A.

The purpose of this zone is to comply with regulations of the Federal Aviation Administration.

B.

Commentary. The Federal Aviation Administration imposes restrictions on building densities and heights near airports. The purpose of this overlay zone is to implement these restrictions.

C.

Airport Zones.

1.

In order to carry out the provisions of this ordinance, there are hereby created and established certain zones within the airport district, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Louisiana Regional Airport. Such zones are shown on Ascension Parish Zoning map. 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:

a.

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

b.

Utility Runway Non-precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

c.

Runway Larger than Utility Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

d.

Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

e.

Runway Larger than Utility with a Visibility Minimum as low as 3/4 Mile Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

f.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

g.

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

h.

Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others 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.

i.

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

D.

Airport Zone Height Limitations.

1.

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

a.

Utility Runway Visual Approach Zone. Slopes 20 feet 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 5,000 feet along the extended runway centerline.

b.

Utility Runway Non-precision Instrument Approach Zone. Slopes 20 feet 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 5,000 feet along the extended runway centerline.

c.

Runway Larger than Utility Visual Approach Zone. Slopes 20 feet 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 5,000 feet along the extended runway centerline.

d.

Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Non-precision Instrument Approach Zone. Slopes 34 feet 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 10,000 feet along the extended runway centerline.

e.

Runway Larger than Utility with a Visibility Minimum as Low as 3/4 Mile Non-precision Instrument Approach Zone. Slopes 34 feet outward for each foot upward beginning at end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

f.

Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward beginning at end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

g.

Transitional Zones. Slope 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 100 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 the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zones projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

h.

Horizontal Zone. Establish at 150 feet above the airport elevation or at a height 250 feet above mean sea level.

i.

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.

j.

Excepted Height Limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

E.

Land Use Safety Zones.

1.

In order to carry out the purpose of this section, as set forth above and also, in order to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Louisiana Regional Airport, and furthermore to limit population and building density in the runway approach areas, thereby creating sufficient open space so as to protect life and property in case of an accident, there are hereby created and established the following land use safety zones.

a.

Safety Zone A: All land in that portion of the approach zones of a runway, as defined in section 17-2036(C): hereof, which extends outward from the end of primary surface a distance equal to two-thirds of the planned length of the runway.

b.

Safety Zone B: All land in that portion of the approach zones of a runway, as defined in section 17-2036(C): hereof, which extends outward from safety zone A distance equal of one-third of the planned length of the runway.

c.

Safety Zone C: All that land which is enclosed within the perimeter of the horizontal zone, as defined in section 17-2036(C): hereof, and which is not included in zone A or zone B.

2.

Use Restrictions.

a.

Zone A: Subject at all times to the height restrictions set forth in section 17-2036(D): Airport zone height limitations and to the general restrictions contained in section 17-2036(F): General use restrictions, areas designated as zone A shall contain no buildings, temporary structures, aerial transmission lines, or other similar above-ground land use structural hazards, and shall be restricted to those uses which will not create, attract, or bring together an assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, raising of livestock, wildlife habitat, light outdoor recreation (nonspectator), cemeteries, and auto parking.

b.

Zone B: Subject at all times to the height restrictions set forth in section 17-2036(D): Airport zone height limitations and to the general restrictions contained in section 17-2036(F): General use restrictions, areas designated as zone B shall be restricted in use as follows:

i.

Each use shall be on a site whose area shall not be less than three acres.

ii.

Each use shall not create, attract, or bring together a site population that would exceed 15 times that of the site acreage.

iii.

Each site shall have no more than one building plot upon which any number of structures may be erected.

iv.

A building plot shall be a single, uniform and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum rations with respect to the total site area:

v.

The following use are specifically prohibited in zone B: Churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, camp grounds, and other places of frequent public or semi-public assembly.

c.

Zone C: Zone C is subject only to the height restrictions set forth in section 17-2036(D): Airport zone height limitations and to the general restrictions contained in section 17-2036(F): General use restrictions.

F.

General Use Restrictions.

1.

Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section 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, takeoff, or maneuvering of aircraft intending to use the airport.

G.

Nonconforming Uses.

1.

Regulations Not Retroactive. The regulations prescribed in this section 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 February 1, 2001, the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, intended use of any structure, the construction or alteration of which was begun prior to February 1, 2001, and is diligently prosecuted.

2.

Marking and Lighting. Notwithstanding the preceding provision 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 Building Official to indicate to 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 airport owner.

H.

Permits.

1.

Future Uses. Except as specifically provided in (1), (2), and (3) hereunder, 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 therefore 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. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with section 17-2036(H)(10)(f): Variances relating to variances.

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 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 zones.

b.

In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less that 75 feet 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 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, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this section, except as set forth in section 17-2036(D): Airport zone height limitations.

d.

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 ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

e.

Nonconforming uses abandoned or destroyed. Whenever the Building Official determines that a nonconforming tree or structure 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 regulations set forth in this section.

f.

Variances. 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 section, may apply to the Board of Adjustment 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. 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 section. Additionally, no application for variance to the requirements of this section may be considered by the Board of Adjustment 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 15 days after receipt, the Board of Adjustment may Act on its own to grant or deny said application.

g.

Obstruction Marking and Lighting. Any permit or variance granted may, if such actions is deemed advisable to effectuate the purpose of this Section 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 Board of Adjustment, this condition may be modified to require the owner to permit the Parish of Ascension, at its own expense, to install, operate and maintain the necessary markings and lights.

I.

Enforcement.

1.

It shall be the duty of the Zoning Official to administer and enforce the regulations prescribed herein. Applications for permits and variance shall be made to the Zoning Official upon a form published for that purpose. Applications required by this ordinance to be submitted to the Zoning Official shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Zoning Official.

J.

Appeals.

1.

Any person aggrieved, or any taxpayer affected by any decision of the Building Official, made in the administration of this ordinance, may appeal to the Board of Adjustments. All appeals to the Board of Adjustment shall be subject to the same rules as those outlined in section 17-365 the Zoning Board of Adjustments duty and powers.

K.

Effective Date.

1.

The effective date for this section shall be February 1, 2001.

2.

Commentary. Section 17-2036(A) to (K) were added to the Development Code by the adoption of four ordinances by the Ascension Parish Council at a regular meeting on February 1, 2001.

(DC03-01, 1/9/03; DC09-09, 12/17/09)