92-9534 Zoning RegulationsKuhn -Cor Printing — Salina, Kansas
(Published in The Salina Journal September c75', 1992)
ORDINANCE NUMBER 92-9534
AN ORDINANCE AMENDING CHAPTER 42 OF THE SALINA CODE BY
ADDING ARTICLE XV, AIRPORT ZONING DISTRICT; AND REPEALING
ARTICLE IV OF CHAPTER 4 OF THE SALINA CODE PERTAINING TO AIRPORT
ZONING.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Chapter 42 of the Salina Code is hereby amended
by adding Article XV, which shall read as follows:
"ARTICLE XV. AIRPORT ZONING DISTRICT
"Sec. 42-815. Short title.
This article shall be known and may be cited as
"Salina Municipal Airport Zoning Ordinance."
"Sec. 42-816. Definitions.
As used in this article, unless the context otherwise
requires:
(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
article 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.
(8) Landing area means the area of the airport
used for the landing, taking off or taxiing of
aircraft.
(9) Large airplane means an airplane of more than
twelve thousand five hundred (12,500) pounds
(5,700 kg) maximum certificated takeoff weight.
(10) Nonconforming use means any preexisting
structure, tree, natural growth or use of land
which is inconsistent with the provisions of this
article or an amendment thereto.
Kinn-Gox Priming — Salina, Kansas
(11) Noninstrument runway means a runway other
than an instrument runway and includes both
nonprecision and visual runways.
(12) Nonprecision instrument runway means a
runway with an approved or planned straight -in
instrument approach procedure which has no
existing or planned precision instrument approach
procedure.
(13) Person means an individual, firm, partnership,
corporation, company, association, joint stock
association, or body politic, and includes a
trustee, receiver, assignee, administrator,
executor, guardian, or other representative.
(14) Runway means the paved surface of an airport
landing area.
(15) Small airplane means an airplane of twelve
thousand five hundred (12,500) pounds
(5,700 kg) or less maximum certificated takeoff
weight.
(16) Structure means an object constructed or
installed by man, including, but without
limitation, buildings, towers, smokestacks, and
overhead transmission lines.
(17) Tree means any object of natural growth.
(18) Visual Runway means a runway without an
existing or planned straight -in instrument
approach procedure.
"Sec. 42-817. Aircraft use zones.
In order to carry out the provisions of this article,
there are hereby created and established certain zones
which include all of the land lying within the instrument
approach zones, noninstrument approach zones, transition
zones, horizontal zone and conical zone. Such areas and
zones are shown on Salina Municipal Airport Airspace
Drawing consisting of one sheet, prepared by the Salina
Airport Authority and dated May, 1992, which is attached
to this article 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 one thousand (1,000) feet at a
distance of two hundred (200) feet beyond each
end of the runway, widening thereafter uniformly
to a width of sixteen thousand (16,000) feet at a
distance of fifty thousand two hundred (50,200)
feet beyond each end of the runway, its center
line being the continuation of the centerline of
the runway.
(2) Nonprecision instrument approach zone. A
nonprecision instrument approach zone is
established at each end of all nonprecision
instrument runways for nonprecision instrument
landings and takeoffs. Two approach zone sizes
exist, one for runways serving small airplanes,
one for runways serving large airplanes.
Kinn -Cox Printing — Salina. Kansas
Large airplanes: The nonprecision instrument
approach zone shall have a width of five hundred
(500) feet at a distance of two hundred (200)
feet beyond each end of the runway, widening
thereafter uniformly to a width of three thousand
five hundred (3,500) feet at a distance of ten
thousand two hundred (10,200) feet beyond each
end of the runway, its centerline being the
continuation of the centerline of the runway.
Small airplanes: The nonprecision instrument
approach zone shall have a width of five hundred
( 500) feet at a distance of two hundred ( 200 )
feet beyond each end of the runway, widening
thereafter uniformly to a width of two thousand
(2,000) feet at a distance of five thousand two
hundred (5,200) 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
(VFR) approach zone shall have a width of two
hundred fifty (250) feet at a distance of two
hundred (200) feet beyond each end of the
runway widening thereafter uniformly to a width
of one thousand two hundred fifty (1,250) feet at
a distance of five thousand two hundred (5,200)
feet beyond each end of the runway.
(4) Transition zones. Transition zones are hereby
established 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 airspace
drawing.
Transition zones extend outward from a line two
hundred fifty (250) feet on either side of the
center line of the noninstrument runway, for the
length of such runway plus two hundred (200)
feet on each end; and five hundred (500) feet on
either side of the center line of the instrument
runway, for the length of such runway plus two
hundred (200) feet in each end, and are parallel
and level with such runway center lines. This
described zone is known as the primary surface.
