01/22/99 Memo re: Airport Height LimitationsMEMORANDUM
TO: GLEN NEIER
FROM: PJ SORENSEN
DATE: JANUARY 22,1999
RE: AIRPORT HEIGHT LIMITATIONS
I have reviewed Resolution 3306, which was passed by the City Council in 1980. The
Resolution designates the perimeter boundary of the airport for the purpose of directing the City
Building Official to issue or deny building permits in the enforcement of Title 67, Chapter 5,
MCA. Resolution 3306 is attached as Exhibit "A" and Title 67, Chapter 5, MCA, is attached as
Exhibit "B."
In regard to height limitations, See. 67-5-201, MCA, establishes a two mile zone
measured from the airport boundary. Within that two mile area are two types of zones: the
approach zones and the turning zones. The approach zone is an area 500 feet in width at the
boundary at both ends of the runway which extends two miles to a width of 2,500 feet. The
approach zone is centered on the runway centerline. In the approach zone, no object's height may
exceed 1/20 of its distance to the airport boundary. The turning zones are the areas between the
approach zones and the height of any object in the turning zones may not exceed 1/7 of its
distance to the airport boundary. The following is a general diagram not drawn to scale or
following our airport's specific boundaries, but is intended to provide a visual reference to explain
the zones under the statute:
- -4
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J
There are a number of problems with the Resolution. First, the use of the airport
boundary for reference regarding height limitations bears no rational relationship to the purpose of
height limitations. Height limits are necessary to provide pilots with a clear view of the runway
and help prevent accidental collisions with structures as planes take offor land. The airport
boundary is not the proper focus; the focus should be on the runway. The boundary could be
established miles away from the airport or only a few feet from the runway. A boundary can also
have an irregular shape (and Resolution 3306 does establish an irregular shape). Thus, buildings
located the same distance from the runway can be (and are) limited to different heights which vary
depending upon their specific location. For example, a building in Daley Field located 300 feet
from the runway will have a lower maximum height than a building in the Oretana Subdivision
(just south of Daley Field) located 300 feet from the runway.
The manner in which height limitations are determined under Resolution 3306 also bears
no rational relationship to the purpose of the limitations. Sec. 67-1-101(25), MCA, defines height
of buildings and structures to be the "vertical distance measured from the ground or surface level
of the airport or landing field on the side adjacent to the building or structure to the level of the
highest point of the building or structure." The ground level of the airport at the nearest airport
boundary to a building may be much higher or lower than the runway. Theoretically, if the
ground elevation slopes downward from the runway to the boundary, a building could be
prohibited even if the top of the building would be at a lower elevation than the runway.
Conversely, if the ground elevation slopes upward from the runway to the boundary, the same
building may not be prohibited even though it may tower over the runway.
x �
Prohibited Allowed
In addition, FRDO has indicated that Sec. 67-5-201, MCA, has been criticized due to
enforceability problems and its obsolescence. Also, a number of individuals have expressed
concern (including at least one City -County Planning Board member) about the fact that the
height limitations are contained in a resolution as opposed to an ordinance. In my opinion, the
difference is inconsequential. Resolution 3306 directs the building official to issue or deny
building permits based on height restrictions contained in a state statute. It appears that a
resolution was adopted to provide for the enforcement of the current version of the statute rather
than adopting an ordinance which would have to be modified each time the statute is modified.
Nevertheless, the problems generated by Resolution 3306 should be corrected by
replacing it with an updated ordinance which rationally serves the purpose of height restrictions.
RESOLUTION NO. 3306 -
A RESOLUTION TO DEFINE AND ESTABLISH THE PERIMETER BOUNDARY OF THE
LANDING FIELD OF THE KALISPELL CITY AIRPORT.
WITNESSETH:
WHEREAS, the City of Kalispell has owned the Kalispell City
Airport for many years and the perimeter boundary of the landing
field portion thereof has never been defined or established as dis-
tinguished from the actual boundary of said Airport as a tract of
land owned by the City of Kalispell; and
WHEREAS, until recently the height of buildings and other
structures in the vicinity of the said City Airport has not required
regulation to promote the public order, health and safety; but,
with increased building in the vicinity of said Airport, it does now
appear reasonable and proper that the City should define and estab-
lish the perimeter boundary of the landing field portion of said
City Airport due to the irregular boundaries and div'ergent uses of
the whole of said City Airport property; and
WHEREAS, it will be of benefit to builders to know or be able
to ascertain the perimeter boundary of such landing field with cer-
tainty and, further, enable the City to enforce the Montana Airport
Hazard Regulations with certainty and equity if the perimeter of
said landing field is established and defined;
NOW THEREFORE, BE IT RESOLVED that pursuant to Sec. #67-5-201(3)1.
