RSMo. 305.170, as amended, authorizes the city to establish regulations and control of airports, landing fields and aircraft in the city, and RSMo. 79.370 and 79.410, as amended, authorizes the city council of the city to promulgate police regulations and control for the public health, safety and welfare of the citizens of the City of Belton. Accordingly, the city council declares that it is necessary to enact an airport and aviation code for the purpose of preventing the creation or establishment of air navigation obstructions and impediments within and in the vicinity of airports, and preventing destruction or impairment of the utility of such airports.

(UDC 2010, § 3.2; Ord. No. 70-485, § 1, 11-23-1970)

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:

Air navigation obstruction means any structure, object of natural growth, terrain, effect or condition which obstructs the air space required for the flight of aircraft in landing or taking off at the airport or otherwise impedes the takeoff or landing of aircraft.

Airport means any area included within the boundary of any airport as established under section 8-22.

Airport elevation means the elevation, above mean sea level, assigned to the airport reference point (ARP).

Airport reference point (ARP) means a point selected and marked on the airport zone map which is assigned the airport elevation.

Airport zone means the land areas lying level with or directly below the imaginary surfaces and such zones shall bear the same name as the associated imaginary surface.

Airport zone map means the map which designates the boundaries of an airport and the location and length of all existing and planned landing surfaces thereon and the resultant airport imaginary surfaces and zones, said map being attached to and made part of the ordinance from which this chapter is derived.

FAA means the Federal Aviation Administration or any successor agency established by the United States government.

Imaginary surfaces means plane or conical surfaces at or above the ground level, such surfaces being sized, shaped and located by mathematical and geometric formulae as described in sections 8-23 and 8-24.

Nonconforming height, condition or effect means any structure, object of natural growth, terrain, condition or effect, which as of November 23, 1970, does not conform to the requirements prescribed in this article.

Runway.

(1)

"ILS (instrument landing system) runway" means a runway equipped or having the potential of being equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions. Such a runway will be designated as an ILS runway on the airport zone map.

(2)

"Non-ILS (non-instrument landing system) runway" means a runway other than an ILS runway.

Slope means a numerical expression of stated relationship of horizontal distance to height (e.g., 20:1 means 20 feet of horizontal distance for each one foot of vertical height).

Structure, condition or effect means any object of whatever material and design installed or constructed by man, including but not limited to buildings, smokestacks and antennas; and conditions or effects capable of refracting and reflecting light; or reflecting, impeding and absorbing electronic signals and obscuring vision.

(UDC 2010, § 3.3; Ord. No. 70-485, § 2, 11-23-1970)

The following airport zones are hereby established and are applicable to any airport identified in this article:

(1)

Airport zones related to an airport reference point (ARP):

a.

Horizontal zone.

b.

Conical zone.

(2)

Airport zones related to runways:

a.

Primary zone.

b.

ILS approach zone.

c.

Non-ILS approach zone.

d.

Transitional zone.

(3)

Airport zone related to general ground terrain outside of zones enumerated in subsections (1) and (2) of this section.

(UDC 2010, § 3.12; Ord. No. 70-485, § 3, 11-23-1970)

The boundaries of the zones as established and described herein except the zone related to the general ground terrain are as shown and identified on an airport zone map or maps incorporated in this article and made part hereof as follows:

Richards-Gebaur Air Force Base Airport Zone Map identified as Document 157-D-31 and dated February 25, 1969.

(UDC 2010, § 3.13; Ord. No. 70-485, § 4, 11-23-1970)

Editor's note— The zone maps referred to in this section are on file with Ordinance No. 70-485 in the office of the city clerk.

The following imaginary surfaces, related to the airport reference point (ARP), are hereby established:

(1)

Horizontal surface. A circular plane, 140 feet above the airport elevation with a radius from the airport reference point of:

a.

5,000 feet for an airport with its longest runway no more than 3,200 feet in length.

b.

7,000 feet for an airport with a runway more than 3,200 feet but not more than 6,000 feet in length.

c.

