(A)   Short Title: This Chapter shall be known and may be cited as the "Cascade Airport Zoning Chapter".

   (B)   Purpose: The purpose of this Chapter shall be to promote the safety and general welfare of the people of the City and the aviation public utilizing the Cascade Airport by:

      1.   Establishing zoning districts on and in the vicinity of the Cascade Airport;

      2.   Establishing height limitations of structures and growth within the zoning districts;

      3.   Limiting construction of structures which could cause electrical interference with navigational signals or radio communication between the airport and aircraft;

      4.   Limiting construction of structures which could make it difficult for pilots to distinguish between airport lights and others;

      5.   Limiting construction of structures which could result in glare in the eyes of pilots using the airport;

      6.   Limiting construction of structures which could impair visibility in the vicinity of the airport;

      7.   Limiting the creation of bird strike hazards; and

      8.   Limiting construction which otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

   (C)   Compliance with Laws: If there is a conflict with State or Federal laws, different from the provisions of this Chapter, compliance with the State or Federal law shall be sufficient to give action validity.

   (D)   Penalty: Each violation of this Chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than three hundred dollars ($300.00) or imprisonment in the County jail for not more than thirty (30) days or both; and each day a violation continues to exist shall constitute a separate offense.

   (E)   Establishment of Zones: In order to carry out the provisions of this Chapter, there are hereby created and established zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Cascade Airport. Such zones are shown on the Cascade Airport Zoning Map, which is attached to this Chapter and made a part thereof. 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:

      1.   Runway Visual Approach Zone.

      2.   Transitional Zone.

      3.   Horizontal Zone.

      4.   Conical Zone.

   (F)   Severability: If any of the provisions of this Chapter or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable.

   (A)   Minimum Requirements: Interpretation and applying the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the safety, and promotion of the general welfare of the residents of the City and the aviation public utilizing the Cascade Airport.

   (B)   Interpretation: Where this Chapter imposes greater restrictions upon the height of structures than are imposed or are required by other regulations, the provisions of this Chapter shall control.

   (C)   Use Restrictions: Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Chapter 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.

   (D)   Nonconforming Uses:

      1.   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 of this Chapter, or otherwise interfere with the continuance of a nonconforming use. 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 of this Chapter, 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 Airport Manager 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 City.

As used in this Chapter, unless the context otherwise requires:

AIRPORT: Cascade Municipal Airport.

AIRPORT ELEVATION: Four thousand seven hundred thirty nine feet (4,739') above mean sea level.

AIRPORT MANAGER: The person appointed by the Council to administer the operation of the Cascade Airport.

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. In plan, 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 Section 3-4-4 of this Chapter.

COMMISSION: The Cascade Planning and Zoning Commission.

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

COUNCIL: The Cascade City Council.

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 the purpose of determining the height limits in all zones set forth in this Chapter, 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 coincides with the perimeter of the horizontal zone.

NONCONFORMING USE: Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Chapter or an amendment thereto.

OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 3-4-4 of this Chapter.

PERMIT: An official document or certificate issued authorizing performance of a specified activity.

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 surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 3-4-4 of 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 takeoff of aircraft along its length.

STRUCTURE: An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, 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.

Except as otherwise provided in this Chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Chapter to a height in excess of the applicable height limit herein established for such zone.

   (A)   Runway Visual Approach Zone:

      1.   The inner edge of this approach 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.

      2.   The 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.

   (B)   Transitional Zones:

      1.   The transitional zones are the areas beneath the transitional surfaces.

      2.   The 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 four thousand seven hundred thirty nine feet (4,739') 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.

   (C)   Horizontal Zones:

      1.   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 zones do not include the approach and transitional zones.

      2.   The horizontal zone is established at one hundred fifty feet (150') above the airport elevation or at a height of four thousand eight hundred eighty nine feet (4,889') above mean sea level.

   (D)   Conical Zones:

      1.   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').

      2.   The 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.

   (E)   Excepted Height Limitations: 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.

   (A)   Future Uses: Except as specifically provided in 1, 2, and 3 of this subsection 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.

      1.   In the area lying within the limits of the horizontal zone and conical zone, approval of the Airport Manager shall not 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.

      2.   In areas lying within the limits of the approach zone, but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runway, approval of the Airport Manager shall not 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 zone.

      3.   In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, approval of the Airport Manager shall not 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.

      4.   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 except as set forth in Section 3-4-5(E).

   (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 Chapter or any amendments thereto or than it is when the application for a permit is made.

   (C)   Nonconforming Uses, Abandoned or Destroyed: Whenever the Airport Manager 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: 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 Commission for a variance from such regulations.

   (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 Commission, this condition may be modified, with approval of the Council, to require the owner to permit the Cascade Works Department to install, operate, and maintain the necessary markings and lights.

   (F)   Application for Permits:

      1.   Building Permit: To obtain a permit, the applicant shall first file an application therefor in writing, on a form furnished by the office of the City Clerk.

         (a)   The contents of the application shall be in conformance with Title 2, Cascade City Code.

         (b)   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 resulting use, structure, or tree would conform to the regulations herein prescribed.

