The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means the Ada Regional Airport.

Airport elevation means 1,016 feet above mean sea level at the highest point on the runway surface.

Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

Airport layout plan (ALP) means a scaled set of drawings, in either traditional or electronic form, of current and future airport facilities that provides a graphic representation of the existing and long-term development plan for the airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the airport to the satisfaction of the FAA.

Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article.

Approach surface means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 58-903. In plane, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal and conical zones mean the zones as set forth in section 58-902.

Board of adjustment means the board of adjustment of the city that has been designated by the joint airport zoning board to serve as the board of adjustment under this article, as provided in 3 O.S. § 110, as amended.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Hazard to air navigation means an obstruction determined to have a significant adverse impact on the safe and efficient utilization of navigable airspace.

Height means, 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.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal zone.

Nonconforming use means any pre-existing structure, object of natural growth or the use of land which is inconsistent with the provisions of this article or an amendment thereto.

Non-precision runway means a runway (other than a precision runway) with at least one end having a non-precision approach procedure.

Obstruction means any structure, growth or any other object, including a mobile object, which exceeds a limiting height set forth in section 58-903.

Person means any individual firm, partnership, corporation, company, association, joint stock association or governmental entity and includes any trustee, receiver, assignee or any other similar representative thereof.

Political subdivision means any municipality, city, town, village or county.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specifically prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in section 58-902. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway means a defined area on an airport prepared for landing and take-off of aircraft along its length.

Structure means any object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

Transitional surfaces means surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approaches surfaces to where they intersect the horizontal and conical surfaces.

Tree means any object of natural growth.

(Code 1985, § 12-801; Ord. No. 17-08, § 1, 5-1-2017)

Cross reference— Definitions generally, § 1-2.

In order to carry out the provisions of this article, there are established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Ada Regional Airport. Such zones are shown on the Ada Regional Airport Layout Plan prepared by Delta Airport Consultants, which is on file in the airport manager's office and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are defined as follows:

(1)

Non-precision instrument approach zone runway 36. The non-precision instrument approach zone slopes 34 feet outward for each foot upward beginning at the end of the same elevation as the primary surface, a width of 500 feet, and extending outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet along the extended runway centerline.

(2)

Non-precision instrument approach zone runway 18. The non-precision instrument approach zone slopes 50 feet outward for each foot upward beginning at the end of the same elevation as the primary surface, a width of 1,000 feet, and extending outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet along the extended runway centerline.

(3)

Transitional zones. The areas beneath the transitional surfaces.

(4)

Horizontal zone. The horizontal zone is established by swinging arcs of 10,000 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.

(5)

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(Code 1985, § 12-802; Ord. No. 17-08, § 1, 5-1-2017)

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

(1)

Non-precision instrument approach zones for runways 18 and 36. Any person or organization who intends to sponsor any of the following construction or alterations must notify the administrator of the FAA of:

a.

Any construction or alteration exceeding 200 feet above ground level.

b.

Any construction or alteration.

1.

Within 20,000 feet of the airport which exceeds a 100:1 surface from any point on the runway.

2.

Within 10,000 feet of the airport which exceeds a 50:1 surface from any point on the runway.

c.

Any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards.

d.

Any construction or alteration located on the airport regardless of height or location.

The preferred method of notifying the FAA is at the Obstruction Evaluation/Airport Airspace Analysis website: https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp. From this website, sponsors shall input construction height and location into the FAA Notice Criteria Tool. Sponsors will immediately be told whether proposed construction falls into a category outlined above, and what steps are required to proceed.

(2)

Transitional zone. The transitional zone slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,166 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect at the conical surface.

(3)

Horizontal zone. The horizontal zone is established at 150 feet above the airport elevation.

(4)

Conical zone. The conical zone slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(5)

Expected height limitations. Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure or the growth of any tree to a height of 50 feet above the surface of the land, except in the approach zones under this article.

(Code 1985, § 12-803; Ord. No. 17-08, § 1, 5-1-2017)

Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article 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 other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Code 1985, § 12-804; Ord. No. 17-08, § 1, 5-1-2017)

(a)

Regulations not retroactive. The regulations prescribed 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 the effective date of the ordinance from which this article is derived, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this section 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 the ordinance from which this article is derived and is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding subsection (a) of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the joint airport zoning board of the Ada Regional Airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the Ada Regional Airport and the city.

(Code 1985, § 12-805; Ord. No. 17-08, § 1, 5-1-2017)

(a)

Future uses. Except as specifically provided in subsections (a)(1), (2) and (3) of this section, no material change shall be made in the use of the land, no structure shall be erected or otherwise established and no tree shall be planted 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 prescribed in this article. If such determination is in the affirmative, the permit shall be granted. No permit for use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection (d) of this section.

