- AIRPORT ZONES
Airport zones are hereby established for the purpose of regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of property located in the City of Junction City, which by reason of its relationship to an airport, located either in the City of Junction City or in the unincorporated area adjacent to Junction City, would fall within one (1) or more of the airport zones as established herein. Such zones shall include airport approach zones, transition zones, horizontal zone and conical zone. The boundaries of such zones shall be shown on the Junction City Zoning Map. The airport zones as established by this Chapter shall apply to all zoning districts of these Regulations, where applicable. Where an area is covered by more than one (1) limitation of the same kind, the more restrictive limitation shall prevail.
(Zoning §9-101; Ord. No. G-637 §1, 4-22-86)
It is hereby found that an airport hazard endangers the lives and property of users of an airport and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport and the public investment therein. Accordingly, it is declared:
1.
The creation or establishment of an airport hazard is a public nuisance and an injury to the region served;
2.
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, and;
3.
The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that 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 the City of Junction City may raise and expend public funds and acquire land or interests in land.
(Zoning §9-102; Ord. No. G-637 §1, 4-22-86)
As used in this Chapter, unless the context otherwise requires:
AIRPORT: Any airport in the Junction City area, which by its location would make this Chapter applicable to various areas of the City of Junction City.
AIRPORT ELEVATION: The established elevation of the highest point on the usable land area.
AIRPORT HAZARD: Any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.
AIRPORT REFERENCE POINT: The point established as the approximate geographic center of the airport landing area and so designated.
HEIGHT: For the purpose of determining the height limits in all airport zones set forth in these Regulations and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
LANDING AREA: The area of the Airport used for the landing, taking off or taxiing of aircraft.
NON-PRECISION INSTRUMENT RUNWAY: A runway having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
PRECISION INSTRUMENT RUNWAY: A runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.
RUNWAY: The paved surface of an airport landing strip.
STRUCTURE: The same as that defined in the general definitions in Section 400.030 of this Title, except that as applied to airport zones it shall include any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
TREE: Any object of natural growth.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures.
(Zoning §9-103; Ord. No. G-637 §1, 4-22-86)
In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, non-instrument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the Junction City Zoning Map. The various zones are hereby established and defined as follows:
1.
Precision instrument approach zone. A precision instrument approach zone is established at each end of the precision instrument runway utilizing an Instrument Landing System (ILS) for precision instrument landings and takeoffs. The precision instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
2.
Non-precision instrument approach zone. A non-precision instrument approach zone is established at each end of all non-precision instrument runways for non-precision instrument landings and takeoffs. The non-precision instrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand (2,000) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
3.
Visual approach zone. A visual flight rules approach zone shall have a width of two hundred fifty (250) feet at a distance of two hundred (200) feet beyond each end of the runway widening thereafter uniformly to a width of one thousand two hundred fifty (1,250) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway.
4.
Transition zones. Transition zones are hereby established adjacent to each precision instrument, non-precision instrument, and visual runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line one hundred twenty-five (125) feet on either side of the centerline of the visual runway, for the length of such runway plus two hundred (200) feet on each end; two hundred fifty (250) feet either side of the centerline of the non-precision instrument runway, for the length of such runway plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the centerline of the precision instrument runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and non-instrument approach zones for the entire length of the approach zones. These transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zones, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway.
5.
Horizontal zone. A horizontal zone is established by swinging arcs of five thousand (5,000) feet radii for all runways designated utility or visual and ten thousand (10,000) feet for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach zones and the transition zones.
6.
Conical zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward and upward at a slope of twenty (20) to one (1) for a distance of four thousand (4,000) feet.
(Zoning §9-104; Ord. No. G-637 §1, 4-22-86)
Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport zone created by this Chapter to a height in excess of the height limits herein established for each airport zone. Such height limitations are hereby established for each of the zones in question as follows:
1.
Precision instrument approach zone. One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway.
2.
Non-precision instrument approach zones. One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred feet (200) from and at the centerline elevation of the end of the non-precision instrument runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway.
3.
Visual airport approach zones. One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway.
4.
Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point one hundred twenty-five (125) feet normal to and at the elevation of the centerline of visual runways, extending two hundred (200) feet beyond each end thereof; two hundred fifty (250) feet normal to and at the elevation of the centerline of the non-precision instrument runways, extending two hundred (200) feet beyond each end thereof; and five hundred (500) feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the established airport reference elevation. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the precision instrument approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended.
5.
Horizontal zones. One hundred fifty (150) feet above the airport elevation.
6.
Conical zone. One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation, extending to a height of three hundred fifty (350) feet above the airport elevation.
7.
Excepted height limitations. Nothing in this Chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50) feet above the surface of the land. However, where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.
(Zoning §9-105; Ord. No. G-637 §1, 4-22-86)
Notwithstanding any other provisions of this Chapter no use may be made of land within any airport zone established by this Chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyer 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, or maneuvering of aircraft.
