Elkhart City Zoning Code
AIR SPACE
CONTROL AREA OVERLAY DISTRICT
§ 151.210 PURPOSE.
(A) This district is an overlay district and may be established in addition to the underlying districts and shall place additional regulations upon the property located therein.
(B) The purpose of this section is to protect the airport environs by controlling the utilization of space above normal ground level which may interfere with or obstruct the proper operation of aircraft, the safety of persons and the effective operation of the airport.
(1979 Code, § 151.170) (Ord. 4370, passed 7-20-1998)
§ 151.211 ESTABLISHMENT OF ZONES.
The following zones are established within the Air Space Control Area District. These zones are shown on the Municipal Airport Zoning Map which is made a part of the Official Zoning Map.
(A) Precision Instrument Approach Zone. A Precision Instrument Approach Zone is established at each end of the precision instrument runways of the airport for precision instrument landings and take-offs. The precision instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runways, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runways, its centerline being the continuation of the centerline of the runways.
(B) Nonprecision Instrument Approach Zone. Nonprecision Instrument Approach Zones are established at each end of the nonprecision runways of the airport for nonprecision landings and take-offs. The nonprecision instrument approach zones shall have a width of 500 feet beginning at a distance of 200 feet beyond each end of the runways, widening thereafter uniformly to a width of 2,000 feet and 3,500 feet, respectively, at a distance of 5,200 feet and 10,200 feet, respectively, beyond each end of the runways, its centerline being the continuation of the centerline of the runways.
(C) Transition zones. Transition zones are hereby established adjacent to each runway and approach zone. Transition zones extend outward and upward, at right angles to the runway centerline and runway centerline extended and at a slope of 7 feet horizontally for each 1 foot vertically from the side of the primary zones and from the sides of the approach zones to a point where they intersect the horizontal zone. Transitional zones for those portions of the precision approach zone which project through and beyond the limits of the conical zone extend a distance of 5,000 feet measured horizontally from the edge of the approach zone and right angles to the runway centerline.
(D) Horizontal zone. A horizontal zone is hereby established as the area which is constructed by swinging arcs of 10,000 feet radii from each end of the precision instrument primary zone and the east end of the east-west nonprecision primary zone and connecting the adjacent arcs by lines tangent to those arcs.
(E) Conical zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a distance of 4,000 feet. The conical zone does not include the instrument approach zones and transition zones.
(F) Primary zone. The primary zone is a surface longitudinally centered on a runway extending 200 feet beyond each end of that runway. The width of the primary surface is 500 feet for nonprecision runways and 1,000 feet for precision instrument runways.
(1979 Code, § 151.171) (Ord. 4370, passed 7-20-1998)
§ 151.212 HEIGHT LIMITATIONS.
(A) Except as otherwise provided in the section, no structure or tree 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 the zone. The height limitations are hereby established for each of the zones in question as follows:
(1) Precision instrument approach zone. One foot in height for each 50 feet horizontal distance beginning at a point 200 feet from and at the elevation of the end of the precision instrument runway and extending to a distance of 10,200 feet from the end of the runway, thence 1 foot in height for each 40 feet horizontal distance to a point 50,200 feet from the end of the runway;
(2) Nonprecision instrument approach zones. For the east-west nonprecision zone - 1 foot in height for each 34 feet horizontal distance beginning at the ends of the primary zone and extending for a distance of 10,000 feet. For the north-south nonprecision zone - 1 foot in height for each 20 feet horizontal beginning at the ends of the primary zone and extending for a distance of 5,000 feet;
(3) Transition zones. One foot in height for each 7 feet horizontal distance beginning at any point on the sides of the primary zone and approach zones, extending to a height of 150 feet above the airport elevation which is 777 feet above mean sea level. Further, where the precision instrument approach zone projects through and beyond the conical zone, a height limit of 1 foot for each 7 feet horizontal distance shall be maintained beginning at the edge of the instrument approach zone measured normal to the centerline of the runway extended;
(4) Horizontal zone. One hundred and fifty feet above the airport elevation or a height of 927 feet above mean sea level; and
(5) Conical zone. One foot in height for each 20 feet horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 350 feet above the airport elevation;
(6) Primary zone. The elevation of any point on the primary zone is the same as the elevation of the nearest point on the runway centerline.
(B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height consistent with the provisions of this chapter.
(1979 Code, § 151.172) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999
§ 151.213 USE RESTRICTIONS.
(A) No use may be made of the land within any zone established by this chapter in such manner as to create interference with any form of communication whose primary purpose is for air navigation.
(B) All lights in such zones shall be:
(1) Located in such a manner that they do not interfere with the runway, taxiway, tower or any other airport lights;
(2) Shielded such that no light is directed, focused or beamed to an angle greater than five degrees above horizontal; and
(3) Prohibited which may result in glare in the eyes of air crews using the airport in the landing, taking off or maneuvering of aircraft.
(1979 Code, § 151.173) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999
§ 151.214 MARKERS AND LIGHTS ON NONCONFORMING STRUCTURES AND TREES.
The owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the Board of Aviation Commissioners to indicate the presence of such airport hazards to the operators of aircraft in the vicinity of the airport. The markers and lights shall be installed, operated and maintained at the expense of the city.
(1979 Code, § 151.174) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999
§ 151.215 PERMITS.
(A) Future uses.
(1) Except as specifically provided in this section, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a zoning clearance permit therefore shall have been applied for and granted. Each application for a zoning clearance 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 herein prescribed.
(a) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 feet in height, except when, because of terrain, land contour or topographic features, the tree or structure would extend above the height limits prescribed for the zone.
(b) In the areas lying within the limits of the instrument and non-instrument approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any tree or structure less than 75 feet in height, except when the tree or structure would extend above the height limit prescribed for the instrument or non-instrument approach zone.
(c) 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 of structure less than 75 feet in height, except when such tree or structure, because of terrain, land-contour or topographic features, would extend above the height limit prescribed for transition zones.
(2) 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 chapter, as set forth in § 151.212.
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure or tree to be made or become higher or become a greater hazard to air navigation, than it was on the effective date of this chapter or than it is when the application for a permit is made.
(C) Hazard marking and lighting. Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Board of Aviation Commissioners, at its own expense, to install, operate and maintain thereon the markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
(D) Increase. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any plant life or use his property not in accordance with the regulations prescribed in this section may apply to the Board of Zoning Appeals for a variance in accordance with the procedure set forth in § 151.287, plus the mandatory referral of the applications to the Board of Aviation Commissioners for their recommendation.
(1979 Code, § 151.175) (Ord. 4370, passed 7-20-1998) Penalty, see § 151.999