2006/04/03 Ordinance 1573 - Airport Affected Area - 1st ReadingCity of Kalispell
Charles A. Harball office of City Attorney
City Attomey 312First Avenue East
P.O. Box 1997
Kalispell., MT 99 --1997
o0-
FROM:
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
an.. Kalispell. City Council
Charles Harall, City Attorney
James H. Patrick, City Manager
Tel40&759.7709
Fax .758. )
charball@kalispell.com
Ordinance No. 1573 Airport Affected Area Ordinance
Monday, April , 2006 — Regular Meeting
BACKGROUND: Council is being presented with ordinance No. 1573 for its
consideration on first reading. The ordinance is prompted by the new Airport Com atibi ty
Act passed by the state legislature this past session. The lave is attached for Co .ci 's
perusal. A. question was raised at the work session regarding the power of the City to
condemn property for the purpose of protecting the airport affected. area and those living
within that area, The Act clearly contemplates the tool of condemnation to be used for this
purpose.
The primary concern of the FAA regarding the future development of the Kalispell
City Airport has been the existence of the KGEZ radio towers. Although the ordinance
would give the City the authority to initiate a co denination action on the towers it is not
compelled to do so, nor is it limited to simply condemning the property upon which the
towers exist or the radio business that relies upon the towers. Those choices may cost more
than. the City is willing to invest in the airport. The City may, however, wish to investigate
other more cost effective posslbilities that do not hinder the radio business In any way but
eradicates the towers as a hazard to air traffic. Those choices are not available to the City
without a poorer to condemn.
RECOMMENDATION: That Council consider and pass ordinance No. 1573.
FISCAL EFFECTS: The fiscal effects `ects of this ordinance are dependant upon the actions
that Council takes utilizing the ordinance.
Respectfully s rp4tt �NH�:,
Charles Hma. l/City Attorney Jdes H. Patrick, City Manager
CITY OF KALISPELL
�Department
P.O. Box 17
Kalispell, Montana 59903
TO: Kalispell City Mayor
Kalispell City Council
FM: Kalispell City Manager
Kalispell City Airport Manager
RE: AIRPORT AFFECTED AREA ORDINANCE
ACKGLTND:
Ding the 2005 State legislative session Title 67, Chapter 7, M.C.A. was rewritten to
correct the ongoing problems and fi-ust atio s of local governments trjing to adopt local
airport protection measures. The old laws were contained w tbi . three sections of the
Montana Code M* tten in 193 9, 1947 and 1977.
Title 67, known as the "Airport Compatibility Aef 'requires all NPI.S airports to
develop a protective area around their airport witl . one year from the passage of the act.
This area, which is referred to as are "Airport Affected AreaC` (AAA), must extend out a
r inimwn of l 0,000 feet from the thresholds of each end of the runway and l mile wide
on each side. Once an AAA is established., a person may not recover damages ftom the
airport sponsor caused by noise, des, Vibrations, light or any other effects from normal
and/or anti l ated airport operations. In the ease o joint jurischetion around are airport,
the joint owners will form a joint board to formulate the necessary regulations for the
pose of establishing regulations for the administration of the AAA.
This ordinance has two primary poses, to provide long terra protection for the airspace
around. the Kalispell City Airport and to provide a vehicle to notice new property owners
at the time of closing on the purchase of real estate wit .i the AAA that they indeed are
in are area influenced by the airport.
DOCUMENTS:
Proposed Ordinance
Interloeal Agreement
Map A — Area Affected by the AAA
Map B — Airport .Airspace Zones
Map B I — wort Airspace
Map C — Abort Land use Zones
Map D — Airport Influence Notification Zone (Real Estate Disclosure Statements
ORDINANCE No. 1573
AN ORDINANCE ESTABLISHING REGULATIONS IN THE KALISPELL CITY
AIRPORT AFFECTED AREA. TO PROVIDE AIRSPACE PROTECTION AND LAND
USE COMPATIBILITY WITHAIRPORT OPERATIONS AT THE KALISPE .rL CITY
AIRPORT AND DECLARING AN EFFECTIVE DATED
BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I TITLE. This section shall he known as the Kalispell City Airport (KCA) Affected
Area Ordinance.
SECTION 11 PURPOSE AND INTENT. The purpose of this ordinance is to provide both
airspace protection and lard use compatibility with airport operations at the
Kalispell City Airport. This ordinance, through esta fis me t of airport zones
and corresponding regulations, provides for independent review of development
proposals in order to promote the public interest m safety, health, and general
welfare in the Flathead County. Therefore, the Gigs 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 noise impacted. areas
and runway protection zones. There is hereby adopted and established the official
airport affected area ordinance pursuant to the authority conferred on the City or
Kalispell and Flathead County, Montana, na, consistent with Title 67, Montana Code
Annotated.
SECTION 111. DEF,[NITIONS. For the purposes of this ordinance, the following de inItio. s 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 (NIAVD 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 1
C FR parts 7 1.21, 7 7.23, 7 7.2 5. 7 7.2 8, and 7 7.2 9 and which obstructs the airspa e
required for flight of aircraft in tad.ing 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.
ELECTROMAGNETTC EFFECT. Any interference or impediment to the
transmission or quality of navi atio or communication signals to or from aircraft,
ORDINANCE o. 1.573 Page 1 of 12
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 helght 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 NAVI unless otherwise
specified.
NONCONFORMING USE. Any strucrure., tree, natural growth or use of land,
hick is inconsistent with the provisions of this ordinance or amendment thereto.
N NPRECISf N fNST .I MENT (NPI) RUNWAY. A runway having or
planned to have an authorized instrument approach procedure without vertical
path guidance. Runway 1 31 is designated to ultimately become a'NP1 runway
for KCA.
VISUAL RUNWAY. A runway without an existing or planned authorized
I
nstrument approach procedure. At KCA, Runway 13 31 is designated as a visual
runway.
RUNWAY. The defined and prepared surfaces of an airport, suftable for landing
or taping off airplanes and sanctioned by the Federal Aviation Administration for
public -use. KCA currently has one paved runway designated as Runway 13 1.
STRUCTURE. An obi ect 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
larding.
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.
SECTION IV, A. RTZ NS. 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-0,
Airport Land Use Zones (fee Sheet C), and
Airport Influence Notification Zones (See Sheet D)
ORDINANCE No. 1573 Page
The boundaries d.aries of these zones shall he established by this ordinance and included
in the official City/County zoning maps. All development applications for lard
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 he
affected by the zone regulations.
A. ,,Airport .Airspace zones, Airport Land Use zones, and Regulations
1. Establishment
a. Airport .Airspace Zones See Sheet B
(1) Intent. These zones are intended to prevent the creation or establishment o
airport hazards by regulating and restricting the height of structures and objects o
natural growth in the vicinity of KC A.
