2. Ordinance 1745 - Airport Affected Area - 2nd ReadingCharles A. Harball Offlce of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Doug Russell, City Manage'N
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1745 — New Regulations for Kalispell City
Airport Affected Area to Reflect Future Use as a General
Aviation Airport
MEETING DATE: October 20, 2014 — Regular Council Meeting — Second Reading
BACKGROUND: The City of Kalispell passed Ordinance No. 1579 on April 16, 2006
establishing the Kalispell City Airport Affected Area regulations to reflect the airport
master plan approved by Council to seek federal funding to upgrade the airport beyond
its use as a general aviation airport. At the last general election the city electors
determined by referendum to reject that portion of the master plan that would fund the
upgrade from federal grants.
The land use restrictions incorporated into Ordinance No. 1579 reflected a more
intensive use of the airport than the restrictions necessary for its current use as a
general aviation airport. The City should not place more restrictive land use regulations
on private property than what is best for the general safety and welfare of its citizens.
Therefore Ordinance No. 1745 repeals Ordinance No. 1579 and establishes land use
regulations that are consistent with the current and apparent future use of the airport as
a general aviation airport. Council tabled this matter on September 2, 2014 to give staff
the opportunity to inquire into a matter brought up by the public. The Ordinance was
passed on first reading.
RECOMMENDATION: It is recommended that the City Council pass Ordinance No.
1745 on second reading.
FISCAL EFFECTS: Passing the ordinance will have no fiscal effects other than
reducing exposure to claims of inverse condemnation from private property owners.
Respectfully submitted,
Charles Harball, City
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1. TITLE. This ordinance shall be known as the Kalispell City Airport (KCA)
Affected Area Ordinance.
SECTION 2. PURPOSE AND INTENT. The purpose of this ordinance is to provide both
airspace protection and land use compatibility with airport operations at the
Kalispell City Airport. This ordinance, through establishment of airport zones
and corresponding regulations, provides for independent review of development
proposals in order to promote the public interest in safety, health, and general
welfare in Flathead County. Therefore, the City of Kalispell and Flathead County
deems it necessary to regulate uses of land located within or near the traffic
patterns of the airport through regulation of height of structures and objects of
natural growth, and through regulation of land uses within the airport property
and runway protection zones. There is hereby adopted and established the official
airport affected area ordinance pursuant to the authority conferred on the City of
Kalispell and Flathead County, Montana, consistent with Title 67, Montana Code
Annotated.
SECTION 3. 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 runway measured in feet above mean sea level (MSL) and based on
the North American Vertical Datum of 1988 (NAVD 88). KCA airport elevation
is 2935.7 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 Part 77 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.
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.
NONPRECISION INSTRUMENT (NPI) RUNWAY. A runway having, or
planned to have, an authorized instrument approach procedure without vertical
path guidance. No runways are designated to ultimately become a NPI runway
for KCA.
VISUAL RUNWAY. A runway without an existing or planned authorized
instrument approach procedure. At KCA, Runway 13/31 is designated as a visual
runway.
RUNWAY. The defined and prepared surfaces of an airport, suitable for landing
or taking off by airplanes. 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.
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.
AIRPORT ZONING DISTRICT. Area as described within this document and
shown on attached maps that this zoning ordinance shall apply.
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SECTION 4. 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.
A. Airport Airspace Zones, Airport Land Use Zones, and Regulations
1. Establishment
a. Airport Airspace Zones — See Sheet B and B-1
(1) Intent. These zones are intended to prevent the creation or establishment of
airport hazards by regulating and restricting the height of structures and objects of
natural growth in the vicinity of KCA.
(2) Zones. Certain zones are established which include all of the land lying
within the primary zones, horizontal zone, conical zone, visual approach zones,
transition zones and Airport Critical Area. 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 Zone. A Primary Zone is hereby established as the area extending
equidistantly on either side the runway centerline with total width of 250 feet.
The Primary Zone extends 200 feet beyond each runway end.
(b) Horizontal Zone. A Horizontal Zone is hereby established as the area
within a perimeter established by swinging 5000 foot arcs from points 200 feet
beyond the existing runways' extended runway centerlines and then connecting
the arcs by lines tangent to those arcs. When an arc is encompassed by tangents
connecting two adjacent arcs, the arc encompassed must be disregarded in
delineating the perimeter of the horizontal surface.
(c) Conical Zone. A Conical Zone is hereby established as the area that
commences at the periphery of the Horizontal Zone and extends outward from
there a distance of 4000 feet. The Conical Zone does not include the Visual
Approach and Transition Zones.
(d) Visual Approach Zones. A Visual Approach Zone is hereby established at
each end of the visual runways. The areas enclosed by each trapezoidal shaped
Visual Approach Zone shall have a width of 250 feet at a distance of 200 feet
beyond each end of the runway, widening thereafter uniformly to a width of 1250
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.
(e) Transition Zones. Transition Zones are hereby established adjacent to
each Visual Approach Zone and symmetrically located on each side of the
Primary Zone. The widths are variable as shown on Sheet B, Airport Airspace
Zones.
(f) Airport Critical Area. The Airport Critical Area is hereby established as
an area encompassing the Primary Zone, a portion of the Visual approach Zones
and Transition Zones along an elevation line that is fifty feet above the airport
elevation.
