(A)   Title: This chapter shall be known as the AIRPORT AFFECTED AREA (AAA) REGULATIONS for the Lewistown Municipal Airport.

   (B)   Authority: Authorization for these regulations is in the airport compatibility act found in title 67, chapter 7, Montana Code Annotated.

   (C)   Purpose And Intent: It is the purpose of these regulations to promote the public health, safety and general welfare of airport users and persons and property in the vicinity of the Lewistown Municipal Airport by addressing the effects of noise 1 , height of structures and trees, and land use in the vicinity of the Lewistown Municipal Airport, in accordance with section 67-7-203, Montana Code Annotated 2 . These regulations are intended to protect the transportation infrastructure provided to the community by the airport from incompatible development and protect the airport from personal or property injury claims due to noise and hours of operations.

   (D)   Designation Of Airport Affected Area: A hearing was held by the Fergus County commissioners and the Lewistown city commission on July 14, 2011, and November 21, 2011, respectively before the airport affected area (AAA) was designated, after notice was published according to sections 7-1-2121 and 7-1-4127, Montana Code Annotated, respectively 3 .  A draft of these regulations was addressed at that hearing and public comment was taken and considered.

The airport affected area for the Lewistown Municipal Airport is shown on drawing 1 designated "airport affected area drawing ("AAA drawing")". The AAA encompasses the entire 14 CFR, part 77 surfaces, which are also shown on the airport airspace drawings 2 through 6. The surfaces defined by 14 CFR, part 77 identify the elevations of surfaces by which existing and potential objects (i.e., ground, structures, vegetation, etc.) become obstructions. The legal description of the AAA will be drawings 1 through 6 as recorded. The AAA drawings are on file with the Fergus County clerk and recorder, the city of Lewistown clerk and the airport board clerk.

   (E)   Jurisdiction: The Lewistown Municipal Airport is jointly owned by Fergus County and the city of Lewistown and operated by an airport board. The three (3) jurisdictions have elected to designate the AAA and adopt the regulations for this area acting jointly.

      1.   The city of Lewistown shall be exclusively responsible for administration and enforcement of the provisions of these regulations for those areas affected that lie within the corporate limits of the city but outside of the airport property area.

      2.   Fergus County shall be exclusively responsible for administration and enforcement of the provisions of these regulations for those areas affected that lie outside the corporate limits of the city of Lewistown and that lie outside the airport property area, but lie within Fergus County.

      3.   The Lewistown Municipal Airport board shall be exclusively responsible for administration and enforcement of the provisions of these regulations for those areas affected that lie within the limits of the airport property area.

   (F)   Severability; Validity: If a court of competent jurisdiction holds any word, phrase, clause, sentence, paragraph, section, or other part of these regulations invalid, that judgment affects only the part held invalid. (Ord. 1739, 2-6-2012)

   (A)   General: Definitions which generally apply to title 67, Montana Code Annotated and to these regulations are found in section 67-1-101, Montana Code Annotated. In addition, definitions specific to the airport compatibility act are found in section 67-7-103, Montana Code Annotated. The airport compatibility act allows definitions from 14 CFR, part 77 to apply to these regulations as well. The following definitions apply to these regulations. If there is found to be a conflict in interpretation between title 67, Montana Code Annotated or 14 CFR, part 77 and these regulations, the more restrictive applies.

   (B)   Specifically:

    AGL: Above ground level. This is the level from which a structure height is measured at the structure location.

   ADMINISTRATIVE OFFICER: For the city of Lewistown: The administrative officer for the city of Lewistown shall be the Lewistown director of public works for the permitting process within the corporate limits of the city of Lewistown.

For Fergus County: The administrative officer shall be the Fergus County planner for permitting those areas within Fergus County, but outside the city of Lewistown.

For the Lewistown Municipal Airport: The administrative officer shall be the Lewistown Municipal Airport manager for permitting those areas within the property limits of the airport.

Administrative officers shall be designated by each governing body to serve as each governing body's representative to issue permits and variances under these regulations and to administer the regulations.

   AERONAUTICAL AREAS: Those areas of the airport property shown on the airport layout plan for existing and future aviation needs such as runways, hangars, aprons, taxi lanes, etc., and those areas of the airport property which are suitable for aviation related businesses and uses.

   AIRPORT: The Lewistown Municipal Airport.

   AIRPORT AFFECTED AREA (AAA): The land and space above the ground surface of an airport in the proximity of the airport, the use of which may be affected by the airport's existence, and includes areas which are delineated on the ground which lie beneath the horizontal surface, the conical surface, the primary surfaces, the approach surfaces and the transitional surface as described in 14 CFR, part 77 and in these regulations. The AAA for the Lewistown Municipal Airport is defined by the outermost perimeter of the conical surface and all runway approach surfaces.

   AIRPORT BOARD: The Lewistown Municipal Airport board.

   AIRPORT CRITICAL AREA: An area enclosed by the contour line fifty feet (50') above the airport elevation on all approach and transitional surfaces (see the airport AAA drawing 6). Used only for permit administration.

   AIRPORT ELEVATION: The highest point on the airport's established runways measured in feet above mean sea level (MSL) and based on the North American vertical datum of 1988 (NAVD 88). The elevation of the Lewistown Municipal Airport is 4,167.0 feet.

   AIRPORT LAYOUT PLAN (ALP): A graphic depiction of existing conditions and future proposed development. An ALP typically consists of several drawings, each intended to depict specific information about the airport, and an ALP report explaining the reasoning behind, and important features of, the ALP.