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 horizontal surface.
Further, transition zones are established
adjacent to both instrument and noninstrument
approach zones for the entire length of the
approach zones. These transition zones have
variable 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. Additionally,
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 five thousand
(5,000) feet measured horizontally from the edge
of the instrument approach zones at right angles
to the continuation of the centerline of the
runway.
Kuhn -Cox Printing — Sabina. Kansas
(5) Horizontal surface. The horizontal surface is
a horizontal plane one hundred fifty (150) feet
above the established airport elevation, the
perimeter of which is constructed by swinging
arcs of specified radii from the center of each
end of the primary surface of each runway and
connecting the adjacent arcs. The radius of each
arc is: (1) five thousand (5,000) feet for all
runways designated as visual or
nonp recision -small airplane; and (2) ten
thousand (10, 000) feet for all other runways.
The radius of the arc specified for each end of a
runway will have the same arithmetical value.
That value will be the highest determined for
either end of the runway. When a five thousand
(5,000) foot arc is encompassed by tangents
connecting two adjacent ten thousand (10,000)
foot arcs, the five thousand (5,000) foot arc
shall be disregarded on the construction of the
perimeter of the horizontal surface.
(6) Conical surface. The conical surface is hereby
established as a surface extending outward and
upward from the periphery of the horizontal
surface at a slope of one (1) foot vertically for
each twenty (20) feet horizontally for a
horizontal distance of four thousand (4,000) feet.
"See. 42-818. Height limitations.
(a)
Except as
otherwise provided in this
article, no
structure
or tree
shall be erected, altered,
allowed to
grow, or
maintained
in any zone created by this article 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 question as
follows:
(1) Instrument approach zone. One (1) foot
in height for each fifty (50) feet in
horizontal distance beginning at a point two
hundred (200) feet from and at the center
line elevation of the end of the instrument
runway and extending a distance of ten
thousand two hundred (10,200) feet from the
end of the runway; thence one (1) foot in
height for each forty (40) feet in
horizontal distance to a point fifty
thousand two hundred (50, 200) feet from the
end of the runway;
(2) Noninstrument approach zones. Large
airplanes: One (1) foot in height for each
thirty-four (34) feet in horizontal distance
beginning at a point two hundred (200) feet
from and at the center line elevation of the
end of the noninstrument runway and
extending to a point ten thousand two
hundred (10, 200) feet from the end of the
runway; Small airplanes: One (1) foot in
height for each twenty (20) feet in
horizontal distance beginning at a point two
hundred (200) feet from and at the
centerline elevation at the end of the
noninstrument runway and extending to a
point five thousand two hundred (5,200) feet
from the end of the runway;
(3) Transition zones. One (1) foot in height
for each seven (7) feet in horizontal
distance beginning at any point two hundred
fifty (250) feet normal to and at the
elevation of the center line of
noninstrument runways, extending two
hundred (200) feet beyond each end thereof,
and five hundred (500) feet normal to and at
the elevation of the centerline of the
instrument runway, extending two hundred
(200) feet beyond each end thereof,
extending to a height of one hundred fifty
(150) feet above the airport elevation which
is one thousand two hundred eighty-five
(1,285) feet above mean sea level. In
addition to the foregoing, there are
established height limits of one (1) foot
vertical height for each seven (7) feet
horizontal 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
surfaces. Further, where the instrument
approach zone projects through and beyond
the conical surface a height limit of one
(1) foot for each seven (7) feet of
horizontal distance shall be maintained
beginning at the edge of the instrument
approach zone and extending a distance of
five thousand (5,000) feet from the edge of
the instrument approach zone measured
normal to the center line of the runway
extended;
(4)
Horizontal
(150) feet
height of
thirty-five
level;
surface. One hundred fifty
above the airport elevation or a
one thousand four hundred
(1,435) feet above mean sea
(5) Conical surface. One (1) foot in height
for each twenty (20) feet of horizontal
distance beginning at the periphery of the
horizontal surface, extending three hundred
fifty (350) feet above the airport
elevation; and
(6) Excepted height limitations.
Nothing in
this article shall be
construed as
prohibiting the growth,
construction or
maintenance of any tree or
structure to a
height up to seventy-five
(75) feet above
the surface of the land;
except when,
because of the terrain, land contour or
topographic features, such tree or structure
would extend above the
height limits
prescribed for such zone.
(b) Where an area is covered by more than one (1)
height limitation, the more restrictive limitations shall
prevail.
"Sec. 42-819. Use restrictions.
Notwithstanding any other provisions of this article,
no use may be made of land within any zone established by
this article 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
KWn C , Printing — Salina. Kansas
vicinity of the airport or otherwise endanger the landing,
taking off, or maneuvering of aircraft.