(2) zones. Certain zones are established which include all of the laid lying within
the primary zones, horizontal zone, conical zone, precision instrument approach
zones, noupreeision instrument (NPI) approach zones, visual approach zones,
transition zones and critical area. Where both an existing and future threshold are
planed for a runway, the approach zones will cor sIsts of the area enclosed by
trapezoids for each threshold plus the lines connecting corresponding outboard
corers of the two trapezoids. Such areas and zones are shown on attached Sheet
, 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 dese bed asfollows:
(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 NPR, 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,)
(b) Horizontal l Zone. A horizontal zone is hereby established as the area within
a perimeter established by swinging arcs from points Zoo feet beyond the existing
or planned ends of the runways on the extended runway centerline, then
connecting the adjacent arcs by lines tangent to those arcs. When an arc is
encompassed by tangents connecting two adjacent arcs, the are encompassed must
he disregarded in delineating the perimeter of the horizontal surface. The radius o
each arc is:
i) For nonprecision instrument -runways, 10,000 feet.
The horizontal zone does not include the primary, approach., and transition zones.
ORDINANCE NO, 1573 Page 3 of 1
(c) Conical Zone. A conical zone is hereby established as the area that
commences .ces at the periphery of the or' o tal zone and extends outward vard there
from a distance of 4000 feet. The conical zone does not include the approach and
transition zones.
(d) NoDprec sion Instrument t Approach Zones (less than or equal to 3 mile
approach visibility minimums). A no precis on instrument (NPI) approach zone
s established at each end of nonpreci.sio instrument (NI) r x vays. Each NP
approach zone shall have a width of 1000 feet at a distance of Zoo feet beyond
each end of the runway, widening thereafter uniformly to a width of 4000 feet at a
distance of .10,200 feet beyond each end of the runway with its centerline being
the continuation of the centerline of the runway. A NPI run ay designation, with
less than / mile approach visibility minimums, may ultimately be established for
KCA Runway 1.
(e) visual Approach Zones. A. visual approach zone is established at e cb end o
the visual runways. Each visual approach zone snail have a width of Soo feet at
distance of Zoo feet beyond each end of the runway, widening thereafter
. orm y to a width of 1500 feet at a distance of 5200 feet beyond each end o
the runway with its center lire being the continuation of the center line of the
runway. .At KCA, Runway 1 1 is designated as a visual runway.
(f) Transition Zones. Transition zones are hereby established adjacent to each
approach zone and symmetrically located on each s1de 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 airport size and
approach zones.
(3) Height Restrictions
(a) Height Limitations. Except as otherwise provided in this ordinance, n
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 reed to be located in this area because of their fanction shall be
constructed at the lowest practical height.
ii Horizontal Zone. 150 Feet above the airport elevation.
ORDINANCE No, 1573 Page 4 of 1
�) Conical zone. 150 feet above the airport elevation plus 1 foot in height for
each 20 feet of horizontal distance measured from and norm.al to the periphery of
the horizontal zone.
iv) Nonprecision Instrument approach zones. For each runway end, the
elevation of the threshold centerline plus I root in height for each 34 feet
measured perpendicularly from the end of the primary zone, extending 10,00
feet,
v) visual Approach Zones. For each runway end, the elevation of the threshold
centerline plus 1 foot in height for each 20 feet measured perpendicularly from
n
the end of the primary zone, extending 5,000 feet.
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.
vil. Airport Critical Area. The area as called out on the attached Sheet B, Airport
Airspace zones, consisting of a 0-Moot elevation line, above the airport elevation,
n 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.
11) up to fifty o) feet above the surface of the land except the area delineated
n Sheet B, Airport Airspace Zones as "Airport Critical Area.""
, 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 o f land in its vicinity by restricting "places of public ass emby'
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 Lard 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
ORDINANCE N. t573 Page 5 of 1
centerline. Where both an existing and fat re threshold are planned for a runway,
the runway protection zone will consist of the area enclosed by trapezoids for
each planned threshold plus the lines connecting corresponding outboard corners
of the two trapezoids. Runway Protection Zones are sized based on aircraft
expected to be served and approach visibility minimums for the ultimate
conditions.
1 visual and Not Lower Than l mile approach visibility minimums (Approach
Aircraft A & B Only). A runway prot.eetion zone is established at each end o
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 700feet 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 1 3 l 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 it also encompassed by
Municipal Airport Zone)
ii Conditional uses:
a Roadways, automobile parking areas, and railroads that satisfy height
restrictions.
111Prohibited uses;
a Residences.
b) Educational centers (including all types of primary and secondary
schools, pre-schools, child care facilities),
e Hospitals, medical inpatient treatment facilities, nurs]ng/convalescent
home facilities.
d Places of worship.
e Places of public assembly not previously listed.
f) Fuel handling and storage facilities.
(b) Municipal Airport Zane/Airport Property.
Permitted uses
a Aircraft runways, taxiways, ramps, parking areas and fuel storage
facilities.
ORDINANCE No. 1573Page 6 of 12
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.
e Offices and facilities for airport management, e. t, 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 ation 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 ency and firefighting services.
1 Aircraft maintenance, ce, anufact ring, and testing facilities.
Offices and facilities of Federal, State and local govemment entities.
11 Conditional Cases. The following uses are conditional uses in this zone
and are subject to the restrictions of Section 4.A, La , Use Restrictions, and
the permit requirements of Section 4.A.. , of this ordinance.
a Fight 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 govemmental agencies.
.l Municipal water storage tanks or towers.
l Businesses not located in the terminal building, and those uses, which
are sanctioned by the Airport Board", but have not been heretofore
mentioned.
l Under unique., extenuating circumstances, a temporary use, For - p to one
year, that complies with Uniform Building and Fire Codes.
11. 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 o
aircraft using the airport, impairs visibility in the vicinity of the airport, attracts
ORDINANCE NO. 1573 Page 7 of 1
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 o
administering the permitting process for the City/County.
h. City of Kalispell Board of Adj stment
(1) Pto 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 he required to pass.
(c) To hear and decide specific variances.
. Administrative Procedures
a. Procedures for Obtaining an Airport Construction Permit.
(1) Construction of any building, structure or abject within the Airport
Zoning District that is:
(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.
. Criteria for Granting Pennits.
(1) emits will not be granted for buildings, structures or objects that violate
any Airport Airspace Zones or Lard Use Zones requirements.
(2) No permit shall be granted that would allow the establishment or creation
of an airport hazard or permit a noneononning 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 a low the establishment or creation o
any use or structure, vhieh does not comply with Montana State Air Pollution
Standards. Except as indicated, all applications for such a permit shall he
granted.
ORDINANCE NO. 1573Page 8 of 1.