   AIRPORT PROPERTY AREA: This area, as shown on drawing 5, encompasses that land owned jointly by Fergus County and the city of Lewistown and governed by the airport board and designated for airport use. The airport is required to comply with FAA regulations and grant assurances within its own boundaries to remain eligible for federal funding assistance, including maximizing the use of nonaeronautical areas in order to provide revenue to the airport.

   APPEALS BOARD: The governing body to which an applicant may appeal decisions.

   APPLICANT: A person or property owner who proposes to construct a structure within the limits of this AAA to a height of which penetrates the height limits of these regulations and/or any of the surfaces of the AAA.

   AREAS: Delineated areas on the ground as shown on the AAA drawings and designates where various land uses are permitted and within which certain height restrictions apply.

   ELECTROMAGNETIC EFFECT: Any interference or impediment to the transmission or quality of navigation or communication signals to or from aircraft, meteorological equipment, navigation equipment, communications equipment, or air traffic control facilities caused by a power source, radio frequency transmitter, or an object or surface that emits, reflects or reradiates an electromagnetic signal or electrical pulse.

   FAA: The federal aviation administration.

   GOVERNING BODY: The Fergus County commission for the area outside the city of Lewistown, the Lewistown city commission for the area within the city limits and the Lewistown Municipal Airport board for area within the airport property area.

   HEIGHT: The vertical difference in feet between the highest point of a structure or tree and the ground elevation coinciding with its location shown on the vicinity sketch.

   NONAERONAUTICAL AREAS: Those areas of the airport property, outside of the aeronautical areas, which might be suitable for uses such as office space for governmental entities.

   NONCONFORMING USE: Any preexisting structure, tree or other object of natural growth or use of land that is lawfully in existence when these regulations become effective, but does not conform to the height or use provisions of these regulations.

   NONPRECISION INSTRUMENT RUNWAY: A runway having or planned to have an authorized instrument approach procedure providing course guidance without vertical path guidance. At the Lewistown Municipal Airport, runway 3-21 is a nonprecision instrument runway with anticipated one mile approach visibility minimum.

   PRECISION INSTRUMENT RUNWAY: A runway equipped or to be equipped with an authorized instrument approach procedure providing both course and vertical path guidance. At the Lewistown Municipal Airport, runway 8-26 is a precision instrument runway with anticipated three-fourths (3/4) mile approach visibility minimum.

   PRIMARY AREA: The area extending equidistantly on either side of each runway centerline with total width:

      1.   For utility nonprecision instrument runways, five hundred feet (500') (runway 13-31, 3-21).

      2.   For precision and nonprecision instrument runways, one thousand feet (1,000') (runway 8-26).

      3.   For the length of such runway plus two hundred feet (200') on each end.

   RUNWAY: The defined and prepared surface of an airport, suitable for landing or taking off by aircraft, as well as planned extensions documented on the AAA drawing. The type(s), dimensions and orientation of the runway(s) at the Lewistown Municipal Airport are:

      1.    Runway 8-26 is a 100'-wide paved runway with a projected 1400'-long extension to the west and oriented N89.99°W True. The existing Runway 8 end monument is at 47°03'10.80"N, 109°28'10.38"W, with projected extension to 47°03'10.80"N, 109°28'23.38"W. The Runway 26 end monument is at approximately 47°03'10.79"N, 109°26'42.29"W.

      2.   Runway 3-21 is a 100'-wide paved runway with end monuments at 47°02'25.34"N, 109°28'51.33"W and 47°03'08.92"N, 109°28'01.63"W. It is oriented N31.94°E True.

      3.   Runway 13-31 is a 60'-wide paved runway with end monuments at 47°03'06.56"N, 109°28'33.20"W and 47°02'35.58"N, 109°27'55.12"W. It is oriented N131.64°W True.

   RUNWAY INFLUENCE AREA: Where protection of planned runway extensions and/or improved approaches is anticipated within a thirty (30) year planning period, affected areas exterior to the airport property boundaries are designated "runway influence area".

   RUNWAY PROTECTION AREA: Where protection of planned runway extensions and/or improved approaches is anticipated within a thirty (30) year planning period, affected areas within the airport property boundaries are designated "runway protection area".

   STRUCTURE: An object constructed or installed by a person, including, but not limited to, buildings, towers (cell or otherwise), radio antennas, cranes, smokestacks, earth formations, and overhead transmission lines.

   SURFACES: 14 CFR, part 77.25 civil airport imaginary surfaces for existing and planned development of the airport as documented on the AAA drawings. These surfaces are located above and in relation to a runway or runways. Types of surfaces include approach surfaces, conical surface, horizontal surface, primary surface and transitional surface.

   TERRAIN PENETRATION: Any natural land surface that penetrates into any of the civil airport imaginary surfaces as defined in 14 CFR, part 77.25.

   THRESHOLD: The beginning of the portion of a runway that is available for landing.

   TREE: Any vegetation or other naturally growing object.

   UTILITY NONPRECISION INSTRUMENT RUNWAY: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less, having or planned to have an authorized instrument approach procedure providing course guidance without vertical path guidance. At the Lewistown Municipal Airport, runway 13-31 is a utility nonprecision instrument runway with anticipated one mile approach visibility minimum.

   VARIANCE: An allowed deviation from the height or use requirements of these regulations.

