This chapter:

   A.   Regulates and restricts the height of structures and objects of natural growth, and otherwise regulates the use of property in the vicinity of the Angel Fire airport by creating the appropriate zones and establishing the boundaries thereof;

   B.   Provides for changes in the restrictions and boundaries of such zones;

   C.   Defines certain terms used herein;

   D.   Refers to the Angel Fire airport zoning map which is incorporated in and made a part of this zoning code;

   E.   Provides for enforcement; and

   F.   Imposes penalties. (Ord. 2002-02, 1-17-2002)

These regulations and restrictions are adopted pursuant to the authority conferred by the laws of the state. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Angel Fire airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Angel Fire airport; and that an obstruction may reduce the size of areas available for the landing, take off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Angel Fire airport and the public investment therein. (Ord. 2002-02, 1-17-2002)

   A.   The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Angel Fire airport.

   B.   It is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented.

   C.   The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

   D.   It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. (Ord. 2002-02, 1-17-2002)

As used in this chapter, unless the context otherwise requires, the following words and terms shall have the meanings ascribed to them in this section:

AIRPORT: Angel Fire airport.

AIRPORT ELEVATION: Eight thousand three hundred eighty feet (8,380') above mean sea level.

APPROACH SURFACE: 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 this chapter. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES: These zones are set forth in this chapter.

CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').

HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEIGHT: For determining the height limits in all zones set forth in this zoning code and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which, in plan view, coincides with the perimeter of the horizontal zone.

NONCONFORMING USE: Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment hereto.

OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this chapter.

PERSON: An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of that runway; when the runway has no specially 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 this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

RUNWAY: A defined area on an airport prepared for landing and take off of aircraft along its length.

STRUCTURE: An object, including a mobile object, constructed or installed by man including, but not limited to, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

TRANSITIONAL SURFACES: These surfaces extend outward at ninety degree (90°) angles to the runway centerline and the runway centerline extended at a slope of seven feet (7') horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

TREE: Any object of natural growth.

UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.

VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures. (Ord. 2002-02, 1-17-2002)

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 2002-02, 1-17-2002)

In order to carry out the provisions of this chapter, there are hereby created and 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 Angel Fire airport. Such zones are shown on the Angel Fire airport zoning map consisting of one sheet, prepared for the village, which is attached to ordinance 2002-02, made a part hereof by reference, and on file in the office of the village clerk for public use and inspection. 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 hereby established and defined as follows: (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

   A.   Utility Runway Visual Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty feet (250') wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal distance of five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.

   B.   Transitional Zones: The transitional zones are the areas beneath the transitional surfaces.

   C.   Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet (5,000') 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.

   D.   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 four thousand feet (4,000'). (Ord. 2002-02, 1-17-2002)

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

      1.   Utility Runway Visual Approach Zone: Slopes twenty feet (20') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.

      2.   Transitional Zones: Slope seven feet (7') 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 one hundred fifty feet (150') above the airport elevation which is one hundred feet (100') above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet (7') 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 the conical surface.

      3.   Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation or at a height of two hundred fifty feet (250') above mean sea level.

      4.   Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.

   B.   Exemptions From Height Limits: Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to fifty feet (50') above the surface of the land. (Ord. 2002-02, 1-17-2002)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this zoning code in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take off, or maneuvering of aircraft intending to use the airport. (Ord. 2002-02, 1-17-2002)

   A.   Regulations Not Retroactive: The regulations prescribed by this chapter 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 hereof, or otherwise interfere with the continuance of a nonconforming use.

   B.   Structures Under Construction: Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof, and is diligently prosecuted.

   C.   Marking And Lighting: Notwithstanding subsection B of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the council to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Angel Fire airport. (Ord. 2002-02, 1-17-2002)

   A.   Future Uses:

      1.   Permit Required: Except as specifically provided in subsections A4a, A4b and A4c of this section, no material change shall be made in the use of 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.

      2.   Application For Permit: 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.

      3.   Issuance Of Permit; Restrictions: If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this zoning code shall be granted unless a variance has been approved in accordance with this section.

      4.   Exemptions From Permit:

         a.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') 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 zones.

         b.   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runway, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

         c.   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 tree or structure less than seventy five feet (75') 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.

         d.   Nothing contained in any of the foregoing exceptions 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 chapter.

   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 this zoning code or any amendments hereto 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 code official determines that a nonconforming tree or structure has been abandoned or more than eighty percent (80%) 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:

      1.   Application For Variance: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this chapter, may apply to the council for a variance from such regulations. The application for 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, efficient use of navigable airspace.

      2.   Standards For Granting Variance: 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 chapter.

      3.   Review Of Application; Grant Or Denial Of Variance: Additionally, no application for variance to the requirements of this chapter may be considered by the council unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within fifteen (15) days after receipt, the council may act on its own to grant or deny said application.

   E.   Obstruction Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the 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 council, this condition may be modified to require the owner to permit the Angel Fire airport, at its own expense, to install, operate, and maintain the necessary markings and lights. (Ord. 2002-02, 1-17-2002)

   A.   Code Official: It shall be the duty of the code official to administer and enforce the regulations prescribed in this chapter. Applications for permits and variances shall be made to the village upon a form published for that purpose. Applications required by this chapter to be submitted to the village shall be promptly considered and granted or denied. The code official shall forthwith transmit application for action by the council.

   B.   Village Council:

      1.   The council shall have and exercise the following powers:

         a.   To hear and decide appeals from any order, requirement, decision, or determination made by the code official in the enforcement of this chapter.

         b.   To hear and decide special exceptions to the terms of this chapter upon which the council, under such regulations, may be required to pass and to hear and decide specific variances.

      2.   The concurring vote of a majority of the members of the council shall be sufficient to reverse any order, requirement, decision or determination of the code official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect variation to this chapter. (Ord. 2002-02, 1-17-2002)

   A.   Right Of Appeal: Any person aggrieved, or any taxpayer affected, by any decision of the code official made in the administration of this chapter may appeal to the council.

   B.   Time For Appeal; Notice To Village: All appeals hereunder must be taken within a reasonable time as provided by the rules of the council by filing with the village a notice of appeal specifying the grounds thereof. The code official shall forthwith transmit to the council all the papers constituting the record upon which the action appealed from was taken.

   C.   Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the code official certifies to the council, 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 code official, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the council or notice to the village and on due cause shown.

   D.   Hearing: The council 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.   Action By Village Council: The council may, in conformity with the provisions of this chapter, reverse or affirm in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances. (Ord. 2002-02, 1-17-2002)

Any person aggrieved, or any taxpayer affected, by any decision of the council may appeal to the court as provided in the laws of the state. (Ord. 2002-02, 1-17-2002)

Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable as provided in section 1-4-1 of the village code, and each day a violation continues to exist shall constitute a separate offense. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)