(Zoning §9-106; Ord. No. G-637 §1, 4-22-86)
The regulations prescribed by this Chapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the requirements of this Chapter as of the effective date of this Chapter or otherwise interfere with the continuance of any non-conforming use based upon this Chapter. Nothing contained in this Chapter 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, except that all other requirements of these Regulations concerning non-conformities except as related to airport zones shall apply.
(Zoning §9-107; Ord. No. G-637 §1, 4-22-86)
Notwithstanding any other provision of this Chapter the owner of any non-conforming structure or tree with regards to airport zones is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary to the City of Junction City to indicate to the operators of 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 of Junction City.
(Zoning §9-108; Ord. No. G-637 §1, 4-22-86)
A.
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 except as provided in Subsection A (1—3) of this Section.
1.
In the area lying within the limits of the horizontal zone and the conical zone, any tree or structure less than seventy-five (75) feet of vertical height above the ground may be planted, erected, altered or otherwise established, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone or would be in conflict with the height limitations for the various zoning districts as established in Chapter 405 of this Title.
2.
In the areas lying within the limits of the approach zones but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runways, any tree or structure less than seventy-five (75) feet of vertical height above the ground may be planted, erected or altered or established, except when such tree or structure would extend above the height limit prescribed for such approach zones, or would be in conflict with the height limitations of the various zoning districts as established in Chapter 405 of this Title.
3.
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, any tree or structure less than seventy-five (75) feet of vertical height above the ground may be planted, erected, altered or established, 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, or would be in conflict with the height limitations for the various zoning districts as established in Chapter 405 of this Title.
B.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this Chapter.
(Zoning §9-109; Ord. No. G-637 §1, 4-22-86)
Nothing in this Chapter shall be deemed to permit the establishment or creation of an airport hazard or permit a non-conforming 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 any amendments thereto.
(Zoning §9-110; Ord. No. G-637 §1, 4-22-86)
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his/his property, not in accordance with the regulations prescribed in this Chapter may apply to the Commission for variances from such regulations. Such variances shall be allowed only in accordance with the procedures for variances as established in these Regulations.
(Zoning §9-111; Ord. No. G-637 §1, 4-22-86)
Any variance granted may, if such action is deemed advisable to effectuate the purpose of this Chapter 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 thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard, at the owner's expense.
(Zoning §9-112; Ord. No. G-637 §1, 4-22-86)
- AIRPORT ZONES
Airport zones are hereby established for the purpose of regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of property located in the City of Junction City, which by reason of its relationship to an airport, located either in the City of Junction City or in the unincorporated area adjacent to Junction City, would fall within one (1) or more of the airport zones as established herein. Such zones shall include airport approach zones, transition zones, horizontal zone and conical zone. The boundaries of such zones shall be shown on the Junction City Zoning Map. The airport zones as established by this Chapter shall apply to all zoning districts of these Regulations, where applicable. Where an area is covered by more than one (1) limitation of the same kind, the more restrictive limitation shall prevail.
(Zoning §9-101; Ord. No. G-637 §1, 4-22-86)
It is hereby found that an airport hazard endangers the lives and property of users of an airport and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport and the public investment therein. Accordingly, it is declared:
1.
The creation or establishment of an airport hazard is a public nuisance and an injury to the region served;
2.
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, and;
3.
The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that 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 the City of Junction City may raise and expend public funds and acquire land or interests in land.
(Zoning §9-102; Ord. No. G-637 §1, 4-22-86)
As used in this Chapter, unless the context otherwise requires:
AIRPORT: Any airport in the Junction City area, which by its location would make this Chapter applicable to various areas of the City of Junction City.
AIRPORT ELEVATION: The established elevation of the highest point on the usable land area.
AIRPORT HAZARD: Any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.
AIRPORT REFERENCE POINT: The point established as the approximate geographic center of the airport landing area and so designated.
HEIGHT: For the purpose of determining the height limits in all airport zones set forth in these Regulations and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
LANDING AREA: The area of the Airport used for the landing, taking off or taxiing of aircraft.
NON-PRECISION INSTRUMENT RUNWAY: A runway having an instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.
PRECISION INSTRUMENT RUNWAY: A runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.
RUNWAY: The paved surface of an airport landing strip.
STRUCTURE: The same as that defined in the general definitions in Section 400.030 of this Title, except that as applied to airport zones it shall include any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.
TREE: Any object of natural growth.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures.
(Zoning §9-103; Ord. No. G-637 §1, 4-22-86)
In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, non-instrument approach zones, transition zones, horizontal zone and conical zone. Such areas and zones are shown on the Junction City Zoning Map. The various zones are hereby established and defined as follows:
1.
Precision instrument approach zone. A precision instrument approach zone is established at each end of the precision instrument runway utilizing an Instrument Landing System (ILS) for precision instrument landings and takeoffs. The precision instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
2.