   VICINITY SKETCH: An eight and one-half inch by eleven inch (81/2" x 11") nonreduced copy of a portion of a 7.5 minute USGS quadrangle map showing the location of a proposed structure, tree or land use, and identifies the ground elevation at the proposed location. The vicinity sketch must include the name of the USGS map copied, the township and range of the area shown, and the horizontal and vertical data upon which the map is based (typically found in the lower right hand corner). (Ord. 1739, 2-6-2012)

   (A)   Appointment Of Administrative Officers: In accordance with section 67-7-301, Montana Code Annotated, the Lewistown director of public works and the Fergus County planner are hereby established and shall be known as the "AAA administrative officer" and shall serve, respectively, as the city's and county's representative to issue permits and variances under these regulations and to administer the regulations for proposed developments outside of the limits of the airport property area.

Within the boundary of the airport property area, the Lewistown Municipal Airport manager, acting on behalf of the airport board, is hereby established as the "AAA administrative officer" and shall serve to administer proposed developments, conditional uses and/or variances within the boundary of the airport property area and make recommendations to the airport board for approval or disapproval. The airport board will make final approval decisions. The airport manager and airport board will only be monitoring the proposed development for conformity to these AAA regulations and the approved airport layout plan. Applicant may still have to acquire all necessary permits from the city of Lewistown or Fergus County.

   (B)   Appeals Board:

      1.   In accordance with section 67-7-302, Montana Code Annotated the appeals board is hereby established as the city/county planning board.

The appeals board shall possess and exercise the following powers:

         (a)   To hear and decide appeals from any order, requirement, decision, or determination made by the city of Lewistown, Fergus County and/or the airport board in the enforcement of these regulations.

         (b)   To hear and decide special exceptions to the provisions of these regulations upon which the city of Lewistown, Fergus County or the airport board under such provisions may be required to pass.

         (c)   To hear and decide specific variances.

      2.   The appeals board shall adopt rules for its governance and procedure consistent with the provisions of these regulations. Meetings of the appeals board shall be held at the call of the chairperson and at such other times as the appeals board may determine. The chairperson may administer oaths and compel the attendance of witnesses. All members of the appeals board shall keep minutes of its proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of Lewistown city, Fergus County and the airport and shall be a public record.

      3.   The appeals board shall make written findings of fact 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 these regulations.

      4.   A majority vote of the appeals board shall be necessary to reverse any order, requirement, decision or determination of the permitting authority, or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations, or to grant any variance from the provisions or requirements of these regulations.

   (C)   Fees For Permits And Variances: An administrative fee shall be assessed for processing permits and variances as follows:

      1.   Basic permit: Fee to be set by the permitting authority within the jurisdiction of that authority.

   (D)   Permit Procedure: The purpose of the permitting process is to allow the administrative officers to monitor the height of structures and the uses within the AAA and airport property and to advise those members of the public who wish to change or add structures, or uses, that there are legal restrictions on that activity, in order to protect the public health, safety and general welfare as well as protect the current flying operations at the airport and those expected in the future. A permit must be obtained before the changes or additions are made.

      1.   When An AAA Permit Is Required:

         (a)   Within Airport Property Area: Any proposed development or land use change within the airport property area must first obtain approval from the airport board. A fee will not be assessed by the airport board.

         (b)   Outside Of The Airport Property Area And Critical Areas: Within the corporate limits of the city of Lewistown and/or Fergus County and located within the AAA boundary.

The Lewistown Municipal Airport elevation is hereby established at four thousand one hundred sixty seven feet (4,167') MSL (feet, mean sea level).

         (c)   Permit Required: A permit will be required in accordance with the following criteria:

            (1)   New structures:

   A. A height equal to or greater than one hundred feet (100') above the ground.

   B. A permit will be required for any structure within the "airport critical area" as defined on drawing 6 of the AAA drawings.

            (2)   Land Uses:

   A. Land use within the AAA (other than that within the airport property boundary and airport critical area) shall not be regulated for use by property owners beyond height of structures, airspace for instrument approaches or electromechanical effects to navigational aids.

         (d)   Other Permit Requirements: Permits other than that required by AAA regulation may be required. Contact the appropriate city, county or state offices for current requirements.

      2.   Procedure For Obtaining An AAA Structure Permit:

         (a)   Within Airport Property Area: If a development is proposed within the airport property area, applicant must first obtain approval from the Lewistown Municipal Airport board.

            (1)   Obtain an application for the proposed development from the airport's administrative officer.

            (2)   Submit to the administrative officer, the completed application, a drawing with enough detail to determine height of the structure above ground level, intended use and a vicinity sketch which shows the location of the structure within the airport property area.

            (3)   The airport administrative officer shall make recommendations to the applicant for changes or modifications. The airport administrative officer will then make recommendation for approval or denial to the airport board.

            (4)   After submitting to the airport board for review, the airport board, taking into consideration any public comment, shall either grant, grant with conditions or deny the requested permit in writing, explaining the decision.

            (5)   The discussion of the requested permit with the airport board will be set forth as an agenda item in the notice for the meeting of the airport board and public comment allowed.

            (6)   The decision by the airport board may be appealed in accordance with these regulations and pursuant to section 67-7-302, Montana Code Annotated.

            (7)   If the use is permitted and allowed by the airport board, applicant shall be required to submit an application to the city of Lewistown administrative officer or Fergus County administrative officer, whichever applies, to obtain all necessary permits that pertain to the proposed development.

            (8)   An FAA form 7460-1 will also be required to be completed and submitted by the applicant to the FAA for approval. FAA approval will be required for the structure to be built.

