This Chapter shall be known and may be cited as the AIRPORT ZONING CHAPTER. (Ord. 54, 5-26-1953; amd. Ord. 1973, 1-6-1997)

As used in this Chapter, unless the context otherwise required, the following words and terms shall have the meanings herein ascribed to them.

 

Ord. 54, 5-26-53; amd. Ord. 470; 1-26-65; Ord. 1973, 1-6-1997)

In order to carry out the purposes of this Chapter, all of the land within the boundaries of the Airport and all of the land which is delimited by the horizontal projections of all the Airport-Referenced Imaginary Surfaces are hereby divided into five (5) Airport-Referenced Imaginary Surfaces established by reference to the Airport, as shown on the Airport Approach and Zoning Plans for the Airport, and consisting of and described as follows:

   (A)   Datum Plane: The datum plane is a horizontal plane or surface which includes the surface point of the Airport elevation established to be and at seven hundred eighty-five feet (785') above mean sea level.

   (B)   Approach Surface: The approach surface is an inclined plane located directly above the approach area, said approach area being symmetrically located with respect to the extended runway center line, the dimensions of said approach area measured horizontally as follows: a length of ten thousand feet (10,000') beginning two hundred feet (200') from the end of the runway or one hundred feet (100') from the end of the landing strip, and extending outward, ending at a point ten thousand two hundred feet (10,200') from the end of the runway or ten thousand one hundred feet (10,100') from the end of the landing strip on the extended center line of the runway or landing strip; a total width of two hundred fifty feet (250') at the end nearest to the runway or landing strip and flared uniformly to a total width of two thousand two hundred fifty feet (2,250') at the end of ten thousand feet (10,000') section.

   (C)   Horizontal Surface: The horizontal surface is a horizontal plane, circular in shape, having a radius of five thousand feet (5,000') from the airport reference point, at its outer limits and which together with the conical surface, hereinafter described, form the upper boundary of the turning space.

   (D)   Conical Surface: The conical surface extends upward and outward from the outer limits of the horizontal surface.

   (E)   Transitional Surfaces: The transitional surfaces are inclined planes, symmetrically located about the center line of the runway or landing strip, extending from the edges of all approach surfaces upward and outward to the intersection with the horizontal surface or the conical surface; the transitional surfaces also extend outward and upward from the edge of the landing strip, parallel with the runway or landing strip center line, until they intersect the horizontal surface.

   (F)   The boundaries and areas of these Airport-Referenced Imaginary Surfaces are hereby established as shown on the Map, entitled the Airport Approach and Zoning Plans for Dixon Airport, Charles R. Walgreen Field. (Ord. 470, 1-26-65 amd. Ord 1973, 1-6-1997)

   (A)   Except as otherwise provided in this Chapter, no structure or growth shall be erected, altered, allowed to grow, or maintained in any zone created by this Chapter to a height in excess of the height limit herein established for such zone. The reference plane for determination and establishment of such heights, except as otherwise specified, shall be the elevation of the datum plane; seven hundred eighty-five feet (785') above mean sea level.

   (B)   The height limit for each type zone is hereby established as follows:

      1.   Approach Surface Zones: One (1) foot of height for every twenty feet (20') in horizontal distance, measured outward from the inner boundary of the respective approach surfaces.

      2.   Horizontal Surface Zones: One hundred fifty feet (150') above the established Airport elevation.

      3.   Conical Surface Zones: One foot (1') of height for every twenty feet (20') in horizontal distance, measured outward from the inner boundary of the respective conical surfaces.

      4.   Transitional Surface Zones: One foot (1') of height for every seven feet (7') in horizontal distance, measured outward from the inner boundary of the respective transitional surfaces. (Ord. 1973, 1-6-1997)

After the taking effect of this Chapter and notwithstanding any other provisions of this Chapter, it shall be unlawful to put any land or body of water located within or partly within any zone hereby created to any of the following uses:

   (A)   Any use which would create unreasonable interference with radio communication between the Airport, or communication facilities in the vicinity thereof, and aircraft, or which would unreasonably interfere with electronic navigational aids that may at the time of such interference be established for the vicinity thereof, excepting, however, such uses of land as would cause interference with what is commonly known or designated as instrument landing systems.

   (B)   Any use which would materially reduce the visibility within any of the aforementioned zones.

   (C)   Any use which would make it difficult for fliers in the vicinity of or on the Airport to distinguish between Airport lights or markers or other navigational lights or markers in the vicinity of the Airport, and others, or which would result in glare in the eyes of fliers using the Airport.

   (D)   Otherwise than as excepted in Subsection A herein, any use which would cause unreasonable interference with navigational aids or devices used by the Airport or by aircraft commonly using the Airport.

   (E)   Any business, structure, growth, or occupation which by its very nature is inherently dangerous or hazardous as respects likelihood of causing or resulting in injury or damage to aircraft or persons using the Airport or flying in the vicinity thereof, except as hereinafter provided in Section 6-17-8.