"Sec. 42-820. Nonconforming uses.
(a) Regulations not retroactive. The regulations
provided by this article 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
September 21, 1992 as amended, or otherwise interfere with
continuance 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 may require upon, thirty (30) days'
notice in writing any person owning and maintaining any
nonconforming pole or pole line upon the roads and
highways immediately adjoining the airport to remove,
lower, change, or alter said nonconforming pole or pole
line, upon prior payment by the city to said person of the
reasonable and necessary expense of removing, lowering,
changing, or altering the pole or pole line; or in lieu
thereof to execute a good and sufficient bond with
corporate surety thereon as security 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 the 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 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 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.
"Sec. 42-821. Permits.
(a) Future uses. Except as specifically provided
in subsections (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 determination is in the affirmative,
the permit shall be granted.
(1) In the area lying within the limits of the
horizontal surface and the conical surface,
no permit shall be required for any tree or
structure less than seventy-five (75) feet
of vertical height above the ground, except
when because of terrain, land contour or
topographic features such tree or structure
would extend above the height limits
prescribed for such zone.
Kinn -Cox Priming — Safina, Kansas
(2) In the areas lying within the limits of the
instrument and noninstrument approach
zones but at a horizontal distance of not
less than four thousand two hundred (4,200)
feet from each end of the runways, no
permit shall be required for any tree or
structure less than seventy-five (75) feet
of vertical 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
transition zones beyond the perimeter of the
horizontal surface, no permit shall be
required for any tree or structure less than
seventy-five (75) feet of vertical height
above the ground except when such tree or
structure, because 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 article except as set forth
in Section 42-818.
(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 September 21, 1992, or on
the effective date of any amendment to this article, or
than it is when the application for a permit is made.
Except as indicated, 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 eighty (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 this article, may apply to
the board of adjustment 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 the relief granted would not be
contrary to the public interest but will do substantial
justice and be in accordance with the spirit of this
article.
(e) Hazard marking and lighting. Any permit or
variance granted may, if such action is deemed advisable to
effectuate the purpose of this article 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 at its own expense, to install, operate and maintain
thereon such markers and lights as may be necessary to
indicate to flyers the presence of an airport hazard.
Kuhn -Cow Printlnq — Salina, Kansas
"Sec. 42-822. 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 article to be submitted to
the building official shall be promptly considered and
granted or denied by him. Applications for action by the
board of adjustment shall be forthwith transmitted by the
building official.
"Sec. 42-823. 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 article;
(2) To hear and decide special exceptions to the
terms of this article 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 adjustment shall consist of all of
the members of the board of directors of the airport
authority as created in accordance with article II of
Chapter 4; and that by appointment to the board of
directors of the airport authority shall automatically
constitute appointment to the board of adjustment for the
same term as provided for in article II of Chapter 4.
(c) The board of adjustment shall adopt rules for its
governance and procedure in harmony with the provisions
of this article. 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
proceedings 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 reversing, affirming or modifying any order,
requirement, decision or determination which comes before
it under the provisions of this article.
(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
article, or to affect any variation in this article.
Kuhn -Cox Printing — Salina, Kansas
"Sec. 42-824. Appeals.
(a) Any person aggrieved, or any taxpayer affected,
by any decision of the building official made in his
administration of this article, may appeal to the board of
adjustment.
(b) All appeals hereunder must be taken within a
reasonable time as provided by the rules of the board of
adjustment, by filing with the building official a notice
of appeal specifying the grounds thereof. The building
official shall forthwith transmit to the board of
adjustment all the papers constituting the record upon
which the action appealed from was taken.
(c) An appeal shall stay all proceedings in
furtherance of the action appealed from, unless the
building official 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 property.
In such case, proceedings shall not be stayed except 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 attorney.
(e) The board of adjustment may, in conformity with
the provision of this article, reverse or affirm, in whole
or in part, or modify the order, requirements, decision or
determination appealed from and may make such order,
requirement, decision or determination, as may be
appropriate under the circumstances.
"Sec. 42-825. Judicial review.
Any person aggrieved, or any taxpayer affected, by
any decision of the board of adjustment, may appeal to the
district court of the county as provided in K.S.A. 3-709."
Section 2. That the existing Article IV of Chapter 4 of the Salina
Code is hereby repealed.
Section 3. That this ordinance shall be in full force and effect
from and after its adoption and publication once in the official city newspaper.
(SEAL)
ATTEST
JacquIline Shiever, CMC
City Clerk
Introduced: September 14, 1992
Passed: September 21, 1992
Carol E. Beggs, Mayor