         (b)   Outside Of The Airport Property Area: For proposed structures outside the limits of the airport property area but within the limits of the airport affected area which lie within the corporate city limits or Fergus County:

            (1)   Obtain an application for a permit from the respective administrative officer.

            (2)   Submit to the administrative office the fee, the completed application, a drawing with enough detail to determine height of the structure above ground level and a vicinity sketch which shows the location of the structure within the AAA, in relation to property or section lines.

            (3)   The requested permit must be discussed with the airport board prior to making a decision about whether or not to grant the permit 1 , if the location of the structure is within the airport critical area and/or is within fifty feet (50') of one of the surfaces defined herein. The meeting at which the discussion occurs will be properly noticed and public comment about the proposed use will be allowed at the meeting of the airport board.

            (4)   After consulting with the airport board, the administrative officer shall either grant, grant with conditions or deny the requested permit in writing, explaining the decision 2 .

            (5)   The decision by the administrative officer may be appealed in accordance with these regulations and pursuant to section 67-7-302, Montana Code Annotated.

            (6)   An FAA form 7460-1 will also be required to be completed and submitted by the applicant to the FAA for approval.

      3.   Procedure For Obtaining An AAA Land Use Permit:

         (a)   Within Airport Property Area: If a proposed land use is within the airport property area, applicant must first obtain approval from the Lewistown Municipal Airport board.

            (1)   Obtain an application for the proposed land use from the airport's administrative officer.

            (2)   Submit to the airport administrative officer the application and a description of the existing use and proposed use of the land or structure, explaining why that proposed use is either a permitted or conditional use under these regulations. Submit a vicinity sketch with detail to determine the location of the proposed use within the airport property area. If the proposed use involves changes to an existing structure, combine this application with a structure permit set forth above.

            (3)   The airport administrative officer shall make recommendations to the applicant for changes or modifications. The airport administrative officer will then make recommendation for approval or denial to the airport board.

            (4)   After submitting to the airport board for review, the airport board, taking into consideration any public comment, shall either grant, grant with conditions or deny the requested permit in writing, explaining the decision.

            (5)   The discussion of the requested permit with the airport board will be set forth as an agenda item in the notice for the meeting of the airport board and public comment allowed.

            (6)   The decision by the airport board may be appealed in accordance with these regulations and pursuant to section 67-7-302, Montana Code Annotated.

            (7)   If the use is permitted and allowed by the airport board, applicant shall be required to submit an application to the city of Lewistown administrative officer or Fergus County administrative officer, whichever applies, to obtain all necessary permits that pertain to the proposed development.

            (8)   An FAA form 7460-1 will also be required to be completed and submitted by the applicant to the FAA for approval. FAA approval will be required for the structure to be built.

         (b)   Outside Of The Airport Property Area:

            (1)   Obtain an application for a permit from the administrative officer.

            (2)   Submit to the administrative officer the fee, the application and a description of the existing use and proposed use of the land or structure, explaining why that proposed use is either a permitted or conditional use under these regulations. Submit a vicinity sketch with detail to determine the location of the proposed use within the AAA, in relation to property or section lines. If the proposed use involves changes to an existing structure, combine this application with a structure permit set forth above.

            (3)   The requested permit must be discussed with the airport board prior to making decision about whether or not to grant the permit when the structure or tree is within the airport critical area. The meeting at which the discussion occurs must be properly noticed and public comment about the proposed use must be allowed at the meeting of the airport board.

            (4)   If the requested permit is for a conditional use, the person requesting the permit shall notify the adjacent landowner(s) of the request by mail at least ten (10) days before the meeting. The discussion of the requested permit with the airport board must be set forth as an agenda item in the notice for the meeting of the airport board and public comment allowed 3 .

            (5)   After consulting with the airport board and taking into consideration any public comment, the administrative officer shall either grant, grant with conditions or deny the requested permit in writing, explaining the decision 4 .

            (6)   The decision by the administrative officer may be appealed to the appeals board in accordance with these regulations and pursuant to section 67-7-302, Montana Code Annotated.

      4.   Criteria For Granting Permits:

         (a)   Permits will not be granted for structures that will exceed the height limitations of areas set forth in these regulations or for uses which are not in accordance with these regulations, unless a variance has been granted pursuant to the procedure in subsection (E) of this section.

         (b)   Any permit may require the owner of the structure in question to allow the county commissioners, city commission or airport board, as per jurisdiction, at the owner's expense, to install, operate and maintain the lights and markers necessary to warn pilots of the presence of that structure 5 .

         (c)   Permits will not be granted for structures or trees that result in obstructions to AAA surfaces, or to allow a change in a nonconforming use despite its existence on the date the AAA was designated and these regulations were adopted 6 .

   (E)   Variances:

      1.   When Necessary: A person who seeks to erect or increase the height of a structure, or permit the growth of a tree in excess of the height limitations in these regulations, or use property in a manner that is not a permitted or conditional use, must seek a variance from these regulations.

      2.   Circumstances For Granting A Variance:

         (a)   Two Considerations 7 :

            (1)   Substantial Practical Difficulty Or Unnecessary Hardship: If a literal application or enforcement of these regulations would result in substantial practical difficulty or unnecessary hardship, a variance must be granted, subject to the public interest evaluation below.

            (2)   Public Interest: A variance is not contrary to the public interest when it is determined, after review by the airport board or appeals board and after consultation with the FAA, that there is no immediate hazard to air navigation or to persons and property in the vicinity of the airport and when the noise or vibrations from normal and anticipated normal airport operations would not be likely to cause damage to structures. Public interest considerations include hours of operation and the annoyance to the intended users of the structures 8 .