Non-precision instrument approach zone. A non-precision instrument approach zone is established at each end of all non-precision instrument runways for non-precision instrument landings and takeoffs. The non-precision instrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand (2,000) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.
3.
Visual approach zone. A visual flight rules approach zone shall have a width of two hundred fifty (250) feet at a distance of two hundred (200) feet beyond each end of the runway widening thereafter uniformly to a width of one thousand two hundred fifty (1,250) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway.
4.
Transition zones. Transition zones are hereby established adjacent to each precision instrument, non-precision instrument, and visual runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line one hundred twenty-five (125) feet on either side of the centerline of the visual runway, for the length of such runway plus two hundred (200) feet on each end; two hundred fifty (250) feet either side of the centerline of the non-precision instrument runway, for the length of such runway plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the centerline of the precision instrument runway, for the length of such runway plus two hundred (200) feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and non-instrument approach zones for the entire length of the approach zones. These transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zones, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway.
5.
Horizontal zone. A horizontal zone is established by swinging arcs of five thousand (5,000) feet radii for all runways designated utility or visual and ten thousand (10,000) feet for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach zones and the transition zones.
6.
Conical zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward and upward at a slope of twenty (20) to one (1) for a distance of four thousand (4,000) feet.
(Zoning §9-104; Ord. No. G-637 §1, 4-22-86)
Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport zone created by this Chapter to a height in excess of the height limits herein established for each airport zone. Such height limitations are hereby established for each of the zones in question as follows:
1.
Precision instrument approach zone. One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway.
2.
Non-precision instrument approach zones. One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred feet (200) from and at the centerline elevation of the end of the non-precision instrument runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway.
3.
Visual airport approach zones. One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway.
4.
Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point one hundred twenty-five (125) feet normal to and at the elevation of the centerline of visual runways, extending two hundred (200) feet beyond each end thereof; two hundred fifty (250) feet normal to and at the elevation of the centerline of the non-precision instrument runways, extending two hundred (200) feet beyond each end thereof; and five hundred (500) feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the established airport reference elevation. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the precision instrument approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended.
5.
Horizontal zones. One hundred fifty (150) feet above the airport elevation.
6.
Conical zone. One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation, extending to a height of three hundred fifty (350) feet above the airport elevation.
7.
Excepted height limitations. Nothing in this Chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50) feet above the surface of the land. However, where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.
(Zoning §9-105; Ord. No. G-637 §1, 4-22-86)
Notwithstanding any other provisions of this Chapter no use may be made of land within any airport zone established by this Chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyer 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, or maneuvering of aircraft.
(Zoning §9-106; Ord. No. G-637 §1, 4-22-86)
The regulations prescribed by this Chapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the requirements of this Chapter as of the effective date of this Chapter or otherwise interfere with the continuance of any non-conforming use based upon this Chapter. Nothing contained in this Chapter 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, except that all other requirements of these Regulations concerning non-conformities except as related to airport zones shall apply.
(Zoning §9-107; Ord. No. G-637 §1, 4-22-86)
Notwithstanding any other provision of this Chapter the owner of any non-conforming structure or tree with regards to airport zones is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary to the City of Junction City to indicate to the operators of 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 of Junction City.
(Zoning §9-108; Ord. No. G-637 §1, 4-22-86)
A.
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 except as provided in Subsection A (1—3) of this Section.
1.
In the area lying within the limits of the horizontal zone and the conical zone, any tree or structure less than seventy-five (75) feet of vertical height above the ground may be planted, erected, altered or otherwise established, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone or would be in conflict with the height limitations for the various zoning districts as established in Chapter 405 of this Title.
2.
In the areas lying within the limits of the approach zones but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runways, any tree or structure less than seventy-five (75) feet of vertical height above the ground may be planted, erected or altered or established, except when such tree or structure would extend above the height limit prescribed for such approach zones, or would be in conflict with the height limitations of the various zoning districts as established in Chapter 405 of this Title.
3.
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, any tree or structure less than seventy-five (75) feet of vertical height above the ground may be planted, erected, altered or established, 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, or would be in conflict with the height limitations for the various zoning districts as established in Chapter 405 of this Title.
B.
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this Chapter.
(Zoning §9-109; Ord. No. G-637 §1, 4-22-86)
Nothing in this Chapter shall be deemed to permit the establishment or creation of an airport hazard or permit a non-conforming 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 any amendments thereto.
(Zoning §9-110; Ord. No. G-637 §1, 4-22-86)
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his/his property, not in accordance with the regulations prescribed in this Chapter may apply to the Commission for variances from such regulations. Such variances shall be allowed only in accordance with the procedures for variances as established in these Regulations.
(Zoning §9-111; Ord. No. G-637 §1, 4-22-86)
Any variance granted may, if such action is deemed advisable to effectuate the purpose of this Chapter 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 thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard, at the owner's expense.
(Zoning §9-112; Ord. No. G-637 §1, 4-22-86)