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7039 Structural HeightCONSOLIDATED -SALIVA D 1 1 ORDINANCE NO. 7039 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE SALINA MUNICIPAL AIRPORT BY CREAT- ING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONE AND CONICAL ZONE, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE SALINA MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF APPEALS; AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority conferred by Article 7, Chapter 3 of the Kansas Statutes Annotated. It is hereby found that an airport hazard endangers the lives and prop- erty of users of Salina Municipal Airport and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and manuevering of aircraft, thus tending to destroy or impair the utility of Salina Municipal Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Salina Municipal Airport; (2) that it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented, and; (3) that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without com- pensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of exist- ing airport hazards are public purposes for which political sub- divisions may raise and expend public funds and acquire land or interests in land. BE IT ORDAINED BY GOVERNING BODY OF THE CITY OF SALINA, KANSAS: SECTION I: SHORT TITLE This Ordinance shall be known and may be cited as "Salina Municipal Airport Zoning Ordinance." SECTION II: DEFINITIONS As used in this Ordinance, unless the context otherwise re- quires: (1) AIRPORT- Means Salina Municipal Airport. (2) AIRPORT ELEVATION - Means the established elevation of the highest point on the usable landing area. (3) AIRPORT HAZARD - Means any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport. (4) AIRPORT REFERENCE POINT - Means the point established as the approximate geographic center of the airport landing area and so designated. (5) BOARD OF ADJUSTMENT - Means the Board of Directors of the Salina Airport Authority. (6) 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. (7) INSTRUMENT RUNWAY - Means a runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions. CONSOLIDATED-SALINA 1 1 1 (8) LANDING AREA - Means the area of the Airport used for the landing, taking off or taxiing of aircraft. (9) NONCONFORMING USE - Means any pre-existing structure, tree, natural growth or use of land which is incon- sistent with the provisions of this Ordinance or an amendment thereto. (10) NONINSTRUMENT RUNWAY - Means a runway other than an instrument runway. (11) PERSON - Means an individual, firm, partnership, cor- poration, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. (12) RUNWAY - Means the paved surface of an airport land- ing strip. (13) STRUCTURE - Means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. (14) TREE - Means any object of natural growth. SECTION III: ZONES 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 instrument approach zones, nonin- strument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on Salina Municipal Airport Zoning Map consisting of one sheet, prepared,by Salina City Planning Department and dated December , 1967, which is attached to this Ordinance and made a part hereof. The various zones are hereby established and defined as follows: (1) INSTRUMENT APPROACH ZONE - An instrument approach zone is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway,,widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (2) NONINSTRUMENT APPROACH ZONE - A noninstrument approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach zone shall have 'a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 feet at a distance of 10,200 feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (3) VFR APPROACH ZONE - A visual flight rules approach zone shall have a width of 200 feet at a distance of 100 feet beyond each end of the runway widening thereafter uniformly to a width of 500 feet at a distance of 3,100 feet beyond each end of the runway. (4) TRANSITION ZONES - Transition zones are hereby es- tablished adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line 250 feet on either side of the center- line of the noninstrument runway, for the length of such runway plus 200 feet on each end; and 500 feet on either side of the centerline of the instru- ment runway, for the length of such runway plus 200 2. CONSOLIDATED-$ALINA 1 C 1 feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are es- tablished adjacent to both instrument and noninstru- ment approach zones for the entire length of the approach zones. These transition zones have vari- able widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Addi- tionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of 5,000 feet measured horizon- tally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. (5) HORIZONTAL ZONE - A horizontal zone is hereby estab- lished as the area within a circle with i s center at the Airport Reference Point and having a radius of 13,000 feet. The horizontal zone does not include the instrument and noninstrument approach I zones and the transition zones. (6) CONICAL ZONE - A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 7,000 feet. The conical zone does not include the instrument approach zones and transi- tion zones. SECTION IV: HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Ordinance to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in ques- tion as follows: (1) INSTRUMENT APPROACH ZONE - One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point 200 feet from and at the cen- terline elevation of the end of the instrument runway and extending a distance of 10,200 feet from the end of the runway; thence one (1) feet i height for each forty (40) feet in horizontal di tance to a point 50,200 feet from the end of the r nway; (2) NONINSTRUMENT APPROACH ZONES - One (1) fo t in height for each forty (40) feet in horizo tal dis- tance beginning at a point 200 feet from nd at the centerline elevation of the end of the no instru- ment runway and extending to a point 10,20 feet from the end of the runway; (3) TRANSITION ZONES - One (1) feet in height for each seven (7) feet in horizontal distance beginning at any point 200 feet normal to and at the elevation of the centerline of noninstrument runways, extend- ing 200 feet beyond each end thereof, and 200 feet normal to and at the elevation of the centerline of the instrument runway, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 1271Ifeet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot ver- tical height for each seven (7) feet horizontal 3. CONSOLIDATED-SALINA 1 distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical sur- faces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of hor- izontal distance shall be maintained beginning at the edge of the instrument approach zone and extend- ing a distance of 5,000 feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended; (4) HORIZONTAL ZONE - One hundred fifty (150) feet above the airport elevation or a height of 1,421 feet above mean sea level; (5) CONICAL ZONE - One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 500 feet above the airport elevation; and (6) EXCEPTED HEIGHT LIMITATIONS - Nothing in this Ordin- ance shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 75 feet above the surface of the land. Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail. SECTION V: USE RESTRICTIONS Notwithstanding any other provisions of this Ordinance, no use may be made of land within any zone established by this Ordinance in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft. SECTION VI: NONCONFORMING USES (a) Regulations not Retroactive. The regulations provided by this ordinance shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or amended, or otherwise interfere with contin- uance of any nonconforming use, except as provided in Subsection 3 of Section 3-707 of the General Statutes Supplement of 1947, or any amendments thereto: Provided, however, that the City of Salina may require upon, thirty days notice in writing any person owning and maintaining any nonconforming pole or pole line upon the roads and highways immediately adjoining said airport to remove, lower, change, or alter said nonconforming pole or pole line, upon prior payment by the city to said person of the reason- able and necessary expense of removing, lowering, changing, or altering said pole or pole line; or in lieu thereof to execute a good and sufficient bond with corporate surety thereon as secur- ity for the payment of the reasonable and necessary expense of removing, lowering, changing, or altering such pole or pole lines. Reasonable and necessary expense of removing, lowering, changing, or altering said pole or pole line shall include, among other items of expense, the actual cost of (1) Constructing underground conduits and the construction of such wires and equipment in such conduits, and (2) rerouting wires together with the poles, cross arms and other equipment connected thereto, together with the cost of any of a new right of way made necessary by such rerouting. (b) Marking and Lighting. Notwithstanding the preceding provision of this Section, the owner of any nonconforming structure 4. st CONSOLIDATED -SALIVA 1 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 Building Official to indicate to the oper- ators 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 City of Salina. SECTION VII: PERMITS (a). Future Uses. Except as specifically provided in Para- graphs 1, 2 and 3 hereunder, 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 therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determina- tion is in the affirmative, the permit shall be granted. (1) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be re- quired for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour or topographic fea- tures such tree or structure would extend above the height limits prescribed for such zone. (2) In the areas lying within the limits of the instru- ment and noninstrument approach zones but at a hori- zontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet of ver- tical height above the ground, except when such tree or structure would extend above the height limit prescribed for such instrument or noninstrument approach zone. (3) In the areas lying within the limits of the transi- tion zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure, be- cause of terrain, land contour or topographic features would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this Ordinance except as set forth in Section IV. (b) 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 be made or become higher, or 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 indi- cated, all applications for such a permit shall be granted. (c) Nonconforming Uses Abandoned or Destroyed. Whenever the Building Official determines that a nonconforming structure or tree 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. (d) 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 5. CONSOLIDATED-SALINA 1 this Ordinance, may apply to the Board of Adjustment for a vari- ance 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 the relief granted would not be contrary to the pub- lic interest but will do substantial justice and be in accordance with the spirit of this Ordinance. (e) 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 Salina at its own expense, to install, operate, and maintain thereon such markers and light$ as may be necessary to indicate to flyers the presence of an airport hazard. SECTION VIII: ENFORCEMENT It shall be the duty of the Building Official to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Official upon a form furnished by him. Applications required by this Ordinance to be submitted to the Building Official shall be promptly con- sidered and granted or denied by him. Applications for action by the Board of Adjustment shall be forthwith transmitted by the Building Official. SECTION IX: BOARD OF ADJUSTMENT (a) There is hereby created a Board of Adjustment to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the Building Official in the enforcement of this Ordinance; (2) to hear and decide special exceptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; (3) to hear and decide specific variances. (b) The Board of Adjustments shall consist of all of the members of the Board of Directors of the Salina Airport Authority as created in accordance with Sec. 5-1 to Sec. 5-6 of the Salina Code; and that by appointment to the Board of Directors of the Salina Airport Authority shall automatically constitute appoint- ment to the Board of Adjustments for the same term as provided for in Article I of Chapter 5 of the Salina Code. (c) The Board of Adjustment shall adopt rules for its gov- ernance and procedure in harmony with the provisions'of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its pro- ceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the City Clerk and shall be a public record. (d) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversi g,affirming, or modifying any order, requirement, decision, or de ermination which comes before it under the provisions of this O dinance. (e) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Building Official or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to affect any variation in this Ordinance. mm CONSOLIDATED-SALINA 1 SECTION XII: PENALTIES 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 $500.00 or imprisonment for not more than six months or both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS' 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. SECTION XIV: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such inval- idity 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. SECTION XV: EFFECTIVE DATE I This Ordinance shall be in full force and effect from and after its passage by the Board of Commissioners and publication as required by law. 7. SECTION X: APPEALS (a) Any person aggrieved, or any taxpayer affected, by any de- cision of the Building Official made in his administration of this Ordinance, may appeal to the Board of Adjustment. (b) All appeals hereunder must be taken withinll a reasonable time as provided by the rules of the Board of Adjustment, by fil- ing with the Building Official a notice of appeal sp cifying the grounds thereof. The Building Official shall forthw th transmit to the Board of Adjustment all the I J papers constituti g the record upon which the action appealed from was taken. (c) An appeal shall stay all proceedings in futtherance of the action appealed from, unless the Building Officil certifies to the Board of Adjustment, 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 prop- erty. In such case, proceedings shall not be stayedjexcept by order of the Board of Adjustment on notice to the Building Official and on due cause shown. (d) The Board of Adjustment 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 attor- ney. (e) The Board of Adjustment may, in conformitylwith the pro- visions of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed I from and may make such order, requirement, decision Or determination, j as may be appropriate under the circumstances. SECTION XI: JUDICIAL REVIEW Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the District Court of Saline County, Kansas, as provided in KSA 3-709. SECTION XII: PENALTIES 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 $500.00 or imprisonment for not more than six months or both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. SECTION XIII: CONFLICTING REGULATIONS' 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. SECTION XIV: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, such inval- idity 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. SECTION XV: EFFECTIVE DATE I This Ordinance shall be in full force and effect from and after its passage by the Board of Commissioners and publication as required by law. 7. CONSOLIDATED -SALIVA 1 u 1 Adopted by the Board of Commissioners and signed by the Mayor this:` day of , 1968. ATTEST: City Clerk 8.