         (b)   Conditions For A Variance: Conditions may be imposed for granting the variance, including, but not limited to, a requirement the owner of a structure or tree pay for the installation, operation and maintenance of lights and markers necessary to warn pilots of the presence of an AAA obstruction. The county, city or airport, as the case may be, may install the lights or markers 9 .

      3.   Notice To Applicant: Granting of a variance puts the person who builds a structure pursuant to that variance or buys property for which a variance has been granted on notice the airport existed before the variance was granted and that noise, fumes, vibrations, light, or any other effects from normal and anticipated normal airport operations may occur.

      4.   AAA Variance:

         (a)   Procedure To Request An AAA Variance:

            (1)   Obtain an application for a variance from the administrative officer and an FAA form 7460-1.

            (2)   Submit to the administrative officer the required fee, the completed application, a drawing with enough detail to determine the overall height of the structure or tree above ground level and a vicinity sketch which shows the location of the structure or tree within the AAA, in relation to property or section lines. In addition explain in detail why literal application or enforcement of these regulations would result in substantial practical difficulty or unnecessary hardship. The application must address, to the best of the applicant's ability, why granting the variance will not create an immediate hazard to persons or property in the vicinity of the airport as well as assurance that the normal and anticipated normal airport operations will not be likely to cause damage to any proposed structure(s). The form 7460-1 must be filled out, a copy provided to the administrative officer, and submitted to the FAA.

            (3)   The requested variance must be addressed by the airport board prior to the administrative officer making a decision about whether or not to grant the variance. The approving authority shall notify the adjacent landowner(s) of the request by mail at least ten (10) days before the airport board meeting and this notice must include the date, time and place of the meeting. The discussion of the requested variance with the airport board must be specifically set forth as an agenda item in the notice for the meeting of the airport board. Public comment about the variance must be allowed at the meeting of the airport board.

            (4)   After consulting with the airport board and taking into consideration any public comment and the FAA determination (form 7460), the administrative officer shall either grant, grant with conditions or deny the requested variance in writing, explaining the decision 10 .

            (5)   The decision of the administrative officer may be appealed to the pertinent appeals board pursuant to these regulations and section 67-7-303(2), Montana Code Annotated.

         (b)   Criteria For Granting An AAA Variance:

            (1)   The requested variance will not be scheduled for discussion by the airport board until the FAA has made a determination, pursuant to form 7460-1, whether or not there is a hazard to air navigation.

            (2)   A variance must be granted when the applicant demonstrates a literal application or enforcement of the regulations would result in substantial practical difficulty or unnecessary hardship, when the variance would not be contrary to the public interest 11 and when the noise or vibrations from normal and anticipated normal airport operations would not be likely to cause damage to the proposed structure(s) 12 . Whether or not the FAA determines there is a hazard to air navigation, FAA recommended mitigation must be a condition of granting the variance.

            (3)   If noise will affect the use sought by variance, a public interest criterion is the extent to which the applicant proposes to mitigate the effect of that noise.

   (F)   Appeals:

      1.   An appeal to a decision by the administrative officer must be submitted, in writing, to the appeals board within thirty (30) days of the written decision by the administrative officer. Appeals may be filed by the applicant, by any aggrieved person or taxpayer or by the governing body of a political subdivision and must state, with specificity, the basis of the appeal. An unsuccessful appellant may appeal further to a court of record.

      2.   This appeal process does not apply to a determination by the FAA that a requested obstruction would create a hazard to air navigation.

   (G)   Enforcement: The administrative officer is the agent designated by the county commission, city commission and airport board to enforce these regulations. Written notice of a violation must be given by the administrative officer to the violator, specifying how these regulations have been violated, how the violation can be remedied and setting a reasonable deadline for the correction of the violation, prior to the imposition of a penalty. The penalty provisions of these regulations must also be included in the notice.

   (H)   Penalty: If a person who violates the provisions of these regulations does not correct a violation, after notification pursuant to subsection (G) of this section that person is subject to a civil penalty and a criminal penalty. The civil penalty is a fine of one hundred dollars ($100.00) for each day that the violation is not remedied after the county commission or the city commission, as per jurisdiction, has determined there is a violation for which a fine should be assessed against the violator, has given its own written notice of the violation to the violator, has held a hearing on the violation and has provided a written determination to the violator that there is a violation.

In addition, the county attorney or the city attorney, as per jurisdiction, may file misdemeanor criminal charges for a violation of these regulations. Pursuant to section 45-2-104, Montana Code Annotated, a person is absolutely liable for a violation of these regulations. Upon conviction a fine of no more than five hundred dollars ($500.00) may be imposed.

   (I)   Injunction: The county commission or the city commission, as per jurisdiction, may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of title 67, chapter 7, Montana Code Annotated or of these regulations.

   (J)   Immunity:

      1.   Generally: After the designation of an AAA, a person may not recover damages from a local government, an airport authority, an airport operator, or an airport owner for any injury caused by noise, fumes, vibrations, light, or any other effects from normal and anticipated normal airport operations.

      2.   After Granting A Variance: A person owning or using a structure built pursuant to a variance may not collect damages from a governing body or local government or from an airport authority, airport operator, or airport owner for interference with the enjoyment of that structure caused by noise, fumes, vibrations, light, or any other effects from normal and anticipated normal airport operations 13 . (Ord. 1739, 2-6-2012)

   (A)   Introduction: Utilizing their police power both the Fergus County commission and the Lewistown city commission designated an airport affected area (AAA) for the Lewistown Municipal Airport in accordance with section 67-7-201, Montana Code Annotated. The AAA includes the land surrounding the runways and the space or surfaces above that land.