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 beard 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 are Airport obstruction Variance.
(a) Any person desiring to erect or increase the height of any structure, or
to penult 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 oft e notice of proposed construction form submitted to the
FAA:
ii A final Determination issued by the FA.A. based on its review of the
Notice of Proposed Construction submitted in accordance with.
14 CFR Part ;
iii A. valid aeronautical evaluation (nay 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 shoving that the MAD
comment time frame has been exceeded.
(2) Criter'a 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 C R 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
ORDINANCE NO. 1573 Page 9 of 1
obstruction in accordance with the standards of FAA Advisory Circular
Number o - 1 K. as it may be amended. Where such narking 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:
1) .e nature of the terrain and height of existing structures.
11) Public and private interests and investments.
ill) 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.
v 1 The safety of persons on the ground and 1n the air.
vile) 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'
comprehensive plans, and all other known proposed structures in the
area.
xi FAA determinations and results o aeronautical studies conducted
y or for the FAA.
x1i 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.
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 fifty percent 50% of its
ORDINANCE NO. 1573Page 10.
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 le .ei t limitation or otherwise deviating from the provisions of this
ordinance,, and no permit allowing the sane 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 natter, the more
stringent or restrictive limitation or requirement shall govern.
c, Penalty -- injunction. Each violation of this ordinance or of any regulations,
orders, r rulings promulgated or made pursuant t th' s ordinance shall constitute
a misdemeanor and shall be punishable by a fine of not more than $Soo or
imprisonment for not more than months or y both such one and �prison�nent,
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 o this ordinance or o airport
zoning ordinances adopted under this ordnance or o any order r ling made �
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
. 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 nteract on
between aviation activities associated with KCA and the surrounding community. unity. t 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 ut'l'ty 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 Notifie ation Zones. The maximum size by state statute is 1 o,000" from runway
ends and I mile either side of runway centerline (MCA - - o . 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 "itapproach" included for a property that l'es in whole or part v*in
ORDINANCE NO. 1573 Page 11 of 1
the designated Airport Influence Notification Zone -Approach. The seller or closing agent
.all obtain the buyers' signature upon the following certification at closing:
"The tract of land situated at M in Flathead County, Montana,
consisting of approximately acres, which is being conveyed from
o lies within Kalispell City Airport .influence Area or Approach) and
as such, may be subjected to noise, vibration, ehemicals, odors, hours of operation, and
other associated activities.
CER TIFICAON
The undersigned purchaser(s) of said tract of land certif ies that he h y) (has ha e
read and n derstanc s the above disclosure s a temen t and acknowledges) the, pre-
existence of the above named airport, as well as the noise and activities associated with
the operation of said air, orL
..............
Seller
'worn to and subscribed bcfore rye at:
(Notary Public)
Date. -
Buyer
SECTION V. This Ordinance shall be effective thirty days from and after the date of it
final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 3 D DAY OF APRI , 2006.
ATTEST:
Theresa White
City Clerk
ORDINANCE No. 1573 Page 12 of 1
Pamela B. Kennedy
Mayor
INTERLOCAL AGREEMENT
CrrY OF KALISPELL
FLAAD COUNTY, MONTANA'
for
THE CITY OF KALISPELL AIRPORT AFFECTED AREA
WHEREAS, Title 7. Chapter 11, Pam 1, M.C.A., known as the ` lnterloca
Cooperation Act,"" per is , o emmental its to make the most efficient use of their
powers by enabling them to cooperate with other local govemmental its on a basis o
mutual advantage and thereby to provide services and facilities in a manner and pursuant
to -forms of govemmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local
corrununites; and
WIREAS, said Act provides that an interlocal agreement may be authorized
and awed by the governing body of each park to said contract; and
WHEREAS, Title 67 Chapter 7, M.C.A., known as the "'wort Compatibility
A ef" has, as its pose, to promote the public health, safety,. and general welfare by the
delineation o an �crt affected area and by the development of compatible noise,
height and I and use regulations to - control airport hazards; and
WHEREAS, S, the .Airport Compatibility Act contemplates that the affected area of
an airport, such as the Kalispell City wort, encompasses propel Witte the
junsdiction of more than one local govemment entity; and
WHEREAS, the Airport Compatibility Act authorizes a Joint airport affected area
relation board that may adopt, administer, and force airport affected area regulations
as provided by MCA --20 , subject to the provisions of MCA - -2o ; and
WHEREAS, it is in the hest interests of the City of Kalispell and Flathead
County, as well as the citizens of both local juHsdictions, that these local governments
eater into this interlocal agreement to provide for the most efficient and effective
development and enforcement of the abort affected area regulations.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City o
Kalispell and the Commission of the County of Flathead, State of Montana, each a local
o went agency of the State of Montana, that:
meant to MCA 7-11-104, the City of Kalispell and Flathead County �eei�ttiss
to t i mutual advantage to adopt this lnterlocal agreement as o to rs: �.
4
ON
2
COMMISSIONERS
OFFICE
IN]RLAL AGREEMENT
CITY of KALISPELL AERPORT AFFECTED AREA � •� }.
Section ; Recitals
The City o Kalispell i a municipality of the State of Montana located within
Flathead County and organiLzed pant to Title 7 Chapter 3 Part 43. The City owns,
maintains and manages the Kalispell City wort, which is a N?1AS General Aviation
airport. The City of Kalispell, as a municipality, has statutory authority to place onm*
designations and land use relations upon real property located within its city limits
Flathead County is a duly formed County go emme t of the State of Montana
created by the ator'ty of the Montana State Legislature. Flathead County possesses the
statutory author"ty to place zornffig designations and land use regulations upon real
property located within the county and outside of city jinisdictions.
The proposed airport affected area of the Kalispell City Airport is located Within
both the City of Kalispell and Flathead County junsdictions. Pursuant to MCA � -2o21,
Flathead County may provide members to -the Abort Affected Area Relation Board
and defer tothe zoning regulations proposed by that hoard and enacted by the City.
Section : Pu ose
t is. the pose of this Agreement to provide. for are 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 LandUse Controls
3.01. No separate legal entity is established by the l terlocal Agreement.
.02. The City and the County agree to work cooperatively to provide and implement
reasonable cog regulations for the abort affected area of the Kalispell City
.Art.
.03. pursuant to MCA ' - -2o2, 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 zonffig
regulations for the entire airport affected area including that land in the City o
Kalispell, as well as that land in Flathead Counter and outside the City o
Kalispell. The proposed zer ng 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 hean'ng. All properties affected by the proposed zoning
INTERLOCAL AGREEMENT
CITY of KALISPELL AIRPORT T AFFECTED AREA gage - 2 of 4
regulations shall receive the statutory mail oti-fieat o of the proposed regulations
as well as the date and e of the public hag*
3.06. Following public hag the City of Kas e 'la g Board shall pass its
recommendations on to the Kalispell City Council along with the mutes of the
public h an*ng. Based upon the evidence provided, the Kalispell City Council
shall consider and .etemn*a the zoning ordinance for the Kalispell City Abort
Affected Area. The Flathead County Commission, by this agreement, ratifies the
detennination of the Kalispell City Council.
