A.

The City Council finds that:

1.

An airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity;

2.

An obstruction of the type that reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft tends to destroy or impair the utility of the airport and the public investment in the airport;

3.

The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport;

4.

It is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented;

5.

This should be accomplished, to the extent legally possible, by exercise of the police power, without compensation;

6.

Both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests in land; and

7.

The establishment of an airport overlay zone best prevents the creation or establishment of an airport hazard, and promotes the public health, safety, and general welfare.

B.

An airport overlay zone is established which shall be a special purpose zone or secondary zoning district of the zoning classification in this title.

(Ord. No. 2024-17, 12-19-2024)

For purposes of this chapter, the following terms shall have the following meanings set forth below:

Airport means the Hurricane Municipal Airport and any other publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. Airport includes a vertiport if the vertiport is open for public use.

Airport approach, transitional, horizontal, and conical zones. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces and are defined in this chapter.

Airport elevation means the elevation in feet above mean sea level of the highest point of the landing areas of the airport.

Airport hazard means any structure, tree, object of natural growth, or use of land that potentially obstructs or otherwise impacts the safe and efficient utilization of the navigable airspace required for the flight of aircraft in landing or take-off at an airport.

Airport influence area means land located:

1.

Within 5,000 feet of an airport runway; or

2.

Within 500 feet of a vertiport that is open for public use.

Airport overlay zone means a secondary zoning district designed to protect the public health, safety, and welfare near an airport that is within 5,000 feet of an airport runway; or (b) within 500 feet of a vertiport that is open for public use. An airport overlay zone:

1.

Applies land use regulation in addition to the primary zoning district land use regulation of property used as an airport and property within an airport influence area;

2.

May extend beyond the airport influence area;

3.

Ensures airport utility as a public asset;

4.

Protects property owner land values near an airport through compatible land use regulations as recommended by the Federal Aviation Administration; and

5.

Protects aircraft occupant safety through protection of navigable airspace.

Airport primary surface means a surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point in the primary surface is the same as the elevation of the nearest point on the runway centerline.

Airport runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length. For the purpose of this land use ordinance, the runway length shall be 3,400 feet.

Airport utility runway means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

Structure means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines.

Tree means any object of natural growth.

(Ord. No. 2024-17, 12-19-2024)

A.

Any person building or development land within an airport influence area or airport overlay zone shall conform to the requirements of this chapter; Utah Code Annotated tit. 72, ch. 10, pt. 4, as amended; Utah Code Annotated tit. 10, ch. 9a, Municipal Land Use, Development, and Management Act, as amended; and 14 C.F.R. Part 77, as amended.

B.

Flight of aircraft over the lands and waters of the state is lawful, unless:

1.

At such a low altitude as to interfere with the existing use to which the owner has put the land, water, or the airspace over the land or water; or

2.

So conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.

(Ord. No. 2024-17, 12-19-2024)

In order to carry out the provisions of this chapter, there are hereby created and established certain height limiting zones, which include all the land lying within the utility and nonprecision instrument approach zones, transitional zones, horizontal zones, and conical zones. Such zones are shown on the municipal airport zoning map (hereafter referred to as "the map"), a copy of which is attached to the ordinance codified herein and incorporated herein by this reference as if fully set forth. The various height limiting zones are hereby established and defined as follows:

A.

Approach zone. An approach zone, as shown on the map, is hereby established, commencing at each end of the runway at a width of 200 feet, 100 feet on each side of the centerline of the runway, and extending in length and width at a ratio of 20 feet in length for every one foot in width, until said zone reaches a total length of 5,000 feet in each direction and achieves a maximum width of 1,250 feet, 625 feet on each side of the centerline of said zone, as measured at the end of said 5,000-foot distance.

B.

Transitional zone. Transitional zones, as shown on the map, are hereby established adjacent to each utility and runway and visual approach zone. Transitional zones symmetrically located on either side of runways have variable widths as shown on the map. Transitional zones extend outward from a line on either side of the centerline of the runway, for the length of such runway plus 200 feet on the end, and are parallel to and level with such runway centerlines. The transitional zone along such runway slopes upward and outward seven feet horizontally for each one foot vertically to the point where they intersect the surface of the horizontal zone. Further, transitional zones are established adjacent to visual approach zones for the entire length of the approach zone. These transitional zones have variable widths, as shown on the map. Such transitions flare symmetrically with either side of the runway approach zone from the base of such zone and slope upward and outward at the rate of seven feet horizontally for each one foot vertically to the points where they intersect the surfaces of the horizontal and conical zones.

