The boundaries and designations of the airport hazard area are hereby established and approved as defined herein and as shown and designated on the "Airport Obstruction and Land Use Map" filed herewith and made a part hereof by reference. Said map is further identified by the signature of the Mayor of the City of Huntsville, Alabama, and attested by the city clerk-treasurer. Certified copy of the said map is of public record in the Office of the City Clerk-Treasurer of the City of Huntsville, Alabama.

The boundaries and designations of the airport noise exposure zone are hereby established and approved as described herein and as shown and designated on the "Airport Obstruction and Land Use Map" hereinabove adopted, in conformance with the Airport Noise Exposure Map, dated 1990, prepared and published by the Secretary of Transportation of the United States of America pursuant to section 105, Aviation Safety and Noise Abatement Act of 1979, as amended, which said Airport Noise Exposure Map, dated 1990, is filed herewith and made a part hereof by reference. Said map is further identified by the approval of the Secretary of the Department of Transportation of the United States of America. A copy of the said map, certified as a part of this regulation, is of public record in the Office of the City Clerk-Treasurer of the City of Huntsville, Alabama.

The airport hazard area and the airport noise exposure zone are created under this article as special zoning classifications. Where these special zones overlap other zoning districts created under the Zoning Ordinance of the City of Huntsville, Alabama, the requirements of these special zones are to be superimposed on and enforced in addition to all other zoning regulations applicable to those districts. If the requirements of these special zoning classifications require the alteration or elimination of uses, structures, or other objects which would be permitted under the other applicable zoning regulations of the City of Huntsville, Alabama, then the more stringent requirements of this article shall be followed.

The following definitions shall apply to this article unless the context otherwise requires:

Airport. The Huntsville-Madison County Airport, Huntsville, Alabama.

Airport elevation. Six hundred twenty-eight feet above mean sea level.

Airport hazard. Any structure, tree or use of land which obstructs the airspace required for the safe and efficient operation of the airport, or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport, or is otherwise incompatible with airport operations.

Airport hazard area. An area of land and water lying within a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the airport, and the area within the limits of the airport boundary, the instrument approach departure zones, transition surface zones, horizontal surface zones, conical surface zones and airport noise exposure zones, all as shown by the airport obstruction zone map adopted as a part of this regulation in section 63.2, supra.

Airport noise compatibility program. Program reflected in documents (and revised documents) developed in accordance with the guidelines established by the Department of Transportation Federal Aviation Administration.

Airport reference point. The point established as the geographical center of the airport landing area. The reference point of the Huntsville-Madison County Airport is as follows: latitude 34 degrees, 28 minutes, 35 seconds; longitude 86 degrees, 46 minutes, 20 seconds.

Aviagation easement. An easement and right-of-way appurtenant to Huntsville-Madison County Airport for the unobstructed passage of aircraft in the airspace above the grantors' property above designated altitudes, together with the right to cause in all airspace above the surface of grantors' property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of the said airport, including the taking off and landing of aircraft at the airport.

Compatible land use. The use of land that is normally compatible with the outdoor noise environment (or an adequately attenuated noise level reduction for any indoor activities involved) at the location because the yearly day-night average sound level is at or below that identified for that or similar use under 14 CFR 150, appendix A, table 2, Federal Aviation Regulations.

Day-night average sound level. The 24-hour average sound level, in decibels, for the period from 12:00 midnight to 12:00 midnight, obtained after the addition of ten decibels to sound levels for the periods between 12:00 midnight and 7:00 a.m. and between 10:00 p.m. and 12:00 midnight, local time. (See yearly day-night average sound level (Ldn).

Height limitation. The maximum elevation for the highest point that a structure may be altered, erected, or a tree allowed to grow.

Instrument runway. A runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

Landing strip. The area of the airport used for the landing, the taking-off, or taxiing of aircraft.

Noise level reduction (NLR). The amount of noise level reduction achieved through incorporation of noise attenuation (between outdoor and indoor levels) in the design and construction of a structure.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver assignee, or other representative thereof.

Political subdivision. City of Huntsville, Alabama.

Primary surfaces. These surfaces are symmetrically located with respect to the centerline of the landing strip. The transverse profile of primary surfaces are horizontal; whereas, longitudinal profiles may vary throughout its length. The elevation of any point on a primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surfaces for this ordinance are hereby established as follows:

(1)

Primary surface runway 18R-36L. This surface is 1,000 feet wide and 10,400 feet in length and begins 200 feet outward from each end of said runway.