Section ; Termination or Chi s
4.01. This Agreement shall become effective upon approval by the Council of the City
of Kalispell and the County C nunission of Flathead County. This Agreement
shall remain Ul force and effect as stated unless tenninated according to the
provisions of this Section.
.02. This agreement may be changed with additions and/or deletions upon mutual
wntten consent of the parties hereto.
Section 5: Term of, eement
ems- Agreement will' he -effective from signaw re date by both parties and will be
effective for a pen*od of 30 years.
IN WMESS W REOF, the local go gents have caused this i spent to he
duly executed by their proper officers as follows:
CITY of KALISPELL
,.,APPROVED BY T COUNCIL of THE CITY of KALISPELL on
the ? day of January, 2006, autho . g the Mayor to execute the Interlocal Agreement,
ATTEST:
Theresa ate
City Clerk
RAT
* �w
e4k; AA-1
� r r`• ++rtweM• }s�� � S
Y:
amela B. K edy
Mayor
INTERLoAL AGREEMENT
CITY OF KALISPELIL AIRPORT AFFECTED AREA
Page � of 4
County of Flathead, State of Montana
APPROVED BY T COUNTY COMMISSION OF FLATHEAD
COUNTY, STATE of MONTANA on the day of January, 2006.
�NTH�
fI CLERK 2�1g�
•'WyULI * i
� � rt
rr ;
RECORDER
sOX
*ice♦'M0*4$•
Paula R s n, of
NO
mar
5 `
k
fiber e, Deputy
County of Flathead
ss:
State of Montana
-115
Bob Wa Chairman
-Af I
C0nu , # �`
Gary H a I
Comnussioner
rrnm
Bra an'"w
msie
N THISday o Janes, 2 , before me the undersigned, a Notary Public for the State o Montana, personally
appeared Pamela B. Kennedy., Mayor of the City of Kalispell, Montana, and Theresa White, Clerk City of Kalispell,
Fontana, known to me to be the persons whose names are subscribed to the within inmment and acknowledged to me that
they executed the same,
'ted Name; Jodi A. Funk
(NoTjkRX-'RM,#: Notary Public for the Mate of Montana
.,
kr Residing at: Kars ell
My Commission Expires: February 25, 2008
SEAL
ok
County of
,,� r`
Mate of M otaa " ;
ON THIS 30 day of January, 2, before one the undersigned, a Notary Public for the State of Mona, personally
appeared Bob Watne, Chairman, Gary Hall, Member and Joe Brenneman, Member, Flathead County Board o
Commissioners, Kalispell, Montana, and Kimberly Moser, Clerk Flathead County Board of Commissioners, Kalispell,
Montana, known to me to be the persons whose narnes are subscribed to the within instrument and acknowledged to nee that
they execrated the same.
(NOTARY SEALS
-.;
INTERLOCAL
.
'1= s'�. r,.,
CITY � S PEik AFFECTED ARE.
t
rir�ted Name: D(effiie I.. Bore on
14-6tary Public for the State of Montana
Residing at; Kalispell
My Commission Expires: July 16, 2009
-Page
City of Kalispell
Planning Department
2 Street EastSuite 211, Kalispell, Montana 59901
Telephone: (406) 751
Fax: (406) 751-1858
W : ka s l annMg. om
Marc. 23, 2006
James r . Patrick, city Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Kalispell City Airport Affected Area. Ordinance
Dear Jim:
The Kalispell City Planning Board met on March 14, 2006, and held a public
hean*ng to consider a request by the Kalispell City Airport Affected Area Board
on behalf of the City of Kalispell and the Flathead county Commissioners to
adopt a set of regulations entitled the Kalispell City Airport Affected Area
Ordinance. The purpose of the ordinance is to protect the airspace around the
city airport (10,000 feet from either end of the runway and one mile wide on
each side) by regulating the height of structures and objects of natural growth
in this area. By war of example, on those lands outside ofthe city owned
airport property, the p6mary str ct .res of height concern will be towers (cell
towers, elevated grater tourers, TV and radio transmission towers) which tend to
impact air travel corridors. The ordinance is also intended to serge notice to
the general public that an airport is operating within this zone and upon
adoption all sales of read property within the airport affected area shall be
accompanied with notice to the buyer of the incidence of noise, fumes,
vibration, light and other effects from norma.l and anticipated airport
operations.
Airport Manager Fred lestiko presented a staff report discussing both the
proposed ordinance and the process the board has gone through to this point
including the adoption of an inter -local agreement with Flathead County
authorizing the city to adopt this ordinance on their behalL No comment was
received at the public hearing.
Airport Affected Area ordinance
March 231, 2006
Page
The board discussed the proposal and the potential related impacts. It was
noted l that this ordinance was both important for the future viability of the
airport and a necessary component t for future funding of the airport. A motion
was made to recommend approval of the proposed Airport Affected Area
Ordinance. The motion passed on a unanimous vote.
Please schedule this ratter for the April 3, 2006, regular Kalispell City Council
meeting. You may contact this boar. or Fred lestiko, Airport Manager er if you
have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Timothy No
Vice president
TN/TJ/ma
Attachments: Draft Ordinance & rr ate a .s
Draft minutes 3/14/06 planning board meeting
e w Att: Theresa White, Kalispell City Clerk
Fred Lestiko, City Airport Manager
Cqp
ity of Kalispell
Planning Department
V SM�et Eas� She 2 1., KahspelL Montana 59901
Telephone: (406) 751-1850
.fax: o 1 -8 5 8
Wit: kasllanni. o
MEMORANDUM
TO: KALISPELL PLANING BOARD
FROM: TOM JENTZI DIRECTOR
OR
RE: AIRPORT AFFECTED AREA ZONE
K�� Airport Manager Fred stiko has been worms with city and county staffs and
officials for over a year to big this overlay ordinance to you. The abort overlay zone as
proposed for the Kalispell Catty wort is required the Federal Aviation Administration.
t has two prfinary proses, to provide long term protection for the airspace around. the
Kalispell au*port and to prwn'de a vehicle to notice new property owners at the time o
closing on the purchase of real estate within the abort area influence area that they M.dcl
are m are area influenced y the airport.
Fred will be in attendance at the Marc. 14, Blaming Board meetmg to more ffiUy 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, raps of to proposed area of impact
and, a copy of the Miter -local agreement between Kalispell and. Flathead. County authorizing
the City of Kalispell to take the lead in adopdmg this ordinance.