      1.   Intent: This airport affected area is intended to overlay any other zoning districts and regulations comprising or pertaining to areas to which it is applicable, so as to prevent undue negative interaction between aviation activities associated with the Lewistown Municipal Airport and the surrounding community. The area identifies the property in the vicinity of the existence of the airport, associated noise, and activities. This area is intended to preserve the utility of the airport and the public investment therein.

      2.   Airport Affected Area (AAA): In order to effectuate the intent of provisions of these regulations, there is hereby created and established the airport affected area. This area is defined as shown on the airport affected area drawings.

      3.   Height Restrictions: Height restrictions for areas and land use restrictions in specified areas found in these regulations are meant to be reasonable and are designed to promote the health, safety and general welfare of airport users and persons and property in the vicinity of the airport, taking into consideration the character of the flying operations conducted or expected to be conducted at the airport, the nature of the terrain, future development of the airport, and FAA recommendations for aeronautical surfaces necessary for safe flying operations 1 . In addition, these regulations protect the airport and its operations from uses that may infringe on airport operations and result in liability to the airport.

   (B)   Surfaces Of The AAA:

      1.   Explanation Of Surfaces: Surfaces are established by these regulations to reasonably regulate the height of structures and trees around the airport. The term "surfaces" as used in these regulations and as shown on the AAA drawings refers to those surfaces on the ground and above the ground in which the height of structures and trees is regulated to protect the public health, safety and general welfare. The surfaces for the Lewistown Municipal Airport are described below and approximately shown on drawings 2, 3, and 4.

         (a)   Horizontal Surface: A horizontal surface is hereby established as the area within a perimeter established by swinging arcs from points two hundred feet (200') beyond the planned ends of the runways on the extended runway centerline, then connecting the adjacent arcs by lines tangent to those arcs. When an arc is encompassed by tangents connecting two (2) adjacent arcs, the arc encompassed must be disregarded in delineating the perimeter of the horizontal surface. The radius of each arc is:

            (1)   For utility nonprecision instrument runways, five thousand feet (5,000').

            (2)   For precision instrument and nonprecision instrument runways, ten thousand feet (10,000'). The horizontal zone does not include the primary, approach, and transition zones.

         (b)   Conical Surface: A conical surface is hereby established as the area that commences at the periphery of the horizontal surface and extends outward a distance of four thousand feet (4,000'). The conical surface does not include the approach and transition surfaces.

         (c)   Precision Instrument Approach Surface: A precision instrument approach surface is established at each end of the precision runway. Each precision instrument approach surface shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond each end of the runway, with its centerline being the continuation of the centerline of the runway. The airport's runway 8 will be protected for a precision approach for a threshold located one thousand four hundred feet (1,400') to the west of the threshold in existence as of the effective date of these regulations. Runway 26 will be protected for a precision approach for the existing threshold location.

         (d)   Nonprecision Instrument Approach Surface: A nonprecision instrument (NPI) approach surface is established at each end of nonprecision instrument (NPI) runways. Runway 3-21 is a nonprecision instrument runway. Each NPI approach zone shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of three thousand five hundred feet (3,500') at a distance of ten thousand two hundred feet (10,200') beyond each end of the runway with its centerline being the continuation of the centerline of the runway.

         (e)   Utility Nonprecision Instrument Approach Surface: A utility nonprecision instrument (NPI) approach surface is established at each end of utility nonprecision instrument runways. Runway 13-31 is a utility nonprecision instrument runway. Each utility NPI approach zone shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of two thousand feet (2,000') at a distance of five thousand two hundred feet (5,200') beyond each end of the runway with its centerline being the continuation of the centerline of the runway.

         (f)   Transition Surfaces: Transition surfaces are hereby established adjacent to each approach surface and symmetrically located on each side of primary surfaces having variable widths as shown on drawing 2 of the AAA adjacent to precision approach surfaces and exterior of the conical surface, extend a distance of five thousand feet (5,000') measured at right angles to the runway centerline, beginning from the edge of the approach surface.

   (C)   Areas Of The AAA: Areas are designated in the AAA to address the concern the FAA and the airport have about compatible uses of land around the airport. Where protection of planned runway extensions and/or improved approaches is anticipated within a thirty (30) year planning period, affected areas within the airport property boundaries are designated "airport runway protection area", while remaining areas outside the airport property are designated "runway influence area". The various areas are defined and described as follows:

      1.   Explanation Of Areas Within The AAA: These regulations describe both surfaces and areas, which overlap. If there is a conflict between allowable heights and allowable uses, the more stringent interpretation applies.

         (a)   Airport Property Area: This area, as shown on drawing 5, encompasses that land owned jointly by Fergus County and the city of Lewistown, operated by the Lewistown Municipal Airport board and designated for airport use. The airport is required to comply with FAA regulations and grant assurances within its own boundaries to remain eligible for federal funding assistance, including maximizing the use of nonaeronautical areas in order to provide revenue to the airport 2 .

         (b)   Primary Areas: Primary areas are hereby established as the area extending equidistantly on either side of each runway centerline with total width:

            (1)   For utility nonprecision instrument runways, five hundred feet (500').

            (2)   For precision and nonprecision instrument runways, one thousand feet (1,000').

            (3)   For the length of such runway plus two hundred feet (200') on each end.

