This article shall be known and may be cited as the EUFAULA MUNICIPAL AIRPORT ZONING ORDINANCE. (Ord. 04-4-1, 4-5-2004)

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

 

In order to carry out the provisions of this article, 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 Eufaula municipal airport. Such zones are shown on the Eufaula municipal airport zoning map, which is on file in the city. An area located in more than one of the following zones is considered to be only in the zone with more restrictive height limitation. The various zones are hereby established and defined as follows:

   A.   Utility Runway Visual Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty feet (250') wide. The approach zone extends outward uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal distance of five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.

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

   C.   Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet (5,000') radii from the centerline of each end of the primary surface of each runway and connecting the adjacent arcs by drawing line tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

   D.   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. 04-4-1, 4-5-2004)

Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit therein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

   A.   Utility Runway Visual Approach Zone: Slopes twenty feet (20') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.

   B.   Transitional Zones: Slope seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty feet (150') above the airport elevation which is six hundred thirty five feet (635') above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet (7') outward of each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface.

   C.   Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation or at a height of seven hundred eighty five feet (785') above mean sea level.

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

   E.   Excepted Height Limitations: Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to fifty feet (50') above the surface of the land. (Ord. 04-4-1, 4-5-2004)

Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to 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 others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. (Ord. 04-4-1, 4-5-2004)

   A.   Regulations Not Retroactive: The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any changes in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof, and is diligently prosecuted.

   B.   Marking And Lighting: Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city council of the city of Eufaula, Oklahoma, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the city of Eufaula. (Ord. 04-4-1, 4-5-2004)

   A.   Future Uses: Except as specifically provided in subsections A1, A2 and A3 of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a 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. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection D of this section.

      1.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

      2.   In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runway, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

      3.   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 or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

      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 article except as set forth in subsection 12-343E of this article.

   B.   Existing Uses: 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 hereof or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

   C.   Nonconforming Uses Abandoned Or Destroyed: Whenever the city of Eufaula determines that a nonconforming tree or structure has been abandoned or more than eighty percent (80%) torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable limit or otherwise deviate from the zoning regulations.

   D.   Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the federal aviation administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the board of adjustment unless a copy of the application has been furnished to the city of Eufaula for advice as to the aeronautical effects of the variance. If the city of Eufaula does not respond to the application within fifteen (15) days after receipt, the board of adjustment may act on its own to grant or deny said application.

   E.   Obstruction Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances be so conditioned as to 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. If deemed proper by the board of adjustment, this condition may be modified to require the owner to permit the city of Eufaula at its own expense, to install, operate, and maintain the necessary markings and lights. (Ord. 04-4-1, 4-5-2004)

It shall be the duty of the city of Eufaula to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the city of Eufaula upon a form published for that purpose. Applications required by this article to be submitted to the city of Eufaula shall be promptly considered and granted or denied. Application for action by the board of adjustment shall be forthwith transmitted by the city of Eufaula. (Ord. 04-4-1, 4-5-2004)

   A.   There is hereby created a board of adjustment to have and exercise the following powers: 1) to hear and decide appeals from any order, requirement, decision, or determination made by the city of Eufaula in the enforcement of this article; 2) to hear and decide special exemptions to the terms of this article upon which such board of adjustment under such regulations may be required to pass; and 3) to hear and decide specific variances.

   B.   The board of adjustment shall consist of three (3) members appointed by the city council of the city of Eufaula and each shall serve for a term of three (3) years until a successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, one for a term of two (2) years, and one for a term of three (3) years. Members shall be removable by the appointing authority for cause, upon written changes, after a public hearing.

   C.   The board of adjustment shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its 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 in the office of the city clerk and on due cause shown.

   D.   The board of adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.

   E.   The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the City of Eufaula, or to decide in favor of the applicant on any matter upon which is required to pass under this article, or to effect variation to this article. (Ord. 04-4-1, 4-5-2004)

   A.   Any person aggrieved, or any taxpayer affected, by the decision of the City of Eufaula made in the administration of this article, may appeal to the Board of Adjustment.

   B.   All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment by filing with the City of Eufaula a notice of appeal specifying the grounds thereof. The City of Eufaula shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

   C.   An appeal shall stay all proceedings in furtherance of the action appealed from unless the City of Eufaula certifies to the Board of Adjustment after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the City of Eufaula cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Board of Adjustment on notice to the City of Eufaula and on due cause shown.

   D.   The Board of Adjustment shall fix a reasonable time for hearing appeals, 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.

   E.   The Board of Adjustment may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances. (Ord. 04-4-1, 4-5-2004)

Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the District Court of McIntosh County, Oklahoma, as provided in 3 Oklahoma Statutes section III. (Ord. 04-4-1, 4-5-2004)

Each violation of this article or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor, to be tried in any court of competent jurisdiction, including, but not limited to, the Eufaula Municipal Court, and shall be punishable by a fine of not more than two hundred dollars ($200.00) plus court costs and each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivisions adopting the regulations contained in this article or the joint Airport Zoning Board may institute an action to prevent, restrain, correct or abate any violation of the act, or this article and its regulations or of any order or ruling made in connection with their administration or enforcement, in any court of competent jurisdiction, including, but not limited to, the Eufaula Municipal Court. (Ord. 04-4-1, 4-5-2004)

   A.   Annual vehicular parking in designated parking area is allowed with the display of the Eufaula Municipal Airport parking permit and a fee paid to the City of Eufaula Clerk's Office in the amount of fifty dollars ($50.00).

   B.   Annual aircraft parking in designated aircraft tie-down areas is allowed with the display of the Eufaula Municipal Airport tie-down parking permit and a fee paid to the City of Eufaula Clerk's Office in the amount of fifty dollars ($50.00). (Ord. 13-6-1, 6-3-2013)