LETTERS/AIRPORT ZONING LTR TO PB
-K—A—LISPELL CITY AIRPORT
AFFECTED AREA BOARD
P. 0. BOX 1997
KALS EL , MON T ANA 59903
TO: spell City P Board
FM. Kdisef .City Abort Affected area Board
SUBJECT: Regulations for the spell City Airport Affected Area
BACKGROUND:.
During the last legislative session a new law was emoted to correct the ongoing problems
and fiustrations of local govem aents trying to adopt local airport protection. The old
laws were contained within three sections -of-Montana Code that = were Witten -in 1939,
1-947 and 1977. -One of the problems- was that these three sections. of law were not very ..
coatible and contain�y out of. ate references regard action. and event
problems facing air'ports such as the proliferation of cell towers,. developmental
encroachment upon airports and federal- and state fmding requirements. Those local
govemments that control a NPUS (National Program of Integrated Abort .systems) .
abort 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 " .,�rt Comsat b kY Act"' re veres all N'IAS
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 a "wort Affected ArezC'
AAA , must be 10,000 2 from the thresholds of each runway and mile wide on 'each. side.
Once an AAA is established, a person may not recover es from the airport sponsor
y
caused b noise, ems,. vibrations, light or any other effects from. normal and anticipated
airport operations* The law also meows of owners of the airport, and or lands
snrro��g an airport, to work together in a structured way to create the AAA. In the
case ofloint ownership around the airport, the Jost owners will form a joint board to
formulate the necessary. regulations for the pose of establishing regulations for the
administration of the AAA.
AIRPORT AFFECTED AREABOARD:
An wort Affected Area Board was formed by the City of Kalispefl and the Flathead
cow Commissioners in May of 2005. The AAA Board had sever meetings to discuss
adoption des to govem the spell City wort A.A. The proposed set of des are
presented e the Kafispefl City Phimiing Board for your won in accordance with the
terms Agreement between the City of KaILeU and Flathead County wed Jammry 30,
2006 and fed wiffi- the Secretes of State, the Flathead County Clerk and Recorders
office, and the City of KaUspeff Clerk and Rewders office.
Follow your Public haTin& you will pass your recommendations on to the KahspeU
City Council alyng. vdffi the . mutes. of to public ham. The Kgispell City Council shall
consider and determine the proposed ordinance for to spell City Airport Affected .
Axe
DOCUNffiNTS:
Proposed Ordinance
Interlocal Agreement
Map A - wort Zoe; Diet (Shadowed area)
Map B _ Airport Airspace Zones (Breaks dam the area)
Map B-I wort space(Critical Zone).
Map C .. Airport Land use Zones (Airport Property)
Map D - wort M e ee Notification Zone (Real estate Disc.lo sure Statements)
Res eatfiffly submitted:
Fred A., Leis ik* Chairman
KalispeU City wort Affected Area Board
6 th Legislature S136266.6
SENATE BILL NO. 255
2 INTRODUCED BY GEBHAI DTF A. OLSON, WELLS
3
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE AIRPORT COMPATIBILITY ACT; DEFINING
6 'CAII P I TA F E TED AI EA'1; REQUIRING A GOVERNING BODY TO -DESIGNATE AN AIRPORT AFFECTED
6 AREA FOR CERTAIN AIRPORTS AND REQUIRING REGULATIONS TO BE CONCURRENTLY ADOPTED;
7 REQUIRING MAPS AND LEGAL DESCRIPTIONS OF THE AIRPORT T AFFECTED AREA; REQUIRING A
PUBLIC HEARING BEFORE E DESIGNATION OF AN AIRPORT AFEC EDAI AREA; ALLOWING CREATION F
A JOINT REGULATION BOARD; ESTABLISHING CERTAIN MINIMUM REQUIREMENTS EMENTS FOR AIRPORT
T
6 AFFECTED AREA I EG LATI NS AI D ESTABLISHING A PROCEDURE FOR DEVELOPING ORAMENDING
1 THE REGULATIONS- PROVIDING IDING FOR PRIOR NONCONFORMING USES IN AN AIRPORT AFFECTED
12 AREA; PROVIDING FOR ACQUISITION OF PROPERTY DIVIDER CERTAIN CIRCUMSTANCES- ALLOWING
13 REGULATIONS TO BE PART OF ZONING ORDINANCES; REQUIRING UII ING A PERMIT SYSTEM; REQUIRING
14 THE REGULATIONS TO PROVIDE FOR ENFORCEMENT; T; ESTABLISHING AN APPEALS PROCESS;
16 PROVIDING FORAVARIANCE FROM THE REGULATIONS; NS; PROVIDING PENALTIES AND REMEDIES FOR
16 VIOLATION OF THE ACT OR REGULATIONS; AMENDING SECTIONS 7-1-1, 67-1-16, 67-6 625
17 67-16- 2, 67- 6- , V '-- -1 -9 , -11 "-'I , -1 'I - 'I , -11-2 1, AIDD --1 x MCA;
16 REPEALING SECTIONS 67- - 6 , -1022 --- , 6 7-4-202, 6 7- -203 67-4-204 , 6 7-4-211, 6 7-4-301 f
19 67- -362t 67- --3 3, 7- '3 , 7 - 1 1 x - --31 } ! - - 'I t 74' , 7-4- 1, , i -,k -1 1 -5-1 2,
20 67-6-2 1, 67-6- 2 � 67- -26 , 6 --6-26 , 67-6-21 , 67- 5-1 } 7-6- 6 F , 67-6-'162t 7-6-163, 6 6- 201, 67- -202�
21 67-6-263, 67- --2 } 6-6-205, 6 -6- 62 67- -267, 6-6--21 'I } AND 6 -6- 1, MCA; AND PROVIDING ING I
22 IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE-11
3
24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF M NT A:
26
6 Section 1. Section 7--66 , MCA, is amended to read;
27 " 7-'I - ' . Acquisition f
Iots q r lands for aircraft. A city or town
26 council may acquire by lease, gift, purchase, or condemnation pursuant to Title 70, chapter 36} lots or lands for
29 landing field5 or parking areas faf of aircraft, within or outside of the corporate limits of the municipality. The city
6 or town council may exercise municipal jurisdiction over the lots or lands acquired pursuant to this section, ever
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"Air navigationI$ means the operation or navigation of aircraft in the air space over this state or upon
2 an airport or restricted landing area within this state.
