A.   The enactment of this chapter shall not:

      1.   Affect suits pending or rights existing immediately prior to the effective date hereof; or

      2.   Impair, void or affect any grant or conveyance made or right acquired or cause of action now existing under any repealed provision or amendment thereto.

   B.   The provisions of this chapter, insofar as they are the same or substantially the same as those of any prior ordinance, shall be construed as a continuation of the prior ordinance and not as a new enactment.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   A.   It is hereby found that an airport hazard endangers the lives and property of users in the Brigham City airport and of occupants of land or to property in its vicinity. Such hazard also reduces the size of the area available for landing, taking off and maneuvering of aircraft, and it tends to destroy or impair the utility of the Brigham City municipal airport and the public investment therein.

   B.   Accordingly, it is declared that:

      1.   The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Brigham City municipal airport;

      2.   It is necessary in the interest of public health, public safety and general welfare that the creation or establishment of an airport hazard be prevented; and

      3.   The prevention of those hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

   C.   It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire lands or interests in land.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   A.   These regulations reinforce specific provisions in the Brigham City municipal airport master plan (May 2, 1996), as amended, and the Brigham City general plan (January 15, 1998), as amended.

   B.   The boundary of any officially recognized airport overlay zones shall be as it appears on a map and/or other documents approved by the town council.

   C.   Note that only two (2) overlay zones apply to the town, airport influence area (AIA) and traffic pattern zone (TPZ).

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

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

AIRPORT: The Brigham City municipal airport, or any area of land designated and used for the landing and taking off of aircraft.

HEIGHT: For the purpose of determining the height limits in all zones set forth in subsection 9-11-10G of this chapter and shown on the zoning map, the datum shall be the mean sea level (MSL) elevation, unless otherwise specified.

RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.

VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   A.   Designated: The town planning commission is designated as the airport zoning commission, as prescribed in Utah Code Annotated section 72-10-405.

   B.   References To Commission: In this title and state law, any references to the airport zoning commission shall mean the town planning commission.

   C.   Powers: If the planning commission is empowered in this title to take actions that are duties of the airport zoning commission as prescribed in state law, the planning commission shall be presumed to be functioning as the airport zoning commission.

   D.   Duties: The airport zoning commission shall recommend boundaries of the various zones to be established and the regulations to be adopted pertaining to any airport hazard area, and to perform such other duties as may be assigned to it by the town council or state law.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   A.   Designated: The town board of adjustment is designated as the airport board of adjustment, as prescribed in Utah Code Annotated section 72-10-408.

   B.   References To Board: In this title and state law, any references to the airport board of adjustment shall mean the town board of adjustment.

   C.   Powers: If the board of adjustment is empowered in this title to take actions that are duties of the airport board of adjustment as prescribed in state law, the board of adjustment shall be presumed to be functioning as the airport board of adjustment.

   D.   Duties: The airport board of adjustment shall hear issues pertaining to any airport hazard area and to perform such other duties as may be assigned to it by the town council or state law.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

The following table indicates the uses and conditions required of those uses within the five (5) designated zones for the airport:

 

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   All uses and regulations pertaining to the airport overlay zone shall be in compliance with and subject to the provisions of the airport master plan, airport layout plan and noise contour map as adopted by the town council, or as amended, and is incorporated into this chapter by reference as it pertains to airport land uses.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

In order to carry out the provisions of this chapter, there are hereby 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 Brigham City municipal airport. 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.   Airport Influence Area (AIA): An area which is recognized by the town council as containing lands which might be affected by noise and/or safety hazards associated with aircraft operations associated with Brigham City municipal airport. The AIA extends from the airport to the outer edge of the conical surface.

   B.   Traffic Pattern Zone (TPZ): This zone extends from the centerline of runway 34/16 to the outer edge of the horizontal surface.

   C.   65 Ldn Noise Area (NA): The area within the sixty five (65) decibel yearly day-night average sound level.

   D.   Inner Approach Zone (IAZ): The area within the FAR part 77 approach surface for each runway.

      1.   Runway 16 Approach Zone: An approach zone is established at the end of runway 16 for utility landings and takeoffs. The approach zone shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond the end of the runway, widening thereafter uniformly to a width of one thousand ten feet (1,010') at a distance of one thousand seven hundred feet (1,700') beyond the end of the runway, its centerline being the continuation of the centerline of the runway. The approach zone shall rise one foot (1') in height for each twenty feet (20') in horizontal distance beginning at a point two hundred feet (200') from and at the centerline elevation of the runway and extending to a distance of five thousand feet (5,000') from the end of the runway.

      2.   Runway 34 Precision Approach Zone: A precision instrument approach zone is established at the end of runway 34. The precision instrument approach zone shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond the end of the runway; widening thereafter uniformly to a width of one thousand seven hundred fifty feet (1,750') at a distance of two thousand seven hundred feet (2,700') beyond the end of the runway. The precision instrument approach zone shall rise one foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the centerline elevation of the precision instrument runway and extending to a point ten thousand two hundred feet (10,200') from the end of the runway.

