It is the intent and purpose of this Article to provide the necessary safety and protection to the users of the Marine City Airport and to the people who live, work and use property in its vicinity. ^[30]

(Ord. of 7-25-07)

This Article establishes regulations for all land uses located within twenty thousand (20,000) feet from any point along the edge of the planned runways for the Marine City Airport†. In effect, this Article establishes a large bowl of air around and above the airport for a distance of twenty thousand (20,000) feet from all points along the edges of the planned runways and from the bottom imaginary plane of which the heights of all trees and structures shall be at least twenty-five (25) feet distant below the said plane.

(Ord. of 7-25-07)

Structures and trees which project above the height limitations are considered hazards to flying and endanger lives and property. The prescribed height limits are not arbitrarily set, but are based on past experience and studies made by the Michigan Aeronautics Commission and by the Federal Aviation Administration. Height limits are based upon the established elevation of the airport or upon the elevation of the end of the nearest runway.

(Ord. of 7-25-07)

This Article does not affect existing structures, the height of which exceeded the limits imposed by this Article as of the effective date hereof. New construction, and construction increasing the height of existing structures, within the prescribed distances of the airport, must conform to the provisions on height limitations specified in Section 132.1110. This Article also restricts such use of land within the vicinity of the airport as will unreasonably interfere with radio communications systems and other navigational aids or devices used by the airport and aircraft, or would reduce visibility or would create confusing lights.

(Ord. of 7-25-07)

This Article contains provisions for the granting of variances of the height limits by the Zoning Board of Appeals in event of practical difficulty or unnecessary hardship, if the requested variance would not be contrary to the public interest and safety. It is the intent of the Township Board and the Zoning Board of Appeals, with the cooperation of the public, to have this Article administered in a reasonable and just manner in keeping with the responsibilities involved.

(Ord. of 7-25-07)

1.

AIRPORT - means the Marine City Airport and all appurtenances used or acquired for airport buildings or other airport facilities, and all other appurtenant rights-of-way or other interests either heretofore or hereafter established.

2.

AIRPORT HAZARD - means any structure or tree which within the airport hazard area which exceeds the height limitations established by this Article, or any use of land or of appurtenances thereto within the airport hazard area which interferes with the safe use of the airport by aircraft.

3.

AIRPORT HAZARD AREA - means any area of land or water, or both, lying within the radius prescribed in Section 132.1110 and on the map entitled Airport Hazard Area.

4.

ABOVE MEAN SEA LEVEL - when used in this Article or on the accompanying Marine City Airport Maps*, denotes elevations above sea level as based upon and determined by reference to United States Coast and Geodetic Survey datum.

5.

NONCONFORMING USE - means any structure, tree or use of land which does not conform to regulations prescribed in this Article or any amendment thereto as of the effective date of such regulations.

6.

PERSON - means any individual, firm partnership, corporation, company, association, joint stock association, municipal corporation or other body politic, and including any trustee, receiver, assignee or other similar representative thereof.

7.

STRUCTURE - means any object constructed or installed by man, including but without limitation, buildings, towers, smokestacks, overhead transmission lines, radio and television aerials and antennae, but not including highways and their appurtenances.

8.

TREE - means any object of natural growth.

9.

ZONING ADMINISTRATOR - means the Cottrellville Township official who is designated by the Cottrellville Township Board and charged with the administration and enforcement of the provisions of this Article.

(Ord. of 7-25-07)

1.

Airport Hazard Area. There is hereby established an airport hazard area, which area or zone consists of all the lands within Cottrellville Township lying beneath the airplane takeoff and approach, transitional, conical and horizontal surfaces of the airport, said land being located within a circle having a radius extending horizontally from the edges of all runways as prescribed in Section 132.1110. and on the map entitled Airport Hazard Area.

2.

Legal height and land use limitations. From and after the effective date of this Article, it shall be unlawful for any person to erect any structure or allow any tree to grow to a height in excess of the limitations prescribed by the terms of this Article and the attached maps; or to establish any use of lands contrary to the provisions of this Article.

3.

Unlawful land uses. Notwithstanding any other provisions of this Article, it shall be unlawful to put any lands within the Airport Hazard Area to any use which would:

a.

Create electrical interference with radio communication between the airport and aircraft or create interference with navigational aids employed by aircraft;

b.

Make it difficult for flyers to distinguish between airport lights and other lights or result in glare in the eyes of flyers using the airport;

c.

Create air pollution in such amounts as to impair the visibility of flyers in the use of the airport;

d.

Would otherwise endanger the landing, taking off or maneuvering of aircraft; or

e.

Would attract birds.

4.

Nonconforming existing heights of land uses. The provisions of Subsection 2. (Legal height and land use regulations) of this Section shall not apply to structures, trees or other nonconforming uses as the same may exist in the airport hazard area on the effective date thereof, unless subsequent thereto the Zoning Administrator determines the same to be abandoned, or eighty (80) percent torn down, destroyed, deteriorated, or decayed, in which cases the trees or structures shall not be reoccupied and used except in conformance with the Article and other requirements of this Zoning Ordinance, and the nonconformance portions of the trees or structures shall be removed to the extent necessary to gain conformance to this Article.

5.

