7039 Structural HeightCONSOLIDATED -SALIVA
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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
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(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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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Adopted by the Board of Commissioners and signed by the Mayor
this:` day of , 1968.
ATTEST:
City Clerk
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