CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 5. AIRPORT HAZARD ZONING ORDINANCE

ARTICLE 5. AIRPORT HAZARD ZONING ORDINANCE

This Ordinance shall be known and may be cited as “Moundridge Municipal Airport Hazard Zoning Ordinance.”

(Ord. 811; Code 2012)

As used in this Ordinance, unless the context otherwise requires:

(1)   AIRPORT - The Moundridge Municipal Airport.

(2)   AIRPORT ELEVATION - The highest point of an airport's usable landing area measured in feet from mean sea level.

(3)   AIRPORT HAZARD - Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

(4)   AIRPORT ZONING COMMISSION - A board consisting of the members of the City Planning Commission.

(5)   STRUCTURE - An object constructed or installed by man, including, but without limitation, buildings towers, smokestacks, earth formation, and overhead transmission lines.

(6)   TREE - Any object of natural growth.

(7)   NONCONFORMING USE - Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or any amendment thereto.

(8)   HEIGHT - For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

(9)   PERSON - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

(10) RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length.

(11) RUNWAY EXTENSION - An area bordering and extending from the end of the runway intended solely for the zoning of the airport for future expansion and not for the present surface use of aircraft.

(12) PRIMARY SURFACE - A surface longitudinally centered on a runway. The primary surface ends at each end of the Runway Extension, but if there is no Runway Extension then to the end of the runway. Width of the primary surface of the runway and any Runway extension shall be 250 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line or Runway Extension center line.

(13) APPROACH TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These zones apply to the area under the approach, transitional, horizontal, and conical surfaces.

(Ord. 811; Code 2012)

In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, conical zones as they apply to a particular airport, Such zones are shown on Moundridge Municipal Airport Hazard Zoning Map consisting of 1 sheet, prepared by Bradbury Co., and dated Nov. 1, 1976, which is attached to this Ordinance and made a part hereof. An area located in more than one (I) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1)   RUNWAY VISUAL APPROACH ZONES - The inner edge of the approach zones coincide with the width of the primary surface and is 250 feet wide. The approach zones expand outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface, their centerline being the continuation of the centerline of the runway.

(2)   TRANSITIONAL ZONES - These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

(3)   HORIZONTAL ZONE - The horizontal zone is hereby established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(4)   CONICAL ZONE - The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the approach zones and the transitional zones.

(Ord. 811; Code 2012)

Except for otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

1.     RUNWAY VISUAL APPROACH ZONES - Slope upward forty (40) feet horizontally for each foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

2.     TRANSITIONAL ZONES - Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation which is 1,490 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Provided, however, that structures less than thirty-five (35) feet above the runway elevation, or a height of 1,525 feet above mean sea level, shall not be restricted in the transitional zone, provided they are not less than one hundred (100) feet horizontally from the primary surface.

3.     HORIZONTAL ZONE - One hundred and fifty (150) feet above the airport elevation or a height of 1,640 feet above mean sea level.

4.     CONICAL ZONE - Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of 350 feet above the airport elevation. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

(Ord. 811; Code 2012)

Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. 811; Code 2012)

1.     REGULATIONS NOT RETROACTIVE - The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Ordinance and is diligently prosecuted.

2.     MARKING AND LIGHTING - Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights .as shall be deemed necessary by the City Administrator to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Moundridge, Kansas.

(Ord. 811; Code 2012)

1.     FUTURE USES - No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted.

(a)    However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, becomes of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.

(b)   Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

2.     EXISTING USES - 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 become a greater hazard to air navigation than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

3.     NONCONFORMING USES ABANDONED OR DESTROYED - Whenever the City Administrator determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

4.     VARIANCES - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this Ordinance, may apply to the Airport Zoning Commission for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Ordinance. Provided, however, no variance shall be allowed in the runway visual approach zone; and, Provided further that no variance in any zone shall be allowed or granted which will increase the height of any structure or permit the growth of any tree more than twenty-five (25) per cent of that allowed by the regulations prescribed in this Ordinance.

5.     HAZARD MARKING AND LIGHTING - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City of Moundridge, Kansas, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(Ord. 811; Code 2012)

It shall be the duty of the City Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the City Administrator. Applications required by this Ordinance to be submitted to the City Administrator shall be promptly considered and granted or denied by him. Application for action by the Airport Zoning Commission shall be forthwith transmitted by the City Administrator.

(Ord. 811; Code 2012)

1.     There is hereby created an Airport Zoning Commission. This Commission will serve as a board of zoning appeals to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the City Administrator in the enforcement of the Ordinance; (2) to hear and decide special exceptions to the terms of this Ordinance upon which such Airport Zoning Commission, under such regulations may be required to pass; and (3) to hear and decide specific variances.

2.     The Airport Zoning Commission shall consist of the members of the Moundridge City Planning Commission.

3.     The Airport Zoning Commission shall address zoning and appeals regulated by this ordinance under the applicable rules of the Zoning Regulations of the City of Moundridge, Kansas, as adopted in Ordinance #731 of the City of Moundridge, Kansas.

(Ord. 811; Code 2012)

1.     Any person aggrieved, or any taxpayer affected, by any decision of the City Administrator made in his administration of this Ordinance, may appeal to the Airport Zoning Commission.

2.     All appeals hereunder must be taken within thirty (30) days by filing with the City Administrator a notice of appeal specifying the grounds thereof. The City Administrator shall forthwith transmit to the Airport Zoning Commission all the papers constituting the record upon which the action appealed from was taken.

3.     An appeal shall stay all proceedings in furtherance of the action appealed from unless the City Administrator certifies to the Airport Zoning Commission, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Airport Zoning Commission on notice to the City Administrator, and on due cause shown.

4.     The Airport Zoning Commission shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

5.     The Airport Zoning Commission may, in conformity with the provision of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances.

6.     Any person aggrieved, or any taxpayer affected, by any decision of the Airport Zoning Commission made in its administration of this Ordinance, may appeal to the Governing Body of the City of Moundridge.

7.     All appeals hereunder must be taken within ten (10) day by filing with the Airport Zoning Commission a notice of appeal specifying the grounds thereof. The Airport Zoning Commission shall forthwith transmit to the Governing Body of the City of Moundridge all the papers constituting the record upon which the action appealed from was taken.

8.     An appeal shall stay all proceedings in furtherance of the action appealed from unless the Airport Zoning Commission certifies to the Governing Body of the City of Moundridge, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Governing Body of the City of Moundridge on notice to the Airport Zoning Commission, and on due cause shown.

9.     The Governing Body of the City of Moundridge shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

10.   The Governing Body of the City of Moundridge may, in conformity with the provision of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances.

(Ord. 811; Code 2012)

Any person aggrieved, or any taxpayer affected, by any decision of the Governing Body of the City of Moundridge, may appeal to the District Court of McPherson County, Kansas by filing within thirty (30) days from the rendition of such decision in the Office of the Clerk of the District Court a verified Petition setting forth and specifying a ground for review upon which the petitioner relies and designating the decisions sought to be reviewed. The Clerk shall forthwith cause written notice of such appeal to be served upon the Governing Body of the City of Moundridge. Upon presentation of such petition the Court shall set it down for hearing and the same shall be tried de novo as in a civic case and enforcement of said regulations shall be stayed until said Petition is finally determined by the Court. Appeals may be taken from the decisions of the District Court of McPherson County, Kansas, as in other civil cases.

(Ord. 811; Code 2012)

Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days or both; and each day a violation continues to exist shall constitute a separate offense.

(Ord. 811; Code 2012)

Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter the more stringent limitation or requirement shall govern and prevail.

(Ord. 811; Code 2012)

If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

(Ord. 811; Code 2012)