposed construction form submitted to the FAA: ii) A final Determination issued by the FAA based on its review of the Notice of Proposed Construction submitted in accordance with 14 CFR Part 77; ORDINANCE NO. Page 9 of 13 iii) A valid aeronautical evaluation (may consist of the evaluation performed by the FAA); iv) Comments from the Aeronautics Division of the Montana Department of Transportation (MAD) or evidence that the MAD has made no comments during its required 45 day comment time frame. Said evidence shall include a return receipt showing that the MAD comment time frame has been exceeded. (2) Criteria for Granting an Airport Obstruction Variance. Where the FAA has reviewed the proposed development and determined its construction would exceed an Obstruction Standard of 14 CFR Part 77, the Board of Adjustment may grant an Airport Obstruction Variance for a proposed development. Such a variance may be granted if the Board determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief panted would not be contrary to the public interest (i.e. the )r aviatib o motions with thn ttf thi ss n is deemneEdable Mr..n� _li"e reasonable m ffi- -E,circurnstnresi permit fiance Abe so condroned. reuu - . of the sae or qon to ins: ned mm thereon such rtifflWis and Ili& asnM'Fe,. ne �s�-- dibi& to pilots the pres a -f an s� ctiomb=A n with tl %nchid FAA Advisorykmolar Nb ber 701 4 , it may QQen&d4here such marlin s lighting is required, such: requirement shall be satisfied prior to the issuance of a Certificate of Occupancy (CO) for the affected structure. (b) FAA determines the aeronautical evaluations submitted are valid. (c) Consideration is given to all of the following: i) The nature of the terrain and height of existing structures. ii) Public and private, interests and investments. iii) The character of flying operations and planned development of airports. iv) FAA designated federal airways. v) Whether construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport. vi) Technological advances. vii) The safety of persons on the ground and in the air. viii) Land use density. ix) The safe and efficient use of navigable airspace. x) The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' ORDINANCE NO. Page 10 of 13 comprehensive plans, and all other known proposed structures in the area. xi) FAA determinations and results of aeronautical studies conducted by or for the FAA. xii) MAD comments and recommendations, including MAD findings relating to MCA chapter 67. xiii) Comments and recommendations from local airport authorities. xiv) Other testimony and findings of aviation operations and safety experts. d. Judicial Review. Any person aggrieved, or any taxpayer affected, by any decision of the Kalispell City Board of Adjustment, may appeal to the District Court as provided in Section 67-6-206 and 76-2-327, MCA. 4. Enforcement or otherwise destroyed, to an extent of more than fifty percent (50%) of its replacement cost at the time of such occurrence, such structure or tree shall not be reconstructed, repaired or replaced in a manner exceeding any applicable height limitation or otherwise deviating from the provisions of this ordinance, and no permit allowing the same shall be issued hereunder without the prior granting of a variance. b. Conflicting Regulations. Where an area or location is subject to more than one height limitation under this ordinance, or where a conflict exists between any of the regulations or limitations prescribed by this ordinance 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 stringent or restrictive limitation or requirement shall govern. c. Penalty -- injunction. Each violation of this ordinance or of any regulations, . orders, or rulings promulgated or made pursuant to this ordinance shall constitute a misdemeanor and shall be punishable by a fine of not more than $500 or imprisonment for not more than 6 months or by both such fine and imprisonment,. and each day a violation continues to exist shall constitute a separate offense. In ORDINANCE NO. Page 11 of 13 addition the political subdivision or agency adopting zoning ordinances under this ordinance may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this ordinance or of airport zoning ordinances adopted under this ordinance or of any order or ruling made in connection with their administration or enforcement; and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this ordinance and of the regulations adopted and orders and rulings made pursuant thereto. B. Airport Influence Notification Zones and Regulations 1. Intent. These Zones are intended to overlay any other zoning districts and comprising or pertaining to areas to which it is applicable, so as to prevent undue negative interaction between aviation activities associated with KCA and the surrounding community. It is and signed by each purchaser of property within the Airport Influence Notification Zones, with the word "Approach" included for a property that lies in whole or part within the designated Airport Influence Notification Zone -Approach. The seller or closing agent shall obtain the buyers' signature upon the following certification at closing: "The tract of land situated at in Flathead County, Montana, consisting of approximately acres, which is being conveyed from to lies within Kalispell City Airport Influence Area (or Approach) and as such, may be subjected to noise, vibration, chemicals, odors, hours of operation, and other associated activities. CERTIFICATION The undersigned purchaser(s) of said tract of land certify(ies) that (helthey) (has/have) read and understand(s) the above disclosure statement and acknowledge(s) the pre- existence of the above named airport, as well as the noise and activities associated with the operation of said airport. Seller Buyer ORDINANCE NO. Page 12 of 13 Sworn to and subscribed before me at. (Notary Public) Date: SECTION V: This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS _ DAY OF MARCH, 2006. Pamela B. Kennedy Mayor ORDINANCE NO. Page 13 of 13 f ,: ♦ i AGREEMENT FLATHEADCITY OF KALISPELL ., for THE CITY OF KALISPELL AIRPORT WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal Cooperation Act," permits governmental units to make the most efficient use of their powers by enabling them to cooperate with other local governmental units on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, said Act provides that an interlocal agreement may be authorized and approved by the governing body of each parry to said contract; and WHEREAS, Title 67 Chapter 7, M.C.A., known as