11,500 feet for an airport with a runway more than 6,000 feet but not more than 7,500 feet in length.

d.

13,200 feet for an airport with a runway more than 7,500 feet in length.

(2)

Conical surface. A surface extending from the periphery of the horizontal surface outward and upward at a slope of:

a.

20:1 for the horizontal distances, and to the heights above the airport elevation of:

1.

3,000 feet to a height of 299 feet for an airport with its longest runway no more than 3,200 feet in length.

2.

5,000 feet to a height of 399 feet for an airport with a runway more than 3,200 feet, but not more than 6,000 feet in length.

3.

7,000 feet to a height of 499 feet for an airport with a runway more than 6,000 feet, but not more than 7,500 feet in length.

b.

52.8:1 for 18,480 feet to a height of 499 feet above the airport elevation for an airport with a runway more than 7,500 feet in length.

(UDC 2010, § 3.14; Ord. No. 70-485, § 5, 11-23-1970)

The following imaginary surfaces related to runways are hereby established:

(1)

Primary surface. A surface longitudinally centered on a runway and extending in length 200 feet beyond each end. The elevation of any point on the longitudinal profile of a primary surface, including the extensions, coincides with the elevation of the center line of the runway or extension, as appropriate. The width of the primary surface is:

a.

250 feet for runways 3,200 feet or less in length.

b.

400 feet for runways more than 3,200 feet, but not more than 4,200 feet in length.

c.

500 feet for non-ILS runways more than 4,200 feet in length.

d.

1,000 feet for ILS runways.

(2)

ILS approach surface. A surface longitudinally centered on the extended center line of an ILS runway, beginning at the end of the primary surface, extending outward and upward at a slope of 50:1 to a height of 500 feet above the airport elevation and then continuing horizontally to a distance of 50,000 feet from the end of the primary surface. This surface is 1,600 feet at a distance of 50,000 feet from the end of the primary surface.

(3)

Non-ILS approach surface. A surface longitudinally centered on the extended center line of a non-ILS runway, beginning at the end of the primary surface, with slopes and dimensions as follows:

a.

Runways of 3,200 feet or less in length. The surface begins 250 feet wide at the end of the primary surface and extends outward and upward at a slope of 20:1, expanding uniformly to a width of 2,250 feet at a horizontal distance of 10,000 feet.

b.

Runways more than 3,200 feet, but not more than 4,200 feet in length. The surface begins 400 feet wide at the end of the primary surface and extends outward and upward at a slope of 40:1, expanding uniformly to a width of 2,400 feet at a horizontal distance of 10,000 feet.

c.

Runways more than 4,200 feet in length. The surface begins 500 feet wide at the end of the primary surface and extends outward and upward at a slope of 40:1, expanding uniformly to a width of 2,500 feet at a horizontal distance of 10,000 feet.

(4)

Transitional surfaces. These surfaces extend outward and upward, at right angles to the runway center line, at a slope of 7:1 from the edges of the primary and the approach surfaces until they intersect the horizontal or conical surface.

(UDC 2010, § 3.15; Ord. No. 70-485, § 6, 11-23-1970)

The imaginary surface related to general ground terrain is a surface bounded by the outermost boundaries of the imaginary surfaces described in sections 8-23 and 8-24 and the city limits, and shall be 500 feet above the ground.

(UDC 2010, § 3.16; Ord. No. 70-485, § 7, 11-23-1970)

In any airport zone established by this chapter, no structure, object of natural growth or terrain shall be erected, altered, allowed to grow or maintained to a height in excess of the height limit herein established:

(1)

Primary zone. Nothing shall project above the primary surface except as required and as necessary and incidental to airport operations or recommended by or in accordance with the rules of the Federal Aviation Administration.

(2)

Other zones. Nothing shall project above the imaginary surfaces as described in sections 8-23, 8-24 and 8-25 except as otherwise provided by this chapter.