(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 Zone.
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.
iii) Conical Zone. 150 feet above the airport elevation plus 1 foot in height for
each 20 feet of horizontal distance measured from and normal to the periphery of
the Horizontal Zone.
iv) Visual Approach Zones. For each runway end, the elevation of the threshold at
centerline plus 1 foot in height for each 20 feet measured perpendicularly away
from the end of the Primary Zone, extending 5,000 feet.
v) 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 1 foot in height
for each 7 feet away from the sides of the Primary Zone and from the sides of all
Visual Approach Zones.
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vi) Airport Critical Area. The area as called out on the attached Sheet B and B-1,
Airport Airspace Zones; consisting of an elevation line, on the 14CFR Part 77
surfaces, 50-foot above the airport elevation, on all approach and transition
surfaces.
(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 IB and B-1, Airport Airspace Zones as "Airport Critical, Area."
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:
(a) Airport Runway Protection Zones. Airport Runway Protection Zones are
hereby established as trapezoidal areas centered about the extended runway
centerline. Runway Protection Zones are sized based on aircraft expected to be
served and approach visibility minimums.
Using FAA Airport Design manual criteria (AC 150/5300-13A), KCA's Runway
13/31 is categorized as Aircraft Approach Category A & B, Design Group I with
visual approach visibility minimums. Each runway shall have Runway Protection
Zones that begin 200 feet beyond the threshold and have a width of 500 feet,
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.
(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, exclusive of the
airport Runway Protection Zones.
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(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)
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.
i) Permitted uses:
a) Aircraft runways, taxiways, ramps, parking areas and fuel storage
facilities.
b) Aircraft operational facilities including, but not limited to, instrument
landing systems, visual navigational aids, and related equipment;
communication facilities; weather service offices and equipment.
c) Hangars and buildings which may be used for the storage or
maintenance of aircraft; airport snow removal, sweeping and other
maintenance equipment, and other aviation -related or ancillary activities.
d) Terminal buildings, which may house offices of airline companies,
and other businesses and concessionaires.
c) 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) Flight 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.
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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.
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) Notwithstanding any other provision of this ordinance, no use may be
made of land within any zone established by this ordinance that creates an
electromagnetic effect, makes it difficult for operators or aircraft to distinguish
between airport lights and others, results in glare in the eyes of operators of
aircraft using the airport, impairs visibility in the vicinity of the airport, attracts
flocks of birds or otherwise endangers the landing, taking off, maneuvering, or
operating of aircraft.
2. Administrative Entities
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.
VA
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:
(a) within the Airport Critical Area and Airport Runway Protection Zones
(as called out on the attached Sheet B and B-1, 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 Conical Zone above 3,035.7 feet
(in the area of surface penetration 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
was on January 1, 2006, or than it is when the application for a permit is made.
No permit shall be granted that would allow the establishment or creation of
any use or structure, which does not comply with Montana State Air Pollution
Standards. Except as indicated, all applications for such a permit shall be
granted.
c. Appeals
(1) Denied Airport Construction Permits may be appealed within 15 days of
the decision rendered.
(2) Appeals, in the form of an application for variance, 'shall be heard by the
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;
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
development can be accommodated in navigable airspace without adverse
impact to the airport or aviation operations) but would do substantial justice
and be in accordance with the spirit of this section provided that:
(a) If such action is deemed advisable to effectuate the purpose of this
ordinance and be reasonable in the circumstances, any permit or variance
granted may be so conditioned as to require the owner of the structure or
tree in question to install, operate, and maintain thereon such markers and
lights as may be necessary to indicate to aircraft pilots the presence of an
obstruction in accordance with the standards of FAA Advisory Circular
Number 70/7460-1K, as it may be amended. Where such marking or
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'
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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
a. Nonconforming Uses.
(1) In the event that a nonconforming structure has been determined by the City
to be an Airport Obstruction, the City shall have the option, through the
statutory condemnation procedures set forth in MCA Title 70, chapter 30, to
require the removal or alteration of the nonconforming structure. Otherwise,
nothing 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 such adoption and was diligently pursued.
(2) Replacement. Whenever a nonconforming structure or tree has been
abandoned or has been torn down, physically deteriorated, decayed, damaged
or otherwise destroyed, to an extent of more than eighty percent (80%), 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
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
10
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
intended to notify potential property purchasers in the vicinity of the existence of the
airport, associated noise, and activities. These zones are intended to preserve the utility of
the airport and the public investment therein.
2. Airport Influence Notification Zones. In order to effectuate the intent and provisions
of this ordinance, there is hereby created and established the Airport Influence
Notification Zones. These zones are defined as shown on attached Sheet D, Airport
Influence Notification Zones. The minimum size by state statute is 10,000' from runway
ends and 1 mile either side of runway centerline (MCA 67-4-201). A real estate
disclosure statement, adhering to the form of the statement below, shall be provided to
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 (he/they) (haslhave)
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
Sworn to and subscribed before me at:
(Notary Public)
Date:
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SECTION 5. Ordinance No. 1579 is hereby repealed.
SECTION 6. This Ordinance shall become 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 OF
THE CITY OF KALISPELL THIS 20TH DAY OF OCTOBER, 2014.
Theresa White
City Clerk
Mark Johnson
Mayor
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