         (c)   Runway Protection Areas And Runway Influence Area: Airport runway protection and influence areas are hereby established as trapezoidal areas centered about the extended runway centerline. Part of the areas lie within the airport property and part lie outside the airport property. Where both an existing and future threshold is planned for a runway, the runway protection area will consist of the area enclosed by the trapezoid for the future planned threshold.

            (1)   Runway 8-26 Protection Area: Both ends of runway 8-26 protection area shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond the runway threshold, widening thereafter uniformly to a width of one thousand five hundred ten feet (1,510') at a distance of one thousand nine hundred feet (1,900') beyond the runway threshold, with its centerline being the continuation of the centerline of the runway.

            (2)   Runway 13-31 And Runway 3-21 Protection Area: A nonprecision instrument runway protection area is established at each end of these nonprecision runways. Each runway protection area shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond the runway threshold, widening thereafter uniformly to a width of seven hundred feet (700') at a distance of one thousand two hundred feet (1,200') beyond the runway threshold, with its centerline being the continuation of the centerline of the runway.

            (3)   Defined Areas:

   A. Runway Protection Area: Property of the trapezoid defined in subsection (C)1(c) of this section that lies within the airport property boundary.

   B. Runway Influence Area: Property of the trapezoid defined in subsection (C)1(c) of this section that lies outside the airport property boundary.

         (d)   Airport Critical Area: The area enclosed by the lines shown on drawing 6 (established as a contour line 50 feet above the airport elevation). This is an area critical to safe aircraft approaches and departures and will be protected as such.

         (e)   Remainder AAA Area: The remainder of the AAA area is that which lies outside the airport property area, runway protection area, runway influence area and airport critical area but which lies within the outer limits of the airport affected area.

   (D)   Height Restrictions For Surfaces And Areas: Restricting the height of structures so as to protect the airport protects the health, safety and welfare of the users of the airport as well as persons and property in the vicinity of the airport 3 . These areas and the regulations are intended to preserve the utility of the airport and the public investment therein. When a surface or area overlap and one or the other is covered by more restrictive height limitation, the more restrictive shall prevail. In order to comply with federal requirements and those found in section 67-7-203(1), Montana Code Annotated, the Lewistown Municipal Airport hereby adopts the following height restrictions for the following areas:

      1.   Areas:

         (a)   Primary area:

            (1)   Objects greater than three inches (3") above grade shall be allowed only when constructed on low impact resistant supports with the frangible point no higher than three inches (3") above grade.

            (2)   Objects that need to be located in this area because of their function shall be constructed at the lowest practical height.

         (b)   Airport property area:

            (1)   No objects greater than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') MSL. In addition, no structures will be allowed within the building restriction line (BRL) shown on the airport layout plan.

         (c)   Airport critical area:

            (1)   No objects shall be permitted to penetrate the approach surfaces, be higher than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') MSL.

         (d)   Runway influence area:

            (1)   No objects shall be permitted to penetrate the approach surfaces, be higher than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') MSL.

         (e)   Runway protection area:

            (1)   No objects shall be permitted to penetrate the approach surfaces, be higher than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') MSL.

         (f)   Remainder AAA area:

            (1)   Any structure or object proposed to be constructed that is greater than one hundred feet (100') AGL shall require a permit application for review by the governing jurisdictional body.

      2.   Surfaces: No structure or object shall be permitted to penetrate the following defined surfaces:

         (a)   Horizontal surface: One hundred fifty feet (150') above the airport elevation. The airport elevation is four thousand one hundred sixty seven feet (4,167') (MSL), therefore the height restriction limit is four thousand three hundred seventeen feet (4,317') (MSL).

         (b)   Conical surface: One hundred fifty feet (150') above the airport elevation plus one foot (1') in height for each twenty feet (20') of horizontal distance measured from and normal to the periphery of the horizontal zone.

         (c)   Precision instrument approach surfaces: For each runway end, the elevation of the threshold centerline plus one foot (1') in height for each fifty feet (50') measured perpendicularly from the end of the primary zone, extending ten thousand feet (10,000'); thence one foot (1') in height for each forty feet (40') for an additional forty thousand feet (40,000').

         (d)   Nonprecision instrument approach surface: For each runway end, the elevation of the threshold centerline plus one foot (1') in height for each thirty four feet (34') measured perpendicularly from the end of the primary zone, extending ten thousand feet (10,000').

         (e)   Utility nonprecision instrument approach surface: For each runway end, the elevation of the threshold centerline plus one foot (1') in height for each twenty feet (20') measured perpendicularly from the end of the primary zone, extending five thousand feet (5,000').

         (f)   Transition surfaces: Begin at an elevation equal to the elevation of the nearest point on the runway centerline, and extend outward and upward at right angles to the runway centerline or extended runway centerline, increasing one foot (1') in height for each seven feet (7') from the sides of the primary zone and from the sides of all approach zones.

   (E)   Land Use In Areas 4 : The term "area(s)" as used in these regulations and as shown on sheets which are part of the AAA maps or drawings are set forth in subsections (B) and (C) of this section. Regulation of land uses in these areas around the airport serves to protect the health and safety of those on the ground and in the air. Well established accident data indicate land uses that concentrate people close to aircraft approach and departure paths should be avoided. Land use regulations protect persons and property in the vicinity of the airport from airport related effects such as high probability accident areas, noise, fumes, vibrations, light or any other effects from normal and anticipated normal airport operations 5 .

