This chapter shall be known and may be cited as the Airport Land Use Ordinance and its associated map shall be know and cited as the Airport Zoning Plan.

( Ord. No. 657, § I, 4-9-12 )

This chapter is intended to create the Delhi Municipal Airport Land Use District (District). The purpose of this district is to maintain land use compatibility in the areas influenced by aircraft operations at the Delhi Municipal Airport (airport). Permitted land uses within the district should consider the factors of airport operations, over flight exposure and density of proposed development. A special mandatory review process should study each land use change proposal to determine its compatibility. The district requires that all land use change proposals in the district be considered only after a prior review and comment by the airport board. The imposition of avigation easements will be required for all developments in the district, as well as notice to prospective buyers through fair disclosure. Specific aims of the district are to:

(1)

Minimize exposure of residential and other sensitive land uses in district.

(2)

Encourage compatible land uses within the district and to restrict incompatible land uses within. Incompatible land uses can be defined as:

a.

Residential and other noise sensitive uses.

b.

Congregations of people in approach and departure areas with respect to protection of people and property on the ground.

c.

Manmade and natural structures that can interfere with flight.

d.

Uses which may be affected by vibration or fumes from aircraft operations.

e.

Uses of land on the airport that interfere with areas needed for aviation-related activities.

( Ord. No. 657, § II, 4-9-12 )

(a)

The boundaries of the district shall be as they appear on the current airport zoning plan for the airport or other documents, as approved.

(b)

The degree of protection provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside of the airport influence area district will be totally free from hazards. Nor shall this chapter create a liability on the part of or a cause of action against any governmental jurisdiction or any officer or employee thereof for any damages that may result directly or indirectly from the reliance on this chapter.

(c)

The regulations prescribed in this chapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or object of natural growth not conforming to this chapter as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use.

(d)

Nothing herein contained 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; provided, however, that when the nonconforming structure is destroyed or damaged to the extent of over fifty (50) percednt of the appraised value of the nonconforming structure, any reuse, reconstruction or replacement shall be deemed a new use or shall be subject to the applicable provisions of these regulations.

(e)

The owner of any nonconforming structure or object of natural growth is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed as necessary by the airport board to indicate to aircraft operators in the vicinity of the airport the presence of such nonconforming structures or objects of natural growth. Such markers and lights shall be installed, operated, and maintained at the expense of the airport owner.

( Ord. No. 657, § III, 4-9-12 )

(a)

Height limitations within the district, except as otherwise provided in this section, are subject to the limitation of the district within which the property is located, recommendations of the airport board, and other appropriate jurisdictional agencies.

(b)

14 CFR Part 77 (Part 77) requires submission of Notice of Proposed Construction and Alteration (FAA Form 7460) for any structure penetrating a 100:1 foot plane located within twenty thousand (20,000) feet of any runway.

(c)

Submission of a Notice of Proposed Construction and Alteration (FAA Form 7460) and receipt of FAA Form 7640-9 Determination of No Hazard is required for any proposed structure or development before issuance of a building permit within the district.

(d)

Airport airspace surfaces as defined in Part 77, herein defined as the district, include all land and airspace within the area, which is herein defined to be hazardous to air navigation. These limitations are intended to regulate the height of structures and trees in the airport vicinity. No structure or object of natural growth shall be constructed, erected, altered, allowed to grow, or to be maintained in excess of height limitations within these Part 77 surfaces:

(1)

Primary surface: The primary surface is longitudinally centered on runway centerline. The surface extends two hundred (200) feet beyond each runway end. The elevation of the surface is the same as the most nearby point on runway centerline. This surface is established to protect aircraft on the runway.

(2)

Approach surfaces: The approach surface longitudinally centered on the extended runway centerline and extends outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. This surface is established to protect aircraft during the final landing phase of flight. Exposure to airport noise is considered moderate. Residential and public facilities should be especially reviewed and prohibited in the approach surface zone. Nonresidential development should be restricted as to density and should only be approved provided noise attenuation measures are incorporated into facility design.