"Air navigation facility" means a facility used in, available for use in, or designed for use in aid of air
navigation, including airports, restricted landing areas, and structures, mechanisms, lights, beacons, marks,
5 communicating systems, or other instrumentalities or devices used or useful as an aid or constituting a
8 advantage or convenience to the safe taking off, navigation, and landing of aircraft or the safe and efficient
operation or maintenance of an airport or restricted area and any combination of these facilities.
g I'Airport" means an area of land or water, } that is intended or
g designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing,
o or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or
1 suitable for airport: buildings or other airport facilities and all appurtenant rights -of -Tray.
"-A p;AAp* an 044'ORPI Ce
12 k J WJ r-Att VW1 IL d 4anul1q) 1J ld" meams tiny area of land or water, or bothy th Cat %.A--P%-*Ul or it made
1
18 f"UO-1"Airport authority" or "authority" means a regional airport authority or municipal airport authority
17 created under chapter 11 and the governing body of a municipality that has determined to exercise the powers
18 of a municipal airport authority under - - 02.
g f+2)L1-L "Airport hazard" means a structure, object of natural growth, or use of land that obstructs the
20 air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is
21 otherwise hazardous to landing or taking off.
22 !4
title:23 established 4-met preveftted es provided in this
� � I `#Airport protection privileges" means easements through or other interests in airspace overland
8 or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other
8 protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing
27 areas of airports and restricted landing areas and the safe and efficient operation of airports or restricted landing
28 areas.
29 �MhLa"Air school" means a person engaged in giving or offering to give instruction in aeronautics,
o either in flying or ground subjects, or both, for or without hire or regard, and advertising or representing to the
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59tb Legislature S2,2
adjacent to the building or structure to the level of the highest point of the building or structure.
2 23 "Municipal airport authority" or "municipal authority" means a municipal airport authority created
3 under 67-11-102.
f 52�I "M ni i ality��A r. 4 kil !� aubdiviai means a county, city, villages rt ern this and
any other political subdivision, public corporation, autho(ty, or district in this state authorized by law to acquire,
establish, construct, maintain, improve, and operate airports and other air navigation facilities.
7 f2l�)LZQ "Navigable air space's means air space above the minimum altitudes of flight prescribed by the
laws of this state or by regulations of the department.
2 f' PIAS airport" means an a.i. that is included in the federal aviation administration's national
10 olan of integrated airport systems.
11 f29�LZ71 "Operation of aircraft" or "operate aircraft" means the use of aircraft for the purpose of air
2 navigation and includes the navigation or piloting of aircraft. A person who causes or authorizes the operation
3 of aircraft, whether with or without the right of legal control, din the capacity of owner, lessee, or otherwise), of
14 the aircraft, operates the aircraft.
'I �� "Person#` means an individual firm# partnership, rivate municipal, or public corporation
x , company, association, joint-stock association, or body politic and includes a
17 trustee, receiver, assignee, or other similar representative.
1(29).#'Political subdivision" has the same meaning as rn ni i alit .
19 f34)i "Public aircraft" means an aircraft used exclusively in the service of any government or of a
20 political subdivision of a government, including the government of a state, territory, or possession of the United
21 States, or the District of Columbia, but not including a government -owned aircraft engaged in carrying persons
22 or property for commercial purposes.
23 f32)3'l 'Real property" means lands, structures, buildings, and interests in land, including lands under
24 water and riparian rights, and all things and rights usually included within the term real property, including not
25 only fee simple absolute but also all lesser interests, such as easements, rights -of -way, uses, leases} licenses,
26 and all other incorporeal hereditaments and every estate, interest, or right, legal or equitable, pertaining to real
27 property.
28 33)I "Regional airport au or�tit or "regional authority" means a regional airportauthority create
29 under 7- 1-1 3.
30 �� "Restricted landing area means an area of land or water, or both, that is used or is made
i'iv
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th Legislature
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proximity of the airport, the use of which may be affected by the airport's existence, including the areas described
in 14 CF , part 77.
3 b "Governing body" means a city commission, town council, county commission, or the commissioners
of a municipal or regional airport authority,
5
NEW SECTION. Section 6. Designation of airport affected area -- regulations required — naps
7 and descriptions required -- piic hearing required -W effect of designation. I Subject to the provisions
of subsection , a governing body of a political subdivision that owns or controls an NPI S airport or that has
an airport affected area for an l l l S airport within its territorial limits or a joint board established pursuant to
10 [section 7] shall, by ordinance or resolution, exercising its police power:
11 a designate an airport affected area within 1 year of [the effective date of this act],
12 b concurrently adopt regulations for the airport affected area that comply with [section # and
3 c administer and enforce the regulations that are adopted.
1 governing body of a political subdivision that owns or controls a non -ell s airport or that has a
15 airport affected area for a anon- N P IAS airport with n its territorial limits or a joint board established pursuant t
16 [section 7] may, by ordinance or resolution, exercising its police power, designate an airport affected area. if the
7 governing body or joint board makes the designation it shall concurrently adopt regulations for the airport
18 affected area that may comply with [section 81 and shall administer and enforce the regulations.
19 3 The airport affected area may not be less than 10,000 feet from the thresholds of each runway a or
20 less than 'I mile vide on each side of each runway unless evaluations for a specific runway show that the
21 accident data justifies a lesser area. A greater area may be regulated as an airport affected area if.
22 a studies have been conducted in accordance with 14 CF , part 150, maps of the area have been
23 prepared, and a program has been approved by the federal aviation administration; or
2 b the governing body intends to protect imaginary surfaces as provided in 14 CFR, part 77.
5 The designation must be accompanied by maps and legal descriptions of the airport affected area.
26 The maps must be filed with the cleric and recorder of each affected county and with the clerk of each affected
7 city or town.
2 a Before a governing body designates an airport affected area and adopts or amends regulations
29 governing the airport affected area, the governing body shall hold at least one public hearing.
30 b The notice of the public hearing must be published as provided in 7-1-2121 If the governing body
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consideration to:
a the safety of airport users and persons and property in the vicinity of the airport;
the character of the flying operations conducted or expected to be conducted at the airport;
c the nature of the terrain;
d the future development of the airport; and
e federal aviation administration recommendations for the aeronautical surfaces necessary for sate
flying operations.
