This chapter of the Columbus zoning title is adopted pursuant to the authority conferred by MCA 67-4-101 through 67-6-301 and 14 CFR—Chapter I - Part 77. It is found that an obstruction or incompatible use has the potential for endangering the lives and property of users of Columbus Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Columbus Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of Columbus Airport and the public investment therein. Accordingly, it is declared:

A.

The creation or establishment of an obstruction or incompatible use has the potential of being a public nuisance and may injure the region served by the Columbus Airport;

B.

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

C.

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

The intent of this district is to provide a safe area for the landing, takeoff and maneuvering of aircraft. This chapter is intended for the prevention of the creation or establishment of incompatible uses or hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions.

(Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.161), 1997)

In order to carry out the provisions of this title, there are 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 Columbus Airport. Such zones are shown on the Columbus airspace map, which is by this reference made a part hereof. 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 established and defined as follows:

A.

Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet 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, which extend outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

C.

Horizontal Zone. The horizontal zone is established by swinging arcs of five thousand (5,000) feet 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 (4,000) feet.

(Ord. 298 § 1 (part) (11.02.162), 1997)

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

A.

Approach Zone. Slopes twenty (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 five thousand (5,000) feet along the extended runway centerline;

B.

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 one hundred fifty (150) feet above the airport elevation which is one hundred (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 at the same elevation as the approach surface, and extending to where they intersect the conical surface;

C.

Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation;

D.

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

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 (50) feet above the surface of the land.

(Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.163), 1997)

Notwithstanding any other provisions of this title, no use may be made of land or water within any zone established by this title 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.

(Ord. 298 § 1 (part) (11.02.164), 1997)

1.

Agriculture;

2.

Aircraft hangars;

3.

Aircraft repair service;

4.

Air terminals;

5.

Aviation schools;

6.

Aviation services;

7.

Fire and rescue station;

8.

Parking lots;

9.

Storage facilities.

(Ord. 298 § 1 (part) (11.02.165), 1997)

A.

Regulations Not Retroactive. The regulations prescribed by this title 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 title, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this chapter 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 title, and is diligently pursued.

B.

Marking and Lighting. Notwithstanding the preceding provisions of this chapter, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport manager or zoning officer, 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 Columbus Airport.

(Ord. 298 § 1 (part) (11.02.166), 1997)

A.

Future Uses. Except as specifically provided 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 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 prescribed in this chapter. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this title shall be granted unless a variance has been approved in accordance with this title.

1.

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 (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.

2.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (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.

3.

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 (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.

4.

In the areas lying within the limits of the airport impact zone, no permit shall be required for airport facilities approved by the Federal Aviation Administration. No other facilities are allowed.

5.

In the areas lying within the limits of the limited development area zone, a permit is required for all uses as specified in the Columbus municipal zoning regulations within the Columbus zoning jurisdiction. A development permit may be required by the county for any tree or structure lying outside the Columbus zoning jurisdiction and within the limits of the limited development area zone. No zoning use permit is required for agricultural uses or for airplane hangars or other airport facilities approved by the Federal Aviation Administration.

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 title.

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 title 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.

C.

Nonconforming Uses Abandoned or Destroyed. Whenever the airport manager or zoning officer determines that a nonconforming tree or structure has been abandoned or more than eighty (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 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 title, may apply to the board of adjustment for a variance from such regulations as specified in Chapter 17.124. 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 title. Additionally, no application for variance to the requirements of this title 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 fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny such application.

E.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this title 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 allow the airport manager, at the airport's expense, to install, operate and maintain the necessary markings and lights.

(Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.167), 1997)

A conditional use permit in compliance with Chapter 17.84 is required for any use change proposed within the block placement area of the Superfund overlay district of this zone.

(Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.168), 1997)

It shall be the duty of the city of Columbus zoning officer or designated representative to administer and enforce the municipal zoning regulations within the Columbus city-county planning jurisdiction in accordance with MCA 67-4-304.

It is the responsibility of the county planner to administer and enforce the airport regulations for the airport influence area, airport impact and limited development zones within the county planning jurisdiction adopted in accordance with MCA 67-4-101 through 67-6-301.

It is the responsibility of the airport manager to administer and enforce the airport regulations for the airport influence areas, airport impact zones, and limited development area zones; approach, transitional, horizontal and conical zones, in accordance with 14 CFR—Chapter I - Part 77.

Applications for permits and variances shall be made to the responsible governmental entity upon a form published for that purpose. Applications required by this title to be submitted to the responsible governmental entity shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the responsible governmental entity.

(Ord. 321 (part), 2004: Ord. 298 § 1 (part) (11.02.169), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)