(3)

Transitional surfaces: These surfaces extend outward and upward at right angles to the runway centerline and runway centerline extended, at a slope of seven (7) feet horizontal for every one (1) foot of vertical rise from the sides of the primary and approach surfaces, until one hundred fifty (150) feet above the highest point on any runway (airport elevation) is reached.

(4)

Horizontal surface: The horizontal surface is established at one hundred fifty (150) feet above airport elevation.

(5)

Conical surface: The conical surface extends outward and upward from the periphery of the horizontal surface at a slope of twenty (20) feet horizontal for every (1) one foot of vertical up to three hundred fifty (350) feet above horizontal surface elevation.

Note: The airport zoning plan identifies surface dimensions and slopes.

(e)

Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to thirty-five (35) feet above the surface of the ground.

( Ord. No. 657, § IV, 4-9-12 )

(a)

Safety zones within the district are established with the intent to limit those land uses and densities which may be hazardous to the operational safety of aircraft and to limit population and building density in the runway approach areas, thereby creating sufficient vacant space so as to protect life and property in the event of an aircraft accident. In order to carry out the intent of this section and the purpose of this chapter, the inner-approach zone, the approach zone, the extended approach zone and the horizontal/conical zone are all established.

(b)

No uses shall be allowed within the inner-approach zone, approach zone or extended approach zone which may: 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 other lighting, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(c)

Descriptions of and land use limitations associated with each zones are as follows:

(1)

Inner-approach zone: Exposure to aircraft noise within this zone is considered objectionable. Any structure or development is prohibited within this zone.

(2)

Approach Zone: Exposure to airport noise in this zone is considered moderate to objectionable. Limitations on land use changes within this zone are as follows:

a.

Churches, hospitals, schools, theaters, hotels and motels, trailer courts, camp groups, and other like places of public assembly are specifically prohibited.

b.

Other nonresidential development should be restricted with respect to density and should only be approved provided noise attenuation measures are incorporated into facility design.

c.

Residential and public facility proposals for changes in land use in this zone should be stringently reviewed, and in most instances prohibited.

d.

Density standards for site development proposals are identified in the following table. No site development of less than three acre lots shall be allowed. Maximum site design for population shall be fifteen (15) persons per acre. Each site shall have a single build able area identified, within which any number of structures may be sited. Each site shall be a single, uniform, non-contrived area.

(3)

Extended approach zone: Exposure to airport noise is considered moderate. Residential and public facility proposals for changes in land use should be reviewed for noise impacts. Development should be restricted with respect to density.

(4)

Horizontal/conical zone: These are the upper-most Part 77 surfaces surrounding the airport that are used by aircraft for turning and maneuvering in close proximity to the airport preceding landing and immediately after takeoff. Exposure to airport overflight is considered relatively minimal, but increases as the runway ends are approached. Residential construction should be limited to low density development. The siting of public facilities, such as hospitals, schools, churches, etc., should be especially reviewed and noise-sensitive development nearer to each runway end should be discouraged.

Note: The Airport Zoning Plan identifies zones and zone locations.

( Ord. No. 657, § V, 4-9-12 )

(a)

Avigation easement. An avigation easement is a non-possessory property interest in airspace over a land parcel or portion of land. It is a legally developed document obtained cover items such as the right of flight, right to remove obstructions, etc., but not necessarily to the extent of prohibiting the use of the land within the limits of the rights obtained. An avigation easement should be secured for any proposed development with the District. A sample avigation and hazard easement follows:

AVIGATION AND HAZARD EASEMENT
DELHI MUNICIPAL AIRPORT INFLUENCE AREA DISTRICT

KNOW ALL BY THESE PRESENTS, that WHEREAS,
______________________________________________________________
who collectively shall hereinafter be referred to as the Grantors all own an interest in a part of that certain tract of land in Section_______, Township _______, Range _______of the ___________, Parish of Richland, State of Louisiana more particularly described in Exhibit A attached hereto.

NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, personal representatives, successors and assigns, do hereby grant, bargain, sell and convey unto the Delhi Municipal Airport, its successors and assigns, hereinafter referred to as the Grantee for the use and benefit of the public, an easement and right of way, appurtenant to the Delhi Municipal Airport, for the unobstructed passage of all aircraft, (aircraft being defined for the purposes of this instrument as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated in the air space above Grantors' property to an infinite height, together with the right to cause in all air space above the surface of Grantors' property such noise, vibrations, fumes, dust, fuel particles, light emissions from aircraft and airport, and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on said Delhi Municipal Airport.

Grantors do hereby waive, remise and release any right or cause of action which they may now have or which they may have in the future against Grantee, its successors and assigns, with respect to Grantors' property due to such noise, vibrations, fumes, dust, fuel particles, light emissions from aircraft and airport, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on said Delhi Municipal Airport.

Nothing stated in the foregoing waiver, grant and release shall release any person from liability for damages or divest the Grantors, their heirs, personal representatives, successors and assigns from any right or cause of action for damages to any person or property resulting from the unlawful or negligent operation of any aircraft at any altitude over and across Grantors' property.

The easement and right-of-way hereby granted includes the continuing right in the Grantee to prevent the erection or growth upon Grantors' property of any building, structure, tree or other object extending into the air space above a mean sea level of _______ feet, and to remove from said air space, or at the sole option of the Grantee, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, tree or other object now upon, or which in the future may be upon Grantors' property, together with the right of reasonable ingress to, egress from, and passage over Grantors' property for the above purposes.

TO HAVE AND TO HOLD said easement and right-of-way, and all rights appertaining thereto unto the Grantee, its successors and assigns, until Grantee shall cease to use said Delhi Municipal Airport for public airport purposes.

AND for the consideration hereinabove set forth, the Grantors, for themselves, their heirs, personal representatives, successors and assigns, do hereby agree that for and during the life of said easement and right-of-way, they will not hereafter erect, permit the erection or growth of, or permit or suffer to remain upon Grantors' property any building, structure, tree or other object extending into the aforesaid prohibited air space, and that they shall not hereafter use or permit or suffer the use of Grantors' property in such a manner as to create electrical interference with radio communication between any installation upon said airport and aircraft, or as to make it difficult for flyers to distinguish between airport lights and others, or as to impair visibility in the vicinity of the airport, or as otherwise to endanger the landing, taking off or maneuvering of aircraft. It is understood and agreed that the aforesaid covenants and agreements shall run with the land and shall be forever binding upon the heirs, administrators, executors, successors and assigns of the Grant.

IN WITNESS WHEREOF, the Grantors have executed this Avigation and Hazard Easement as of this ________day of ________, 20___

ATTEST OF
STATE OF LOUISIANA
PARISH OF RICHLAND

The foregoing instrument was acknowledged before me this _______ day of 20________ by:___________.

My commission expires___________.

NOTARY PUBLIC

(b)

Fair disclosure statement. A fair disclosure statement is an advisory document intended to serve and notify prospective buyers of property the airport that they may be exposed to potentially impactive levels of aircraft overflight. These statements in no way abrogate an individual's right to take later action against the airport, but they at least give buyers a fair warning. The fair disclosure statement should accompany any sales literature for properties within the District. A sample fair disclosure statement follows:

FAIR DISCLOSURE STATEMENT
DELHI MUNICIPAL AIRPORT INFLUCENCE AREA DISTRICT

A disclosure statement, adhering to the form of the statement below, shall be provided to and signed by each potential purchaser of property within the Airport Influence Area District as shown on the approved Delhi Municipal Airport Off Airport Land Use Plan Drawing. The signed statement will then be affixed by the Seller to the agreement of the sale.