   (F)   Any other use which would be detrimental, hazardous, or injurious to the safety of aircraft using the Airport or maneuvering in the vicinity thereof or to the health, safely or general welfare of Airport personnel and other persons using the Airport, except as hereinafter provided in Section 6-17-8.

Nothing contained in this Section shall be construed to prohibit the use of transportation or communication equipment or facilities by any railroad; provided, that such equipment and facilities do not exceed the height limitations prescribed in this Chapter. (Ord. 1973, 1-6-1997)

   (A)   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 growth not conforming to the regulations as of the effective date hereof, or to otherwise interfere with the continuance of any nonconforming use. 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 and completed within one (1) year thereof.

   (B)   Marking And Lighting: Notwithstanding the preceding provisions of this Section, the owner of any nonconforming structure or growth is hereby required to permit insofar as practicable the installation, operation, and maintenance thereon, or adjacent thereto, considering such clearances as are required by the Illinois Commerce Commission or the National Electrical Code, of such markers or lights as shall be deemed necessary by the Airport Zoning Administration to indicate to the operators or aircraft in the vicinity of the Airport the presence of such Airport Hazards, such markers and lights shall be installed, operated, and maintained at the expense of the City. (Ord. 1973, 1-6-1997)

   (A)   An Airport Zoning Administration is hereby created, and it shall consist of the members of the Airport Board. No compensation shall be paid the members of the Zoning Administration, except reimbursement of actual expenses.

   (B)   Applications for permits shall be made to the Airport Zoning Administration upon a form furnished by it. Applications which are by this Chapter to be decided by the Zoning Administration shall be promptly considered and granted or denied by it. Applications for action by the Board of Appeals shall be forthwith transmitted by the Zoning Administration to the Board of Appeals for hearing and decision. The office of the Clerk shall be the office of the Zoning Administration. (Ord. 54, 5-26-53; amd. Ord. 1973, 1-6-1997)

   (A)   (Rep. by Ord. 1053, 9-15-80)

   (B)   How Obtained:

      1.   Application for such permit shall be made to the Zoning Administration created hereunder.

      2.   Each application shall include the purpose for which the permit is desired with sufficient particularity to permit a determination of whether the structure will conform to the regulations herein prescribed.

   (C)   Exceptions: Where an emergency installation, repair or replacement is required to be made by any public utility company, which would ordinarily require a permit as herein set forth, but the interest of the public from the standpoint of health, safety, or general welfare does not permit sufficient time to obtain such permit, then in that event the requirement shall not apply, but a report shall be given as hereinafter set forth in Subsection D of this Section.

   (D)   Reports:

      1.   Whenever a new structure is erected or the height of an existing structure is increased in any of the zones hereby created except the horizontal surface zone, and the proposed height of such structure does not require a permit as herein set forth, a written report shall be given to the Zoning Administration within ten (10) days after the completion of such alteration or erection, setting forth the facts relating thereto with sufficient particularity to permit a determination as to whether such structure conforms to the regulations prescribed herein.

      2.   In Horizontal Surface Zone: Whenever a new structure is erected or the height of an existing structure is increased in the horizontal surface zone so as to cause said structure to project more than forty feet (40') above elevation of Airport elevation, and the proposed height of such structure does not require a permit as herein set forth, a written report shall be given to the Zoning Administration within ten (10) days after the completion of such alteration or erection, setting forth the facts relating thereto with sufficient particularity to permit a determination as to whether such structure conforms to the regulations prescribed herein.

   (E)   Nonconforming Uses Abandoned Or Destroyed: Whenever the Zoning Administration determines that a nonconforming structure or growth has been abandoned or more than eighty percent (80%) has been torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or growth to exceed the applicable height limit or otherwise deviate from the Zoning Regulations, and the Zoning Administration may by appropriate action compel the owner of the nonconforming structure or growth, at his own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations, or, it the owner of the nonconforming structure or growth shall neglect or refuse to comply with such an order after ten (10) days notice thereof, the Zoning Administration may proceed to have the object so lowered, removed, reconstructed, or equipped; and shall have a lien on behalf of the City upon the land whereon it is or was located, and in the amount of the costs and expenses thereof. Such a lien may be enforced by the City by suit in equity for the enforcement thereof, as in the case of other liens. Except as provided herein, all applications for permits for replacement, change, or repair of nonconforming uses shall be granted.

   (F)   Variances: Any person desiring to erect or increase the height of any structure, or permit a growth, or use his property, not in accordance with the regulations prescribed in this Chapter, may apply to the Board of Appeals for a variance from such regulation. Such variance shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest and safety, but would do substantial justice and be in accordance with the spirit of this Chapter; provided, that any variance may be allowed subject to any reasonable conditions that the Board of Appeals may deem necessary to effectuate the purposes of the Chapter.

   (G)   Hazard Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or growth to install, operate and maintain thereon such markers and lights as may be necessary in the interest of safe air navigation, as shall be determined by the Zoning Administration, to indicate to flyers the presence of any Airport Hazard; the cost and expense of installation, operation and maintenance shall be paid by the owner.