2 Airport affected area regulations may:
a designate the airport or airports that are subject to the regulations, with a description of exi sti ng and
future runways and approaches,
define the terms used in the regulations based on the definitions provided in Title 67 and 14 CFR,
part }
c describe the airport affected area by referencing reaps and describing existing airport hazards and
natural terrain that intrude into the airport affected area;
d designate and describe zones within the airport 'affected area, along with the height limitations for
structures and trees within each zone, considering local conditions and needs, as well as the notice requirements
and obstructions standards provided in 14 CF , part 77,
e show the contours for decibel levels of 65 YDNL or greater on the maps that designate an airport
affected area, if a study has been conducted pursuant to 14 CF , part 150, and require that information to be
considered by anyone who builds within the airport affected area;
f specify permitted and conditional uses within each zone of the airport affected area by addressing:
i incompatible land uses, such as uses for residences} schools, hospitals, day-care centers or other
concentrations of people indoors or outdoors,
H the land uses that are considered incompatible with certain noise levels, as provided in 14 CFR, part
1 o-)
iii bird attractants such as solid waste disposal sites and lagoons;
iv sources of electromagnetic radiation that may interfere with electronic navigational aids;
lights other than navigational aids that glare upward or shine on or in the direction of the airport; and
vi the national transportation safety board's accident investigation data in the vicinity of airports and
specific accident data for a particular airport, if that information is available;
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2 NEW SECTION. section 11. Prior nonconforming uses. 1 All regulations adopted under [sections
3 3 through must be reasonable and may not require the removal or alteration of any structure or tree or
require cessation or alteration of a use that is lawfully in existence when the regulations become effective. Those
structures, trees, or uses must be treated as prior nonconforming structures, trees, or uses that may remain or
continue, but regulations may proh1bit the ir a cpansion ortheir reconstruction or replacement folI owi ng destruction
7 or substantial damage. For the purposes of this section, "su bstantial da mag e" has occurred when 80% or more
of a structure or tree is deteriorated or decayed or has been torn down or destroyed.
The regulations may require that trees in place at the time that the- regulations take effect be
10 maintained by the political subdivision, at its expense, at heights attained at that time.
11 The regulations may require the owner of structures or trees to permit the political subdivision, at
2 its expense, to Install, operate, and maintain the lights and markers necessary to warn pilots of the presence of
3 an airport hazard.
Land in existing residential subdivisions or platted for residential subdivision at the time that
15 regulations are adopted may continue to be used for residential purposes, subject to notification provided to
16 property owners that the lots are within an adopted airport affected area.
17
18 NEW SECTION. section 12. Acquisition of property rights when regulations not sufficient; The
19 political subdivision within which a property or nonconforming use is located or the political subdivision owning
20 the airport or served by the airport may acquire, by purchase, grant, or condemnation pursuant to Title 70,
21 chapter 30, an air right, aviation easement, or other estate or Interest in the property or nonconforming structure
22 or use that is necessary to effectuate the purposes of [sections 3 through ). The governing body of the political
23 subdivision may acquire an interest when:
it is desirable to remove, lover, or otherwise terminate a nonconforming structure or use;
2 2 the necessary approach protection cannot, because of constitutional limitations, be provided by
26 airport affected area regulations under [sections 3 through 1 ]; or
7 3 it appears advisable that the necessary approach protection be provided by acquisition of property
28 rights rather than by airport affected area regulations.
2
o NEW SECTIO, Section's . Regulations relative to zoning ordinances,, subje ttothe provisions
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1 NEW S E CTlol N. SVV i o n 16. AppeaIs. T , e governi ng body THATD I GNATE DT ] RPORT AFFECTED
2 AREA shall act as an airport appeals board or appolnt an airport appeals board that functions in the same manner
3 as a board of adjustment provided for in Title 76, chapter 2. if the governing body appoints an airport appeals
board, the board must have at least three members.
The provisions of - -22 and 76-2-225 through 76-2-228 apply to the governing body of a county
or an airport appeals board appointed by that governing body and the provisions of - -32 and -2-32
through 76-2-328 apply to the governing body of a municipality or an airport appeals board appointed by that
governing body when considering grievances relating to regulations, variances, or permits.
If a governing body has appointed a board of adjustment under the provisions of --1 through
10 -2-22 or 76-2-321 through - -32 , the governing body may designate the members of that board as the
11 airport appeals board, in which case the terms of the members for the purposes of [sections 3 through 1 are
2 concurrent with their terms as members of the board of adjustment.
13
14 NEW SECTION. Section 17. variance. 1 A person intending to erect or increase the height of a
15 structure, permit the growth of a tree, or use property in a mannerthat is not in accordance with the requirements
16 of the regulations adopted pursuant to [sections 3 through 1 ] may apply to the governing body or an
17 enforcement officer appointed for this purpose by the governing body for a variance from the regulations.
18 (2) If an enforcement officer has been appointed by the governing body, the decision of the officer Is
19 final unless it is appealed to either the governing body or the airport appeals board if one exists.
20 3 A variance must be granted when a literal application or enforcement of the regulations would result
1 in substantial practical difficulty or unnecessary hardship and when the variance would not be contrary to the
22 public interest.
3 variance must be granted for a nonconforming use when there is no immediate hazard to safe
24 flying operations or to persons and property in the vicinity of the airport and when the noise or vibrations from
25 normal and anticipated normal airport operations would not be likely to cause damage to structures.
A variance granted under this section may require the owner of a structure or tree to allow the
27 political subdivision, at the owner's expense, to install, operate, and maintain the lights and markers necessary
28 to warn pilots of the presence of an airport hazard.
29 A person who builds a structure pursuant to a variance from the airport affected area regulations
30 or who takes or buys property in an airport affected area for which a variance has been granted is on notice that
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1 airport. The county3 city, or town may create a board or body from the nfs residents of stich the county,
city, town, r � joint subdivision o the state # and may
3 confer upon the board or the jurisdiction for the improvement, equipment, maintenance, and
operation of sueli the airport or landin field. The board of county commissioners, the city or torn council, tm
the e} or the board of county commissioners and the council or councils under a joint venture may
adopt rules and establish fees or charges for the use o !�tteh the airport or land J IngR fil Old or may authorize sueh
the board or body to do so, s ubiectf , to the approval of the appointing poorer before the ""sha
r charges mgy take effect. All expenses of sueh the construction, improvement, equipment, maintenance, and
operation sh a 11 be a re, a charge against tteh the county, city, or town, When a county, city, or torn acts
o jointly under the authority provided in this section, 8u eh the charges against the joint
1 subdivision of the state and she!! must be apportioned according to benefits to accrue, the
12 proportion to be paid by each to he fixed in advance by joint resolution of the governing bodies.
For the purpose com l yin with subsection when the airport
is stieh a joint venture, a joint fund aha 11 m u st be created and maintained into wh1ch each of the
15 political subdivisions interested in the joint venture shall deposit its proportionate share in accordance with the
16 predetermination of the board of county commissioners and council or councils affected.
1 All disbursements from sueh the turd sh-all must be made by order of queh the joint board or body,
18 if one be is created as authorized, otherw]se under 8 u eh the rules ea that the joint control by the commissioners
19 and council or councils may adopt.'
20
21 Section 22. Section -10R 3 , 1 C # is amended to read:
22 " -10-2 1. No Iimitatl n on airport hazard zoning. Nothing contained in this chapter
23 eanstrued to Hmi limits any right, power, or authority of a municipality to regulate airport hazards by zoning 2r
24 by establishi.ng airport affected area regulations as provided in sections 3 through 1 ."