C.

Horizontal zone. A horizontal zone, as shown on the map, is hereby established as the area within arcs of radius from points at the end of the runway at the centerline extension and having a radius of 5,000 feet at 150 feet above the airport elevation. The horizontal zone does not include the utility transition zone.

D.

Conical zone. A conical zone, as shown on the map, is hereby established as the area that commences at the periphery of the horizontal zone and extends outward for a distance of 4,000 feet. The conical zone does not include the utility transition zone. The conical zone shall rise 20 feet in height for each one foot in horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 350 feet above the airport elevation.

(Ord. No. 2024-17, 12-19-2024)

Except as otherwise provided herein, no structure shall be constructed, erected or altered, and no tree shall be planted or allowed to grow or in any way maintained in any height limiting zone created by this chapter to a height in excess of the height limit for each of the zones as established herein, as follows:

A.

Approach zone. Slopes 20 feet outward for each foot upward beginning at the end of the zone and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

B.

Transitional zone. Slopes seven feet outward for each one 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 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven feet outward for each one 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. One hundred fifty feet above the airport elevation.

D.

Conical zone. Twenty feet in height for each one foot of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 350 feet above the airport elevation.

E.

Excepted height limitation. Nothing in this chapter shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height consistent with the terms of this chapter.

F.

Most restrictive limitation prevails. Where a zone is covered by more than one height limitation, the more restrictive limitations shall prevail.

(Ord. No. 2024-17, 12-19-2024)

A.

Regulations not retroactive. The regulations prescribed by this chapter shall not be construed so as to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuation 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 and diligently prosecuted prior to the effective date of this chapter.

B.

Marking and lighting. Notwithstanding the provisions of subsection A of this section, the City shall have the right to install, place and maintain lights or markers on noncomplying structures or nonconforming trees, as deemed necessary by the airport manager, in order to warn the operators of aircraft of the presence of such noncomplying structures or nonconforming trees.

(Ord. No. 2024-17, 12-19-2024)

A.

Permit in excess of allowed height. Any person desiring to:

1.

Erect any new building or structure to a height in excess of that allowed by this chapter;

2.

Increase the height of any existing building or structure to a height in excess of that allowed by this chapter;

3.

Permit the growth of any tree to a height in excess of that allowed by this chapter; or

4.

Otherwise use property not in accordance with the regulations prescribed by this chapter, may apply to the appeals board for a variance in accordance with section 10-7-12 et seq. of this title; provided, however that no such variance shall be approved without the written recommendation of the Airport Advisory Board.

B.

Hazard marking and lighting. Any variance approved by the Appeals Board may, if such action is deemed reasonable and advisable to effectuate the purpose of this chapter, require as a condition of approval that the owner of the building, structure or tree in question, at his own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to fliers the presence of any airport hazard.

(Ord. No. 2024-17, 12-19-2024)

A.

Applicants seeking to build on or develop land in an airport influence area shall be provided with the following notice, in writing:

NOTICE OF AIRPORT AREA

Notice is hereby provided to all persons building on or developing land on this property that the property is located in the vicinity of the Hurricane Municipal Airport, or other public airport, in which normal aviation uses and activities, including aircraft overflights and associated noise.

B.

The notice required by this section may be provided in the application materials associated with building permits, site plans, plats, or other developments.

C.

The notice required by this section shall be placed on all final plats recorded with the county recorder's office when any portion of the property subject to the plat is within an airport influence area.

(Ord. No. 2024-17, 12-19-2024)

Due to unusual topography and proximity to hillsides, the provisions of this chapter shall not apply to certain territory located on the east side of the airport at or near the base of Hurricane Hill, as shown on the map.

(Ord. No. 2024-17, 12-19-2024)

In the event of conflict between any airport land use regulations adopted under this part and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the airport overlay zone requirement shall govern and prevail.

(Ord. No. 2024-17, 12-19-2024)