   (H)   Permits will be issued under the following classes:

      1.   Class A Permit: Holder may repair, service aircraft, engines and other aeronautical equipment in an area designated by the Dixon Municipal Airport Board. Holder may service aircraft belonging to the general public from a specified fuel pit installation located on the airport. Fuel pit installation site must be approved and designated by the Dixon Municipal Airport Board, under supervision of the Airport Engineer and must comply with all Federal and State of Illinois rules.

      2.   Class B Permit: Holder may service and maintain his own aircraft used for his own use providing service is performed in an area designated by the Dixon Municipal Airport Board. Any installation of buildings or other permanently installed equipment to operate this service will automatically become the property of the City of Dixon, Illinois upon completion of installation.

      3.   Class C Permit: Holder may fly aircraft for hire or transportation of people and give flight instruction to students operating from the Dixon Airport providing prior to giving such instruction, he has registered and his current flight instructors certificate is approved by the Dixon Municipal Airport Board. Such instructor must be a current holder of commercial, instructor and instrument licenses to qualify for this permit.

      4.   Class D Permit: Holder may conduct an airplane sales operation from the Dixon Airport in area designated by the Dixon Municipal Airport Board. Any installation of buildings or permanently installed equipment for this operation will automatically become the property of the City of Dixon upon completion.

         (a)   The Dixon Municipal Airport Board may establish minimum financial and operational standards to be required of each operator, person, lessee, etc., contracted to provide a service or sale outlet at the Dixon Airport, Chas. R. Walgreen Field.

         (b)   No person shall engage or employ any other person on the airport to provide commodities, supplies, or services of a commercial nature as defined in this Ordinance except from those persons officially authorized by the Dixon Municipal Airport Board to conduct such commercial activities. (Ord. 54; 5-26-1953; amd. Ord. 1053, 9-15-1980; Ord. 1973, 1-6-1997)

   (A)   Financial:

      1.   Investment of at least thirty five thousand dollars ($35,000.00) if required by the person, firm, co-partnership, corporation, association, society or club, singular and plural, hereinafter referred to as "company", ten percent (10%) of which should be in cash.

      2.   The "company" must own adequate and proper equipment to carry on the endeavor profitably.

      3.   The "company" shall pay to the City of Dixon, Illinois for space rentals after granting Class A, B, C or D permits.

   (B)   Management:

      1.   The president of the "company" shall be a full time employee whose sole job shall be to manage and promote the operation. In the absence of such an officer, these responsibilities shall be delegated to a General Manager.

      2.   Management must endeavor to have a profitable business while supplying safe, efficient services for the users of the Dixon Airport and also serve the promotion and advancement of the Dixon Airport.

   (C)   Certificate Requirements:

      1.   Any "company" desiring to conduct a flight school or engage in student training in aviation shall comply with the Regulations as set forth in Federal Aviation Regulation, Part 141, and Part 143, and "company" shall have a valid "Airman Agency Certificate", issued by the Administrator of the Federal Aviation Administration, authorizing such activity.

      2.   Any "company" desiring to conduct maintenance service for the repair of aircraft engines, airframes, propellers, instruments, accessories, or radios shall comply with the regulations established in Federal Aviation Regulation, Part 145, and the "company" shall hold a suitable valid "Repair Station Certificate" and Inspection Authorization Certificate issued by the Administrator of the Federal Aviation Administration, authorizing such repair service.

      3.   Any "company" desiring to fly aircraft for hire for the transportation of people or property shall comply with the Regulations established in Federal Aviation Requirements, Part 135, as applied to "Air Taxi Operators", and "company" shall hold a valid "Air Taxi/Commercial Operator" operating certificate issued by the Administrator of the Federal Aviation Administration.

   (D)   Responsibility:

      1.   Rents and fees must be paid promptly.

      2.   Insurance carried for the protection of the customer covering all risks, also protecting City of Dixon, Illinois. This coverage shall be set by the Dixon Municipal Airport Board to suit the circumstances.

      3.   The "company" must accept all the moral and financial responsibilities of its operation and shall hold the City and the Dixon Municipal Airport Board harmless of any liability incurred because of such operations.

      4.   The "company" shall furnish on request, the Dixon Municipal Airport Board regular monthly financial statements which shall reflect the financial stature and results of the operating of the said "company". (Ord. 697, 6-5-1972; amd. Ord. 1973, 1-6-1997)

Any person, other than the Department of Aeronautics, its officers and employees while acting in their official capacities, who shall violate this Chapter shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to the general penalty provisions of this Code. In addition, the City may institute in the Circuit Court of the County, an action to prevent, restrain, correct or abate the violation of this Chapter, or of any order or ruling made in connection with its administration or enforcement, and the Court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this Chapter and the rulings made pursuant thereto. (Ord. 1973, 1-6-1997)

This Chapter may be amended from time to time as deemed advisable or necessary by the Authority; provided, that no amendment to this Chapter shall be effective unless and until a public hearing is had in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the hearings shall be published in a newspaper of general circulation in the City1. (Ord. 54, 5-26-1953; amd. Ord. 1973, 1-6-1997)