(UDC 2010, § 3.17; Ord. No. 70-485, § 8, 11-23-1970)

Except as otherwise provided in this article, it shall be unlawful to establish, create or maintain within any zone hereby created, any of the following conditions or effects:

(1)

One which produces smoke, steam and/or dust, that interferes with the use of the airport.

(2)

One which creates electronic interference with communication facilities, landing or navigational aids, radar installations or other electronic equipment used in the operation of the airport or aircraft in the vicinity.

(3)

Lighting which makes it difficult for pilots to distinguish between airport lights and other lights, results in glaring in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft.

(4)

Installation of overhead transmission lines or transformer stations in the approach zones for the ILS runway or runways for a longitudinal distance outward from the ends of the runway 4,000 feet, and laterally from the runway center lines as extended for a distance of 2,000 feet.

(UDC 2010, § 3.18; Ord. No. 70-485, § 9, 11-23-1970)

It shall be the duty of the city inspector to administer and enforce the regulations prescribed herein and to determine that any height, condition or effect conforms with the provisions of this chapter.

(UDC 2010, § 3.19; Ord. No. 70-485, § 10, 11-23-1970)

(a)

Future uses. No material change shall be made in the use of land and no structure shall be erected, altered, planted or otherwise established in an imaginary surface as defined herein in sections 8-23, 8-24 and 8-25, unless a permit therefor shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use or structure would conform to the regulations herein prescribed.

(b)

Existing nonconforming uses. Before any existing nonconforming height, condition or effect may be replaced, substantially altered or repaired, rebuilt or allowed to grow higher within any airport zone, a permit must be secured authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of an air navigation obstruction, or permit a nonconforming use or structure to be made or become higher, or become a greater hazard to air navigation than it was on November 23, 1970, or than it is when the application for a permit is made.

(UDC 2010, § 3.20; Ord. No. 70-485, § 11, 11-23-1970)

(a)

Appeals from the decision of the building code inspector may be filed with the board of zoning adjustment in accordance with present or hereafter adopted procedures established by the rules and regulations of the board of zoning adjustment. Appeals from the building code inspector shall be accompanied by a filing fee in the amount of $100.00. The appeal shall also be accompanied by a statement from the building code inspector, which sets forth the nature and extent to which the height, condition or effect does not conform to the provisions of this chapter. The application shall further affirm that notice of appeal has been filed with the Federal Aviation Administration. The applicant shall further submit a copy of the appeal, and all attachments thereto, and file them with the city manager.

(b)

The city manager shall file a recommendation regarding the appeal to the board of zoning adjustment. The board of zoning adjustment may request further recommendation from the Federal Aviation Administration or such other sources as necessary to render a proper determination.

(c)

Any variance granted by the board of zoning adjustment shall be so conditioned as to require the owner of the structure to install, operate and maintain thereon such a marker, paint or lights necessary to indicate to fliers the presence of such structure and as detailed by current Federal Aviation Administration standards.

(UDC 2010, § 3.21; Ord. No. 70-485, § 12, 11-23-1970)

Whenever the building inspector determines that a nonconforming height, condition or effect or use has been abandoned, or that such structure, as defined herein, is a dangerous building or structure, he shall make a report to the city council and take such necessary action as directed by the city council, or as may be required of him or her by the ordinances of the city.

(UDC 2010, § 3.22; Ord. No. 70-485, § 13, 11-23-1970)

(a)

Each violation of the regulations of this chapter or of any order or ruling promulgated hereunder shall constitute an air navigation obstruction and a misdemeanor, and such obstruction shall be removed by proper legal proceedings and such misdemeanor shall be punished by a fine of not more than $500.00 and each day a violation continues to exist shall constitute a separate offense.

(b)

In addition, the city council may institute in the Circuit Court of Cass County an action to prevent and restrain, correct or abate any violation of the regulations of this chapter or of any order or ruling made in connection with its administration or enforcement, and the court shall adjudge such relief by way of injunction (which may be mandatory) or otherwise as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of the regulations of this chapter and orders and rulings made pursuant thereto.

(UDC 2010, § 3.23; Ord. No. 70-485, § 14, 11-23-1970)