M.C.A., the following is hereby established and defined as the per-
imeter boundary of the Kalispell City Airport landing field as dis-
tinguished from the actual boundary of the Kalispell City Airport
property as a whole:
(See Exhibit "A" attached hereto
and made a part hereof)
BE IT FURTHER RESOLVED that a scale drawing of said established
perimeter shall be prepared and made available for public inspection
in the office of the City Building Department showing references and
distances to established roads and other landmarks in the vicinity
of the Kalispell City Airport. The City Building official shall use
such scale drawing for reference purposes in issuing or denying build-
ing permits in the enforcement of Title 67, Chapter 5, Montana Code
Annotated.
PASSED AND APPROVED BY THE YOR AND CITY COUNCIL OF THE CITY OF
KALISPELL, THIS g'tk DAY OF 1980.
Norma E. Happ, Mayor
ATTEST:
Marjor' G�ierman�n,Cf`tyCf`erk
EXHIBIT "A"
KALISPELL AIRPORT LANDING FIELD PERIMETER BOUNDARY
The perimeter boundary of the Kalispell Airport Landing Field, located in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana, is defined as follows:
Beginning at the Northwest corner of Lot 1-A, as shown on the resubdivision
plat of Lot 1, Block 1, Airport Addition to Kalispell, Montana, a plat of
record on file in the Clerk $ Recorder's Office of Flathead County, Montana;
thence Southwesterly on a continuation of the common boundary line between
Lot 1 and Lot 1-A of the resubdivision of Lot 1, Block 1, Airport Addition,
89.00 feet to the true point of beginning, the true point of beginning being
the Northeast corner of the Kalispell Airport Landing Field; thence continu-
ing on the same Southwesterly course 400.00 feet to the Northwest corner of
the Kalispell Airport Landing Field; thence Southeasterly parallel to the
Westerly R/W of U.S. Highway No. 93, approximately 2,285 feet to a point on
the East West mid -section line between the C 1/4 corner and the CW 1/16 corner;
thence Easterly along the East West mid -section line approximately 178.51 feet
to the Northwest corner of the tract of land described in Book 479, page 256
Records of Flathead County, Montana; thence Southeasterly on and along the
Westerly boundary of the tract of land described in Book 479, page 256,
1,520.02 feet to the Southwest corner of the Kalispell Airport Landing Field;
thence Easterly on and along the Southerly boundary of the tract of land de-
scribed in Book 479, page 256, 239.65 feet to the Southeast corner of the
Kalispell Airport Landing Field; thence Northwesterly on and along the Easterly
boundary of the tract of land described in Book 479, page 256, 1,520.02 feet
to the Northeast corner of said tract, thence continuing on the same North-
westerly course approximately 104.98 feet to the Northwest corner of Tract 1,
as shown on Certificate of Survey No. 3981; thence Northeasterly on and along
the Northerly boundary of Tract 1, as shown on Certificate of Survey No. 3981,
51.00 feet to a point; thence Northwesterly parallel to the Westerly R/W of
U.S. Highway No. 93, approximately 1,545 feet to a point on the Southerly
boundary of the tract of land described in Book 507, page 116 Records of
Flathead County, Montana; said tract of land being the Strand Aviation prop-
erty; thence Southwesterly on and along the Southerly boundary of the Strand
Aviation property, 51.00 feet to the Southwest corner of the Strand Aviation
property; thence Northwesterly on and along the Westerly boundary of the Strand
Aviation property, 560.00 feet to the Northwest corner of the Strand Aviation
property; thence Northeasterly on and along the Northerly boundary of the
Strand Aviation property, 51.00 feet to a point; thence Northwesterly parallel
to the Westerly R/W of U.S. Highway No. 93, 310.00 feet to the Northeast corner
of the Kalispell Airport Landing Field, and the true point of beginning.
EXHIBIT "A" CONTINUED
kalispell airport landing
field perimeter boundary
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