(2)

Primary surface runway 18L-36R. This surface is 1,000 feet wide and 8,400 feet in length and begins 200 feet outward from each end of said runway.

Runway. The paved surface of airport landing strip.

Sound attenuation. Measures which must be incorporated into the design and construction of a structure to achieve noise level reduction to compatible Ldn.

Sound exposure level. The level, in decibels, of the time integral of squared A-weighted sound pressure during a specified period or event, with reference to the square of the standard reference sound pressure of 20 micropascals and a duration of one second.

Structure. Any object constructed or installed by man including, but without limitation, buildings, towers, antennae, smokestacks, and overhead transmission wires.

Tree. Any object of natural growth.

Yearly day-night average sound level (Ldn). The 365-day average, in decibels, day-night average sound level.

The airport hazard area is hereby divided into separate zones, the limits of which are established as shown on the Airport Obstruction Map of the Huntsville-Madison County Airport, which is made a part of this ordinance as it may be supplemented and amended. The various zones are hereby established, defined and adopted as follows:

63.5.1. Instrument approach-departure zones. These zones are established at each end of the runways for instrument landings and takeoffs. The instrument approach-departure zone shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of each runway and thereafter remaining at a width of 16,000 feet to the terminal end of the zone, its centerline being the continuation of the centerline of the runway.

63.5.2. Transitional zones. These zones extend outward from both sides of the primary surface and the approach-departure zones to an intersection with the inner horizontal, conical and outer horizontal zones or other transitional zones.

63.5.3. Inner horizontal zone. This zone is established as the area commencing at the periphery of the transitional zones of the airport and extending outwardly and horizontally to a perimeter of which is constructed by swinging arcs of 10,000 feet from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs. This zone does not include the instrument approach-departure zones and transitional zones.

63.5.4. Conical zone. This zone is established commencing at the periphery of the inner horizontal zone of the airport and extending outward and upward for a horizontal distance of 4,000 feet. This zone does not include the instrument approach-departure zones and the transitional zones.

63.5.5. Outer horizontal zone. This zone is established as the area commencing at the periphery of the conical zones of the airport and extending outwardly and horizontally to the periphery of the airport hazard area. This zone does not include the instrument approach-departure zones and transitional zones.

63.5.6. Airport noise exposure zones. These zones are land use areas lying within 3,000 feet outward and perpendicular to each side of each runway centerline and its extension and 25,000 feet outward from the end of runway 18R; 25,350 feet outward from the end of runway 36L; 25,350 feet outward from runway 18L; and 25,000 feet outward from the end of runway 36R.

Except as otherwise permitted in this article, no structure or tree shall hereafter be erected, altered, allowed to grow, or maintained (in any zone created by this article) to a height in excess of the height limit herein established for such zone. Such height limitations are computed from imaginary surfaces referenced to the airport elevation. The imaginary surface established for each of the zones in question is as follows:

63.6.1. Instrument approach-departure surface runway 18R. This surface slopes one foot in height for each 100 feet in horizontal distance beginning at an elevation of 628 feet above mean sea level and a distance of 1,000 feet outward and 200 feet from the end of the runway. This surface slopes outward and upward from its beginning, symmetrically about the extended centerline of the runway until the width reaches 16,000 feet, continuing at this width to 133,200 feet beyond the end of the runway, which is the Alabama-Tennessee line.

63.6.2. Instrument approach-departure surface runway 36L. This surface slopes one foot in height for each 100 feet in horizontal distance beginning at an elevation of 614 feet above mean sea level and a distance of 1,000 feet outward and 200 feet from the end of the runway. This surface slopes outward and upward from its beginning, symmetrically about the extended centerline of the runway until the width reaches 16,000 feet, continuing at this width to 115,550 feet beyond the end of the runway, which is the Morgan-Cullman County line.

63.6.3. Instrument approach-departure surface runway 18L. This surface slopes one foot in height for each 100 feet in horizontal distance beginning at an elevation of 606 feet above mean sea level and a distance of 1,000 feet outward and 200 feet from the end of the runway. This surface slopes outward and upward from its beginning, symmetrically about the extended centerline of the runway until the width reaches 16,000 feet, continuing at this width to 133,550 feet beyond the end of the runway, which is the Alabama-Tennessee line.