2
26 Section 23. Section -1 o-o, MCA, is amended to read-
27
"67-10-402. Tax levy. 1 Subject to 15-10-420 and for the purpose of establishing, constructing,
2 equipping, maintaining, and operating airports and ports under the provisions o this chapter• and
g as provided in Title 7, chapter 1 , part 11 5 the county commissione rs or the city or torn council may each year
o assess and leery, in addition to the annual leery for general administrative purposes or the all-purpose mill levy
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purposes and pursuant to the conditions set out In this part.
3 a 'User" means an airplane pilot or an airplane passenger who flies into an airport.
3 b The term does not Include local residents or airport personnel."
4
Section 25. Section 7-11-103, MCAT is amended to read:
7-11-1 0, Regional airport authority. 1 Two or more m u nl ci palities may by joint resolution create
7 a public body, corporate and politic, to he known as a regional airport authority. The resolution creating a
regional airport authority sheN must create a board of not less than five commissioners; the number to be
appointed, their tern and compensation, if any, sheff must be provided for in the resolution. Each e regional
o airport authority shall organize, select officers for terms to be fixed by agreement, and adopt and amend from
I time to time roles for its oven procedure med ineon5ist consistent with 67-1 - 0 .
2 2 regional airport authority may be increased to serve one or more additional
13 rn u nloi paIities if each additional rn u ni i-paiity and each of the municipalities then included in the regional authority
14 and the commissioners of the regional authority, respectively, adopt a Joint resolution consenting # eret;
t to the increase. If a municipal airport authority for any municipality seeking to a included in the
16 regional authority 1s then in existence, the commissioners of the municipal authority n9ust shall consent to the
17 inclusion of the municipality in the regional authority. Upon the inclusion of any municipality In the regional
18 authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority must
9 he in the nerve of and vest in the regional authority.
20 3 regional airport authority may be decreased if each of the municipalities then included in the
21 regional authority and the commissioners of the regional authority consent to the decrease and make provisions
22 for the retention or disposition of Its assets and liabilities.
23 m niclpality ,8haf! may not adopt any resolution authorized by this section without a public hearing
24 thereen on the resolution. Notice of the hearin rest be given at Ieast 10 days prior thereto, to the
25 hearinq in a newspaper published in the municipality or, if there is no newspaper published therein in the
26 municipality, then in a newspaper having general circulation in the municipality.
7 For the purpose of this chapter, a regional airport authority has the same pourers as all
2 other political subdivisions i the adoption and enforcement of � airport � affected area
29 regulations as provided for boy thie laws of ihis 5tate in this title.1t
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Section 27. Section 7-11- 4 , MCA, is amended to read
" 7-1 - 41. No limitation on airport hazard zoning. Nothing contained in this chapter,&Hali be
limits any right, poorer, or authority of a municipality to regulate airport hazards by zoning or
4 b etabiiin airport affected area regulations a provided in sections 3 through .t'
Section 28. Section 70-30-102, MCA# is amended to read;
7 ""70-30-102. Public uses enumerated. Subject to the previsions of this chapter, the right of eminent
domain may be exercised for the following public uses:
1 all public uses authorized by the government of the United States;
10 2 public buildings and grounds for the use of the state and all ether public uses authorized by the
11 legislature of the state;
12 3 public buildings and grounds to the use of any county, city, town, or school district;
3 Ganai, aqueducts, flumes, ditches, or pipes conducting water, heat, or gas for -the use of the
14 inhabitants of any county, city, or town;
15 5 projects to raise the banks of streams, remove obstructions from streambanks, and widen, deepen,
16 or straighten stream channels;
17 water and grater supply systems as provided in Title 7, chapter 13, part 44;
18 7 roads, streets, alleys, controlIeai-access facilities, and ali other public uses for the benefit of a county,
19 city, or town or the inhabitants of a county, city, or torn;
acquisition of read -building material as provided in 7- 4- 3,
stock lanes as provided in 7--14-1 }
22 parking areas as provided in 7-14-4501 and 7-.14-4 2 ;
3 I)airportdpurposesaprovidedin 7-14-48,6-2-301,OJ ," section
4 and Title 67 , chapters 10 and 1 1 ;
25 2 urban renewal projects as provided in Title 7, chapter 15, parts 42 and 43;
26 0 hous i ng a uthonty purposes as provided in Title 7# chapter 15, part 44;
27 14 county recreational and cultural purposes as provided in - -21 5;
2 1 city or torn athletic fields and civic stadiums as provided in 7-1 -41 ;
29 1 county cemetery purposes as provided in 7-35-2 1, cemetery association purposes as provided
30 in 3 -2 -1 4, and state veterans' cemetery purposes as provided in 1 -2- 4,
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the reservoir sites must possess a public use demonstrable to the district court as the highest and best use of
the land.
private roads leading from highways to residences or farms;
37 telephone or electrical energy lines;
3 telegraph lines,
3 sewerage of any:
a county, city, or town or any subdivision of a county, city, or town, whether incorporated or
unincorporated;
b settlement consisting of not less than 10 families; or
o public buildings belonging to the state or to any college or university;
tramway lines;
1 logging railways;
temporary logging roads and banking grounds for the transportation of logs and timber products
to public streams! cakes, miiIs, railroads, or highways for a time that the court or1ud ge may determine. However,
the grounds of state institutions may not be used for this purpose.
3 underground reservoirs suitable for storage of natural gas;
projects to mine and extract ores, metals, or minerals owned by the condemnor located beneath
or upon the surface of property where the title to the surface vests in ethers. However, the use of the surface
of property for strip raining or open -pit miring of coal i.e., any raining method or process in which the strata or
overburden is removed or displaced in order to extract the coal) is not a public use, and eminent domain may
not be exercised for this purpose,
projects to restore and reclaim lands that were strip mined or underground rained for coal and not
reclaimed in accordance with Title 3} chapter 4, part 2, and to abate or control adverse affects of strip or
underground mining on those lands."
NEW aECTION. Section 29. Repealer. Sections 7- - o , 7- -1 o , 7- - 'i , 7- - 2, 7- - 03,
7- -. , 7# - 11, 7- -3 , 7- -30 , 7- -303, 7- --3 } 7- -311, 7- -31 , 7- -3 3# - -31 , 7 01
7R o x 7- -1 o 1 x 7- 5-1 o2 t 7- -201 f 7- - 02, D7- -203, 7- - , - -11, -5 - 1 , 7- -1 1 } 67--1 ,
7-6-103, 7- - 01, 7- -2 , 7- - 03t 7- - 0 , 7- - , 7- -- 0 , `- - 207, - -211 # and 67-6-301,
Mc, are repealed.
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