The tract of land situated at in ___________, consisting of approximately _______ acres which is being conveyed from ___________ to ___________ lies within _______ miles of the Delhi Municipal Airport may be subjected to aircraft over flight both now and in the future. Airport operations are expected to increase and the fleet mix of aircraft operating at the airport may change as industry and community needs change, as the same is shown and depicted on the official Zoning Maps.

CERTIFICATION

The undersigned purchaser(s) of said tract of land certify (ties) that (he) (they) (has) (have) read the above disclosure statement and acknowledge(s) the pre-existence of the airport named above and the over flight exposure due to the operation of said airport.

___________

  (Signed)

( Ord. No. 657, § VI, 4-9-12 )

The several zones herein established are shown on the Delhi Municipal Airport Zoning Map adopted April 9, 2012 attached hereto and made a part hereof, which map, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries, and other information thereon, shall be and the same is hereby adopted as part of this Ordinance.

( Ord. No. 657, § VII, 4-9-12 )

(a)

Except as provided in subsections (b)(1) and (2) hereunder, no material change shall be made to the use of land and no structure shall be erected, altered, or otherwise established in any zone hereby created unless approval therefore shall have been applied and granted by the Delhi Municipal Airport Board.

(b)

Each application for approval shall indicate the purpose for which the approval is desired with information sufficient to establish conformity to ordinance provisions herein. A copy of each approval shall be sent by the applicant via certified mail to:

Assistant Secretary
Office of Aviation and Public Transportation
Louisiana Department of Transportation and Development
1201 Capital Access Road
Baton Rouge, LA 70802

(1)

Approval for a tree or structure of less than seventy-five (75) feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred (4,200) feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit or not be of a land use prescribed for the respective zone.

(2)

Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree in excess of any of the height limitations or land use limitation established by this chapter.

(c)

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 approval is made.

(d)

When the Delhi Municipal Airport Board 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.

(e)

Any approval may, if such action is deemed advisable to further the purpose of this chapter may 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.

( Ord. No. 657, § VIII, 4-9-12 )

The town council shall have and exercise the following powers:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the airport board in the enforcement of any ordinance adopted pursuant thereto;

(2)

To hear and decide special exceptions to the terms of the ordinance upon which such board may be required to pass under such ordinance;

(3)

To hear and decide specific variances under L.R.S. 2:385B, where a zoning board of appeals or adjustment already exists, it may be appointed as the board of appeals.

(4)

The town shall adopt rules in accordance with the provisions of any ordinance adopted hereunder. Meetings of these bodies shall be held at the call of their respective chairs and at such other times as may be determined. The chair, or in their absence the acting chair, may administer oaths and compel the attendance of witnesses. All pursuant meetings shall be public and minutes shall be kept of proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed and be a public record.

(5)

Appeals to these bodies may be taken by any person aggrieved, or by any officer, department, board, or bureau of the political subdivision affected, by any decision of the airport board. An appeal must be taken within a reasonable time, as provided by the rules of the board, by filing with the airport board a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit all the papers constituting the record upon which action appealed from was taken.

(6)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless cause may be shown of imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application from which the appeal is taken and on due cause shown.

(7)

These bodies shall fix a reasonable time for a hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(8)

These bodies may reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the airport board from which the appeal is taken.

(9)

The concurring vote of a majority of the members of the board shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

( Ord. No. 657, § IX, 4-9-12 )

Any person aggrieved, or any taxpayer affected, by any decision of the town, may appeal to the district court as provided in L.R.S. 2:387 of the Laws of the State of Louisiana.

( Ord. No. 657, § X, 4-9-12 )

Each violation of this Ordinance or any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than one hundred (100) dollars or imprisonment for not more than ninety (90) days or both; and each day a violation continues to exist shall constitute a separate offense.

( Ord. No. 657, § XI, 4-9-12 )

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any of the regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

( Ord. No. 657, § XII, 4-9-12 )

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 this 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.

( Ord. No. 657, § XIII, 4-9-12 )