The purpose and intent of this section is to conform to FAA regulations that are designed to protect the lives of pilots and passengers of aircraft, nearby residents, and the general population. It also is the purpose of this section to conform to FAA regulations to protect the investment in the Baker Airport and prevent damage to neighboring property.

The airport safety overlay district applies to all property within the approach zone for utility visual approach runways as defined in FAA regulations and the City of Baker Airport Affected Area Regulations.

Notwithstanding other dimensional limitations and allowances established by this ordinance, no manmade building, tower, antenna or other structure and no tree or other vegetation shall penetrate the vertical plane described as the approach zone in FAA regulations for utility visual approach runways. The vertical plane in the approach zone is defined by the combination of subsections 1 and 2, below.

1.

The interior edges of the approach zone coincide with edges of the primary surface and is two hundred fifty feet wide and expands outward uniformly to a width of one thousand two hundred fifty feet at a horizontal distance of five thousand feet from the ends of the primary surface and its center line is a continuation of the center line of the runway.

2.

Furthermore, the surface of the approach zone slopes upward one foot for each twenty feet outward beginning at the ends, and at the same elevation as, the primary surface and extending a horizontal distance of five thousand feet along the extended runway centerline.

3.

By way of example, the approach zone establishes a maximum height of ten feet at a distance of two hundred feet from the ends of the runway (200 divided by 20, times 1).

No use is permitted that will interfere with navigational signals or radio communications between the airport and aircraft or create difficulty for pilots to distinguish between airport lights, or create glare or impair the visibility of pilots, or create an attraction for birds that may increase the likelihood of bird strikes.

In addition to the standards of Article 17.17 Nonconformities, the owner of any nonconforming structure or vegetation within the airport safety overlay district shall permit the airport board to install, operate and maintain markers or lights the board deems necessary to indicate the presence of the structure or vegetation to aircraft pilots. Furthermore, no such nonconformity shall be made more nonconforming or in any way become a greater hazard for aircraft.

In addition to other standards and procedures established by this ordinance, the zoning administrator or city board granting approval of a permit or variance within the airport safety overlay district may solicit review comments from the FAA or require the applicant to notify the FAA of the pending application.