(1)

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any structure or tree less than 75 feet in height above the ground, except when, because of terrain, land contour or topographical features, such structure or tree would extend above the height limits prescribed for such zones.

(2)

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any structure or tree less than 75 feet in height above the ground, except when such structure or tree, because of terrain, land contour or topographical features, would extend above the height limit prescribed for such transition zones.

(3)

Nothing contained in any of the exceptions mentioned in subsections (a)(1)—-(2) of this section shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this article except as set forth in subsection (e) of this section.

(b)

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance from which this article is derived or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed. Whenever the joint airport zoning board 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 allow the growth of any tree or use property, not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe and efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this article. Additionally, no application for a variance to the requirements of this article may be considered by the board of adjustments unless a copy of the application has been furnished to the joint airport zoning board for advice as to the aeronautical effect of the variance. If the joint airport zoning board does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny such application.

(e)

Obstruction 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 its circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the city, at its expense, to install, operate and maintain the necessary markings and lights.

(Code 1985, § 12-806; Ord. No. 17-08, § 1, 5-1-2017)

It shall be the duty of the joint airport zoning board to administer and enforce the regulations prescribed in this article. An application for a permit or variance shall be made to the joint airport zoning board on a form published for that purpose. Applications required by this article shall be submitted to the chairman, promptly considered and, along with a recommendation to grant or deny such application, promptly forwarded to the joint airport zoning board for approval or denial thereof.

(Code 1985, § 12-807; Ord. No. 17-08, § 1, 5-1-2017)

(a)

Under the authority of 3 O.S. § 110, the board of adjustment of the city is designated as the Ada Municipal Airport 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 joint airport zoning board 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; and

(3)

To hear and decide specific variances.

(b)

The board of adjustment shall adopt rules for its governance 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 the absence of the chairman, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public and comply with the Open Meeting Act. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.

(c)

The board of adjustment shall make written findings of facts 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.

(d)

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 joint airport zoning board or to decide in favor of the applicant on any matter upon which it is required to pass under this article or to effect a variation to this article.

(Code 1985, § 12-808; Ord. No. 17-08, § 1, 5-1-2017)

Cross reference— Administration, ch. 2.

(a)

Any person aggrieved or any taxpayer affected by any decision of the joint airport zoning board made in the administration of this article may appeal to the board of adjustment.

(b)

All appeals hereunder must be taken within ten days from the date of the action which is being appealed, by filing a notice of appeal specifying the grounds thereof with the chairman of the joint airport zoning board. The chairman of the joint airport zoning board 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 the furtherance of the action appealed from unless the chairman of the joint airport zoning board 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 the opinion of the chairman of the joint airport zoning board, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment after notice to the chairman of the joint airport zoning board 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, including the state aeronautics commission, and decide the appeals 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 provisions of this article, 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.

(Code 1985, § 12-809; Ord. No. 17-08, § 1, 5-1-2017)

As provided in 3 O.S. § 111, any person aggrieved or any taxpayer affected by any decision of the board of adjustment who is of the opinion that the decision is illegal, may appeal to the district court.

(Code 1985, § 12-810; Ord. No. 17-08, § 1, 5-1-2017)

Each violation of this article or of any regulation, order or ruling promulgated by the city, joint airport zoning board, board of adjustment or the state aeronautics commission pursuant to this article, shall constitute a misdemeanor and shall be subject to section 1-11. In addition, the joint airport zoning board may institute in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this article, any airport zoning regulations adopted under this article or any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this article and of the regulations adopted and orders and rulings made pursuant thereto.

(Code 1985, § 12-811; Ord. No. 17-08, § 1, 5-1-2017)

In any case where a conflict in regulations established by this article arises, the provisions of 3 O.S., the Airport Zoning Act, shall take precedence.

(Code 1985, § 12-812; Ord. No. 17-08, § 1, 5-1-2017)

In any case in which (i) it is desired to remove, lower or otherwise terminate a nonconforming structure or use; or (ii) the approach protection necessary cannot, because of constitutional limitations, be provided under this article; or (iii) it appears advisable that the necessary approach protection be provided by acquisition of the property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located, or by the city, as owner of the airport may acquire, by purchase, grant or condemnation in the manner provided under the law for such public purposes, such air rights, aviation easements or other estate or interest in the property of nonconforming structure or use in question may be necessary to effectuate the purpose of this article.

(Code 1985, § 12-813; Ord. No. 17-08, § 1, 5-1-2017)