63.6.4. Instrument approach-departure surface runway 36R. This surface slopes one foot in height for each 100 feet in horizontal distance beginning at an elevation of 591 feet above mean sea level and a distance of 1,000 feet outward and 200 feet from the end of the runway. This surface slopes outward and upward from its beginning, symmetrically about the extended centerline of the runway until the width reaches 16,000 feet, continuing at this width to 117,200 feet beyond the end of the runway, which is the Morgan-Cullman County line.

63.6.5. Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of one foot in height for each seven feet in horizontal distance from the sides of the primary surfaces and from the sides of the instrument approach-departure surfaces. The maximum elevation for structures or trees located thereunder shall be the elevation of the adjacent point on the primary surface or the instrument approach-departure surface plus one seventh of the distance which separates the structure or tree from the slope of the primary or instrument approach-departure surface. The distance shall be measured in feet along the perpendicular to the landing strip or its extended centerline. Transitional surfaces for those portions of the instrument approach-departure zone surfaces which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach-departure surface and at right angles to the runway centerline.

63.6.6. Inner horizontal surface. This surface is at a height of 150 feet above the established airport elevation. The maximum elevation of structures or trees located thereunder shall be 778 feet above mean sea level.

63.6.7. Conical surface. This surface extends outward and upward at a slope of one foot in height for each 20 feet in horizontal distance. The maximum elevation of structures or trees located thereunder shall be 778 feet plus 1/20 of the distance which separates the structure or tree from the periphery of the inner horizontal surface. The distance shall be measured in feet along a radial from the nearest point on the periphery of the inner horizontal zone.

63.6.8. Outer horizontal surface. This surface is at a height of 500 feet above the established airport elevation. The maximum elevation of structures or trees located thereunder shall be 978 feet above mean sea level.

The airport noise compatibility program, as reflected by the airport noise exposure map previously made part of this regulation, establishes the "Yearly Day-Night Average Sound Level (Ldn)" in decibels, in contours around the airport. Land uses around the airport must be compatible with the standards and procedures as set forth in 14 CFR 150, appendix A, Federal Aviation Regulations, published January, 1981, as amended. No use shall hereafter be permitted within the boundaries of the airport noise exposure zone unless the said use shall be otherwise permitted in the applicable area under this ordinance and shall be compatible with the Ldn in the applicable area. Compatibility of the use with the Ldn shall be determined by the standards set forth in 14 CFR 150, appendix A, table 2, Federal Aviation Regulations, as amended. Said part 150, Federal Aviation Regulations, as amended, and specifically table 2 of appendix A thereto is incorporated herein and made a part hereof by reference. A copy of part 150 is on public record in the Office of the City Clerk-Treasurer for the City of Huntsville, Alabama.

If varying uses of a site with different sensitivity to noise are applied for, compatibility of the uses with the Ldn shall be determined based on the use most adversely affected by noise, without regard to which of the proposed uses is the major use of the site. When appropriate, noise level reduction through incorporation of sound attenuation into the design and construction of a structure may be permitted to achieve a level of compatibility as provided in part 150, supra, and incorporated herein by reference.

All applications for compatible land uses within the airport noise exposure zone shall be accompanied by an aviagation easement, in substantially the form and letter as set forth in exhibit A to this regulation, which said exhibit A is incorporated herein by reference, duly executed by all the owners of the land for which application is being made.

Notwithstanding any other provision of this ordinance, no use may be made of land within any zone established by this article in such a manner as to create electrical interference with a radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking-off, maneuvering of aircraft, or impair approach and departure procedures.

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

63.10.1. Future uses. No material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit therefor shall have been obtained from the director of the inspection department of the City of Huntsville, Alabama (building inspector). Each application for a permit shall be submitted to the zoning administrator and shall state clearly the purpose for which the permit is requested, with sufficient particularity to permit the determination of whether the resulting use or structure would conform to the following:

(1)

All regulations herein prescribed and all other applicable provisions of the Zoning Ordinance of the City of Huntsville, Alabama;

(2)

Subpart B: Notice of Construction or Alteration, Part 77, Objects Affecting Navigable Airspace, Federal Aviation Regulations, as or may be amended, copy of which is maintained on file and available to the public for examination at the Office of the City Clerk-Treasurer for the City of Huntsville, Alabama; and

(3)

Part 150, Noise Compatibility, Federal Aviation Regulations, as or may be amended, copy of which is maintained on file and available to the public for examination at the office of the city clerk-treasurer for the City of Huntsville, Alabama. Specifically, the application must contain certification from a duly qualified professional registered engineer or architect that the proposed use is compatible with the "Yearly Day-Night Average Sound Level" (Ldn) as prescribed in Table 2, Appendix A, Part 150, Federal Aviation Regulations.