   E.   Outer Approach Zone (OAZ): The area within the FAR part 77 outer approach surface for runway 34 is established at ten thousand two hundred feet (10,200') from the end of runway 34, with a width of two thousand five hundred feet (2,500') widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond the end of the runway. This approach zone will rise one foot (1') in height for each forty feet (40') in horizontal distance beginning at a point ten thousand two hundred feet (10,200') from and at the centerline elevation of the precision instrument runway and extending to a point fifty thousand two hundred feet (50,200') from the end of the runway.

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

   G.   Horizontal Zones: The horizontal zone is established by swinging arcs of ten thousand foot (10,000') radii from the center of each end of the primary surface of runway 34/16 and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

   H.   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 feet (4,000').

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   A.   Uses: Conforming uses only.

   B.   Regulations And Development Standards: All uses in the airport overlay zones shall be subject to the regulations of this chapter and prescribed development standards within the airport master plan, as amended.

   C.   Hazards: Creation of airport hazards is prohibited.

   D.   Enhancing Airport Hazard: No variance, permit or use shall be allowed in the airport hazard area that would create or enhance an airport hazard, except as allowed by Box Elder County ordinances, specifically ordinances 177, 254 and 272, which outline Box Elder County burn ordinance and burn permits, or related ordinances.

   E.   Use And Operational Limitations Within The Airport Overlay Zones:

      1.   No use shall be permitted which:

         a.   Creates or tends to create electrical interference to navigational devices and communication between aircraft and airports.

         b.   Creates or tends to create gas, smoke, dust, glare or other visual hazards in the atmosphere around airports or in the airport hazard area.

         c.   Creates or tends to create structures that interfere with aircraft safety.

         d.   Creates or tends to create any type of hazard for the airport that would inhibit or constrain safe and acceptable airport operations.

      2.   Except as exempted in subsection F3 of this section, or 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. Such applicable height limitations are hereby established for each of the zones in question as follows:

         a.   Runway 16 visual approach zone: One foot (1') in height for each twenty feet (20') in horizontal distance beginning at a point two hundred feet (200') from and at the centerline elevation of the end of the runway and extending a distance of five thousand two hundred feet (5,200') from the end of runway 16.

         b.   Runway 34 precision instrument approach zone: One foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the centerline elevation of the end of the runway and extending a distance of ten thousand two hundred feet (10,200') from the end of the runway.

         c.   Transitional Zone: One foot (1') in height for each seven feet (7') in horizontal distance beginning at any point two hundred fifty feet (250') normal to and at the elevation of the centerline of the runway, extending two hundred feet (200') beyond each end thereof, and five hundred feet (500') normal to and at the elevation of the centerline of the runway, extending two hundred feet (200') beyond each end thereof, extending to a height of one hundred fifty feet (150') above the airport elevation. In addition, there are established height limits of one foot (1') vertical height for each seven feet (7') horizontal distance measured from the edges of all approach zones for the entire length of the approach zone and extending upward and outward to the points where they intersect the horizontal or conical surfaces.

         d.   Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of four thousand two hundred twenty five and one-half feet (4,225.5') above mean sea level (MSL).

         e.   Conical Zone: Slopes twenty feet (20') outward for each one foot (1') upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation (4,375.5 feet MSL) and extending to a height of three hundred fifty feet (350') (4,725.5 feet MSL) above the airport elevation.

      3.   Exemptions to height limitations include:

         a.   Any object that would be shielded by existing structures of a permanent and substantial character, or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town or settlement where it is beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.

         b.   Structures up to and including thirty five feet (35') in height above the ground level at its site where the ground elevation at its site is less than or equal to thirty five feet (35') below the height limitations defined in subsection 9-11-9F2 of this chapter, and is beyond all reasonable doubt that the structure will not adversely affect safety in air navigation. If in doubt, submission of FAA form 7460-1, notice of proposed construction (as described in section 9-11-11 of this chapter), shall be used to determine its effect on safety in air navigation.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   A.   Required: Except as provided in subsection B of this section, and in addition to all other local notification and permitting requirements, each person who proposes any of the following construction or alteration shall complete and submit an FAA form 7460-1, notice of proposed construction, to the local jurisdiction and to the federal aviation administration in accordance with federal aviation regulation part 77, object affecting navigable airspace.

      1.   Any construction or alteration of more than two hundred feet (200') in height above the ground level at its site.

      2.   Any construction or alteration of greater height than an imaginary surface extending outward and upward at a slope of one hundred to one (100:1) for a horizontal distance of twenty thousand feet (20,000') from the nearest point of the nearest runway at the Brigham City municipal airport.

   B.   Exemptions: Exemptions from notification include:

      1.   Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town or settlement where it is beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.

      2.   Any antenna structure twenty feet (20') or less in height, except one that would increase the height of any antenna structure.

   C.   Time Of Notice: The notice required under subsection A of this section must be submitted at least thirty (30) days before the earlier of the following dates:

      1.   The date the proposed construction or alteration is to begin.

      2.   The date an application for a construction permit is to be filed.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)

   The town council may adopt by resolution or enact by ordinance uniform development standards and procedures for facilities within the airport property.

(Ord., 9-5-2006; amd. Ord. 25-01, 2-18-2025)