Alternatives to nonconforming heights and land uses. The provisions of Subsection 2. (Legal height and land use regulations) of this Section shall apply to changes or alterations in existing structures, trees or other nonconforming uses after the date hereof, and any increase in the height thereof, with the same force and effect as though the same were new uses.

(Ord. of 7-25-07)

1.

Height limitation standards. It may be necessary for the Zoning Administrator to refer to the published standards for the approach, transitional, conical and horizontal surfaces as described in Approach Standards and/or Regulations of the Michigan Aeronautics Commission and/or the Federal Aviation Administration. The Zoning Administrator shall calculate proper height limitations by interpolating between the aerial elevations and determined from the Airport Hazard Area Map with specific reference to the exemplary cross-section for determining height limitations for trees and structures.

2.

Administrative Official. The Cottrellville Township Zoning Administrator is hereby charged with the duty of administering and enforcing the provisions of this Article. The duties of the Zoning Administrator shall include those of issuing permits as hereinafter required, but the Administrator shall not have or exercise any of the powers or duties herein delegated to the Zoning Board of Appeals. The Zoning Administrator may adopt such administrative procedures as may be necessary in connection with the administration and enforcement of this Article, subject to the approval of the Township Board.

3.

Zoning Board of Appeals. The Zoning Board of Appeals, as established by this Zoning Ordinance shall have jurisdiction over the granting of variances under this Article, except that the granting of such variances shall be conditioned by the recommendations which are submitted to the Zoning Board of Appeals by the Michigan Aeronautics Commission and/or the Federal Aviation Administration prior to the granting of such variances. The Zoning Board of Appeals shall adopt rules and procedures under the provisions of this Article so that it can be properly administered and variances granted in a uniform and equitable manner.

4.

Certificates of variance. Applications for certificates of variance shall be submitted on such forms as shall be provided for by the rules of the Zoning Board of Appeals, and if the application be granted, the applicant shall be provided a certificate of variance in such form as shall be prescribed by such rules. Provided that said certificate shall include the provision that it is not to be effective for a period of thirty (30) days following the date of its issuance, and immediately upon issuance a copy thereof shall be filed with the Michigan Aeronautics Commission and a copy with the Township Board. In acting upon applications for variance, variances shall be allowed where a literal application of such regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest and approach protection standards, but would do substantial justice and be in accordance with the spirit of the regulations of this Article; provided, however, that any such variance may be allowed subject to any reasonable condition or conditions subsequent that the Zoning Board of Appeals may deem necessary to effectuate the purpose of this Article. Provided further that nothing in this Section shall be construed to permit a use which would conflict with any other zoning regulations applicable to the same area.

5.

Application procedure. Applications for Zoning Permits shall be made upon forms furnished by the Zoning Administrator, and the Administrator shall within fifteen (15) days from the filing thereof determine whether the height limitations as regulated by this Article, would or would not be violated if such application be granted and shall grant or deny said application accordingly (said Administrator not being vested with authority to permit a variance) and advise applicant of the action within three (3) days after the same has been determined. The force and effect of a denial shall be to leave the applicant free to apply to the Zoning Board of Appeals for a variance. It is intended that the maximum height limitation to be imposed by this Article shall be twenty-five (25) feet or below the 1′:100′ flight approach path as required in Section 132.1110, whichever is greater. Provided further that the issuance of a permit shall not be construed to permit a use that violates any other zoning ordinance requirements or other regulations applicable to the same area, lot or parcel.

6.

Exception for emergency utility repairs. No permit under the provisions of this Article shall be required for the emergency repair or replacement of nonconforming public utility structures, other than buildings, when the height of such structures will not be increased by such emergency repairs or replacement. It is intended that in the application of this provision any combination of circumstances calling for immediate action or remedy in the repair or replacement of such nonconforming public utility structures shall be deemed an emergency.

(Ord. of 7-25-07)

Appeals to Circuit Court. Any person, including the Michigan Aeronautics Commission or the Federal Aviation Administration on behalf of and/or in the name of the State or Federal government, aggrieved by an decision of the Zoning Administrator or Zoning Board of Appeals, may appeal to the Circuit Court of the County of St. Clair as provided in Section 30 of Act No. 23, of the Public Acts of the State of Michigan for the year 1950 (Extra Session), The Airport Zoning Act.

(Ord. of 7-25-07)

No tree or structure shall come closer than twenty-five (25) feet to an imaginary surface or plane extending outwards and upwards at the rate of one (1) foot rise for every one hundred (100) feet of horizontal distance within twenty thousand (20,000) feet of the nearest point of all runways.

(Ord. of 7-25-07)

This FAR is hereby made a part of this Article. This Article is not intended to conflict with existing State and Federal approach protection regulations. The Federal Aviation Administration requires that they be given notice of any construction or alteration:

1.

That would be more than two hundred (200) feet above ground level at its site.

2.

That would be above an imaginary surface extending outwards and upward at one hundred (100) to one (1) slope within twenty thousand (20,000) feet of the nearest point of a runway more than three thousand two hundred (3,200) feet in length.

3.

That would be above an imaginary surface extending outward and upward at 50:1 slope within ten thousand (10,000) feet of the nearest point of a runway less than three thousand two hundred (3,200) feet in length.

(Ord. of 7-25-07)