If the zoning administrator determines the proposed use or structure or object is in conformance with each of the foregoing provisions (except as any provisions thereof may be mutually exclusive), then the application will be forwarded to the building inspector for issuance of the permit.

63.10.2. Existing uses. No permit shall be granted that would allow the establishment or creation of an aircraft 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 article or any amendment thereto or than it is when the application for a permit is made.

63.10.3. Abandonment or destruction of nonconforming uses, structures or objects. Whenever the zoning administrator shall determine that a nonconforming use has been abandoned or discontinued for a period of six months or more; or that more than 50 percent of a nonconforming structure or tree has been destroyed, torn down, physically deteriorated or decayed; then the application with the written determination of the zoning administrator is forwarded to the building inspector and no permit shall be granted to allow such use to be continued, and no permit shall be granted to allow the continuation of the nonconforming structure or tree in non-compliance with this regulation or ordinance.

63.10.4. Variances. Any person desiring to use property within any zone created hereunder in violation of the regulations herein adopted or otherwise contained in this ordinance, or to erect or maintain a structure or to permit the growth of any tree in violation thereof, may, upon denial of a permit of the manager of inspection, apply to the Board of Zoning Adjustment of the City of Huntsville, Alabama, for a variance from the zoning regulation or regulations in question. Such variances shall be allowed where 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 but do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided that any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter.

The board of adjustment shall have all the powers and duties under this article as conferred upon it by article 92 of this ordinance, to the extent authorized, required or permitted by Code of Ala. 1975, § 4-6-10.

63.10.5. Hazard marking and lighting. In granting any permit or variance under this section, the manager of inspection or the board of zoning adjustment, as the case may be, may, if such action is deemed advisable to effectuate the purposes of this article and be reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard, upon payment to the owner for all damage resulting to his property by such maintenance.

(Ord. No. 07-460, § 4, 6-28-2007)

State Law reference— Permits, Code of Ala. 1975, § 4-6-8.

The regulations adopted under this article shall be administered and enforced by the zoning administrator for the City of Huntsville, Alabama. Applications for permits under this article shall be made to the zoning administrator, who shall forward the application to the building inspector. Applications for variances under this article shall be filed with the zoning administrator who shall set the same down for hearing before the board of zoning adjustment.

Any person aggrieved by any decision of the board of zoning adjustment made in its administration of regulations adopted under this article or any governing body of a political subdivision which is of the opinion that a decision of such board is an improper application of airport zoning regulations of concern to such governing body or board may appeal to the circuit court of the county where such airport is located for a trial de novo.

All appeals taken under this section must be taken within ten days by filing with the board from which the appeal is taken a notice of appeal specifying the grounds thereof. The board from which the appeal is taken shall forthwith transmit to the court all the papers constituting the record upon which the action appealed was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the board from which the appeal is taken certifies to the court, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property and file bond to indemnify the owner for damages as may be fixed by the court. In such cases, proceedings may be stayed upon the filing by the appellant of a supersedeas bond in an amount to be set by the circuit court of the county in which the subject matter of such decision lies on application by the appellant or the board from which the appeal is taken.

The court may, in conformity with the provisions of this article, reverse, affirm wholly or partly, or modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the board from which the appeal is taken.

(Ord. No. 07-460, § 4, 6-28-2007)

(Ord. No. 99-206, § 5, 4-8-1999)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this article or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Any person creating an airport hazard may be compelled, at his own expense, to discontinue, lower, remove, reconstruct, or equip such an object as may be necessary to conform to this article, or if the owner shall neglect or refuse to comply with such order for ten days after notice thereof, the City of Huntsville, Alabama, may proceed to have the airport hazard conformed to the requirements of the article, and recover the cost and expense thereof from the owner.

State Law reference— Similar provisions, Code of Ala. 1975, § 4-6-12.

In the event of conflict between this article and any other regulation, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such regulations were adopted before or after this article, or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.

If any section, clause, provision, or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, cause, provision or portion of this article which is not and of itself invalid or unconstitutional.

This article shall take effect and be in force from and after the date of this adoption.