         (c)   No permit for use inconsistent with the provisions of this Chapter shall be granted unless a variance has been approved in accordance with Section 3-4-5(F)2.

      2.   Variance Permit: To obtain a variance permit, the applicant shall submit a written application to the Commission containing:

         (a)   A description of the nature of the variance requested;

         (b)   A narrative statement demonstrating that the requested variance conforms to the following standards:

            (1)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

            (2)   That special conditions and circumstances do not result from the action of the applicant;

            (3)   That compliance with the requirements of this Chapter create an undue hardship upon the applicant; and

            (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Section, to other lands, structures, or buildings in the same district.

         (c)   A description of the land on which the proposed variance is requested, that will readily identify and definitely locate the property.

         (d)   A letter of 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.

         (e)   The post office addresses of all adjoining property owners of the subject property.

   (G)   Issuance of Permits:

      1.   Building Permit: The application for a building permit, along with the plans and specifications and other data required, shall be reviewed by the Building Official. If the Building Official finds that the work described in an application for the permit, and the plans and specifications and other data filed, therewith, conform to the requirements of this Chapter and other pertinent laws and ordinances, he shall issue the permit.

      2.   Variance Permit: If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed do not conform to the requirements of this Chapter and other pertinent laws and ordinances, he shall require that the applicant also submit a request for variance as prescribed in Section 3-4-5(F)2. The Building Official shall submit the application, with a recommendation, to the Commission for a decision or recommendation.

      3.   The Commission shall have a minimum of fifteen (15) days, after receipt of the application from the Building Official, in which to examine the application and related data.

      4.   After examination of the application, the Commission shall have a maximum of fifteen (15) days, at which time a decision must be rendered, or a recommendation, on the application, is submitted to the Council.

      5.   Whenever the Commission grants or denies a permit, it shall specify:

         (a)   The ordinance and standards used in evaluating the application;

         (b)   The reasons for approval or denial; and

         (c)   The actions, if any, that the applicant could take to obtain a permit.

      6.   Upon approval of an application for a permit, the Commission will return the application to the Building Official, for issuance of the permit.

   (A)   General:

      1.   Upon receipt of an application for a variance, the Commission shall set a date for and hold a public hearing as outlined in Section 3-4-6(B).

      2.   A filing fee of twenty five dollars ($25.00) will accompany each application for a variance, and an additional amount will be paid, by the applicant, for actual costs of notice mailing and notice publication of hearing. This additional amount will be paid prior to the conducting of the public hearing.

   (B)   Public Hearings:

      1.   Prior to granting a variance, the Commission shall conduct at least one public hearing, in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time, place, and a summary of the proposal, to be discussed, shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners within three hundred feet (300') of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposal, as determined by the Commission; and

      2.   Within fifteen (15) days after a public hearing the Commission shall approve, or recommend to the Council disapproval of the request.

   (C)   Appeals:

      1.   Within twenty (20) days after final action on any permit by the Commission, an appeal of that decision may be filed by the applicant with the Council. Such appeal shall be in writing, stating the error(s) of the Commission, with particularity, and shall be filed with the City Clerk prior to the expiration of the said twenty (20) days; and

      2.   The Council shall set a time and place for hearing of such appeal, which hearing shall be held within twenty (20) days of the filing date of such appeal, and cause notice of such time and place to be delivered to the appellant and the respondent, and publish one notice thereof, requiring all other persons wishing to participate in such appeal to file with the City Clerk, at least five (5) days prior to the time set for the hearing, a statement of their position, and appear at such hearing in support of their statement. Failure to file such statement or appear at the hearing shall be deemed a waiver of such appeal.

   (D)   Action by Affected Persons:

      1.   As used herein, an affected person shall mean one having an interest in real property, which may be adversely affected by the issuance or denial of a permit authorizing the development or the use of property; and

      2.   An affected person aggrieved by a decision may within sixty (60) days, after all remedies have been exhausted under local ordinances, seek judicial review under the procedures provided by sections 67-5215(b) thru (g), and 67-5216, Idaho Code.

   (A)   General: Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Council may, by ordinance adopted, after receipt of recommendations thereon from the Commission, amend, supplement, change or repeal the regulations, restrictions, and boundaries.

   (B)   Initiation of Amendments: Amendments to this Chapter may be initiated in one of the following ways:

      1.   By adoption of a motion of the Commission;

      2.   By adoption of a motion of the Council; and

      3.   By a change in Federal Air Regulations.

   (C)   Procedures:

      1.   The Commission shall:

         (a)   Make recommendation to the Council for amendment to this Chapter;

            (1)   Upon receipt of a change to part 77, Federal Air Regulations, from the Airport Manager; and

            (2)   Upon a change in the primary surface of the Cascade Municipal Airport as to length, type of surface (paving), or change in width.

      2.   The Council shall conduct a public hearing using the same procedures as defined in Section 3-4-6(B)1.

Whereas, the immediate operation of the provisions of this Chapter is necessary for the preservation of public health, public safety, and general welfare, an emergency is hereby declared to exist, and this Chapter shall be in full force and effect from and after its passage by the Cascade City Council and publication and posting as required by law. (Ord. 407, 11-14-83, eff. 11-14-83)