the "Airport Compatibility Act" has, as its purpose, to promote the public health, safety, and general welfare by the delineation of an airport affected area and by the development of compatible noise, height, and land use regulations to control airport hazards; and WHEREAS, the Airport Compatibility Act contemplates that the affected area of an airport, such as the Kalispell City Airport, encompasses property within the jurisdiction of more than one local government entity; and WHEREAS, the Airport Compatibility Act authorizes a joint airport affected area regulation board that may adopt, administer, and enforce airport affected area regulations as provided by MCA 67-7-201, subject to the provisions of MCA 67-7-203; and WHEREAS, it is in the best interests of the City of Kalispell and Flathead County, as well as the citizens of both local jurisdictions, that these local governments enter into this interlocal agreement to provide for the most efficient and effective development and enforcement of the airport affected area regulations. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Kalispell and the Commission of the County of Flathead, State of Montana, each a local government agency of the State of Montana, that: Pursuant to MCA 7-I1-104, the City of Kalispell and Flathead County agree it is to their mutual advantage to adopt this Interlocal Agreement as follows: N' JAN 19 2,9i13 COMMISSIONERS OFFICE Section l: Recitals The City of Kalispell is a municipality of the State of Montana located within Flathead County and organized pursuant to Title 7 Chapter 3 Part 43. The City owns, maintains and manages the Kalispell City Airport, which is a NPIAS General Aviation airport. The City of Kalispell, as a municipality, has statutory authority to place zoning designations and land use regulations upon real property located within its city limits Flathead County is a duly formed County government of the State of Montana created by the authority of the Montana State Legislature. Flathead County possesses the statutory authority to place zoning designations and land use regulations upon real property located within the county and outside of city jurisdictions. The proposed airport affected area of the Kalispell City Airport is located within both the City of Kalispell and Flathead County jurisdictions. Pursuant to MCA 67-7-202, Flathead County may provide members to the Airport Affected Area Regulation Board and defer to the zoning regulations proposed by that board and enacted by the City. Section 2: Purpose It is the purpose of this Agreement to provide for an efficient means of regulating the airport affected area of the Kalispell City Airport that meets the standards set forth Title 67, Chapter 7, M.C.A. Section 3: Creation and Administration of Land Use Controls 3.01. No separate legal entity is established by this Interlocal Agreement. 3.02. The City and the County agree to work cooperatively to provide and implement reasonable zoning regulations for the airport affected area of the Kalispell City Airport. 3.03. Pursuant to MCA 67-7-202, Flathead County and the City of Kalispell shall create and participate in the Kalispell City Airport Affected Area Regulation Board. 3.04. The Kalispell City Airport Affected Area Regulation Board shall propose zoning regulations for the entire airport affected area, including that land in the City of Kalispell, as well as that land in Flathead County and outside the City of Kalispell. The proposed zoning regulations shall comply with Title 67, Chapter 7, M.C.A. 3.05. The Kalispell City Airport Affected Area Regulation Board shall present the proposed zoning regulations to the City of Kalispell Planning Board, which shall hold the required public hearing. All properties affected by the proposed zoning INTERLOCAL AGREEMENT CITY OF KALISPELL AIRPORT AFFECTED AREA Page - 2 of 4 regulations shall receive the statutory mail notification of the proposed regulations as well as the date and time of the public hearing. 3.06. Following public hearing the City of Kalispell Planning Board shall pass its recommendations on to the Kalispell City Council along with the minutes of the public hearing. Based upon the evidence provided, the Kalispell City Council shall consider and determine the zoning ordinance for the Kalispell City Airport Affected Area. The Flathead County Commission, by this agreement, ratifies the determination of the Kalispell City Council. Section 4: Termination or Changes 4.01. This Agreement shall become effective upon approval by the Council of the City of Kalispell and the County Commission of Flathead County. This Agreement shall remain in full force and effect as stated unless terminated according to the provisions of this Section. 4.02. This agreement may be changed with additions and/or deletions upon mutual written consent of the parties hereto. Section 5: Term of Agreement This Agreement will be effective from signature date by both parties and will be effective for a period of 30 years. IN WITNESS WHEREOF, the local governments have caused this instrument to be duly executed by their proper officers as follows: ,_APPROVED BY THE COUNCIL OF THE CITY OF KALISPELL on the/7 `day of January, 2006, authorizing the Mayor to execute the Interlocal Agreement. IVVV*1V Theresa White City Clerk Y. rf- _ Y: amela B. Kenffedy Mayor tNTERLOCAL AGREEMENT .. Page - 3 of 4 County of Flathead, State of Montana ! ` ! AN ! " 14121,200 1 IWIRIVA611 MR I I It r, HBO Attest: Paula Robinson, \ F�TH O.• CLERK • �0 w: & ez N RECORDER r 7 Kimberl oser, Deputy County of Flathead ) ss: State of Montana ON THIS -L, day of January, 2006, before me the undersigned, a Notary Public for the State of Montana, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, Montana, and Theresa White, Clerk, City of Kalispell, Montana, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. e0eie��t►►i� •.; f o Printed Name: Judi A. Funk (NORX; Notary Public for the State of Montana Residing at: Kalispell My Commission Expires: February 25, 2008 ®+dz County of IVIl,..,,.)..•••'�ti State of Montana` =��►4{e` ON THIS 30 day of January, 2006, before me the undersigned, a Notary Public for the State of Montana, personally appeared Bob Watne, Chairman, Gary Hall, Member and Joe Brenneman, Member, Flathead County Board of Commissioners, Kalispell, Montana, and Kimberly Moser, Clerk, Flathead County Board of Commissioners, Kalispell, Montana, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. rutted Name: (e bie L. 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