Permitted uses are those uses which are allowed, and obtaining a permit for these uses pursuant to these regulations serves as notification to the administrative officer of those uses.

Conditional uses are those uses which may be allowed provided a permit is obtained pursuant to the procedures set forth in these regulations. Conditional uses will be reviewed to a greater extent than permitted uses and may be limited in duration in the runway influence area. Conditional uses outside the runway influence area but within the airport critical area will be allowed as long as they do not adversely affect aviation and/or public safety as determined by the airport board following the guidelines and intent of these regulations. These conditional uses will not supersede any jurisdictional zoning in place at the adoption of these regulations.

All other uses are prohibited, including sources of electromagnetic effects that may interfere with electronic navigational aids, and lights other than navigational aids that glare upward or shine on or in the direction of the airport and bird attractants such as solid waste disposal sites, lagoons and certain types of agriculture 6 . Under extraordinary circumstances some uses which are not permitted or listed as conditional uses may be allowed, provided a variance is obtained pursuant to these regulations.

When the following areas overlap, the more restrictive uses apply:

      1.   Use Restrictions:

         (a)   Airport Runway Protection Areas And Primary Area:

            (1)   Permitted uses:

Agriculture (other than forestry or livestock).

Livestock, outside the airport's wildlife fence.

         (b)   Airport Property Area:

            (1)   Permitted Uses:

Agriculture (other than forestry or livestock), golf courses, tourism information centers and museums.

Aircraft maintenance, manufacturing, and testing facilities.

Aircraft operational facilities including, but not limited to, instrument landing systems, visual navigational aids, and related equipment; communication facilities; weather service offices and equipment.

Aircraft runways, taxiways, ramps, parking areas and fuel storage facilities that are related to aviation activities only.

Flight schools, flying clubs and other schools or training facilities relating to aviation or air related transportation.

Hangars and buildings which may be used for the storage or maintenance of aircraft; airport snow removal, sweeping and other maintenance equipment, and other aviation related or ancillary activities.

Offices and facilities for airport management, air charter, air taxi, crop spraying, aircraft sales or rentals, and air cargo processing facilities.

Offices and facilities for the operation and maintenance of air rescue, emergency and firefighting services.

Offices and facilities of federal, state and local government entities.

Terminal buildings which may house offices of airline companies, and other businesses and concessionaires.

            (2)   Conditional Uses: The following uses are conditional uses in this area and to the extent the area lies within the city, are subject to the restrictions of this subsection (E)1, "Use Restrictions", and the permit requirements of section 11-6-1 of this title, conditional use permit:

Automobile racing facilities.

Boarding of livestock or other animals by governmental agencies.

Businesses not located in the terminal building, and those uses which are sanctioned by the Lewistown Municipal Airport board, but have not been heretofore mentioned.

Driver education test track.

Firearm and sport shooting ranges.

Industrial development or use.

Light commercial development or use.

Live animal export facilities.

Municipal water storage tanks or towers.

Outdoor baseball/softball facilities, recreational trails and other public or private recreational uses, outside the airport's wildlife fence.

Residential airpark.

Trees and shrubs less than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') mean sea level.

Under unique, extenuating circumstances, a temporary use, for up to one year, that complies with current building and fire codes.

            (3)   Prohibited Uses:

Trees, shrubs or structures greater than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') mean sea level (MSL).

         (c)   Runway Influence Areas And Airport Critical Area:

            (1)   Permitted uses:

Agriculture (other than forestry or livestock).

Livestock outside the airport's wildlife fence.

Low density residential development with a maximum of one residence on a parcel of at least 2.5 acres in size in the runway influence area. Residential development in the airport critical area will be governed by the jurisdictional subdivision regulations.

Retail and light commercial business that would not adversely affect aviation and/or public safety as determined by the airport board following the guidelines and intent of these regulations.

Roadways, automobile parking areas, and railroads that satisfy height restrictions.

Structures in existence at the date of adoption of these regulations.

            (2)   Conditional uses:

Gravel pits and/or associated activities.

Motels/hotels outside the runway influence area.

            (3)   Prohibited uses:

Educational centers (including all types of primary and secondary schools, preschools, childcare facilities).

Fuel handling and storage facilities for the purpose of distribution (except those on airport property associated with an aviation business).

Hospitals, medical inpatient treatment facilities, nursing/convalescent home facilities.

Places of public assembly not previously listed will be prohibited in the runway influence area and addressed as a conditional use in the critical area.

Places of worship will be prohibited in the runway influence area and addressed as a conditional use in the airport critical area.

Trees, shrubs or structures greater than fifty feet (50') above the ground and/or four thousand two hundred seventeen feet (4,217') mean sea level (MSL).

         (d)    Remaining AAA Area Uses:

Land use within the AAA (other than that within the airport property areas, runway influence areas and airport critical area): Pursuant to these regulations, property owners will not be regulated beyond height of structures, airspace for instrument approaches or electromechanical effects to navigational aids.

      2.   Additional Restrictions: Notwithstanding any other provision of these regulations, no use may be made of land within any area established by these regulations that creates an electromagnetic effect, makes it difficult for operators of aircraft to distinguish between airport lights and others, results in glare in the eyes of operators of aircraft using the airport, impairs visibility in the vicinity of the airport, attracts flocks of birds or otherwise endangers the landing, taking off, maneuvering, or operating of aircraft. (Ord. 1739, 2-6-2012)

   (A)   Grandfather Clause: It is not the purpose or intent of these regulations to require removal or alteration of any existing structure or tree or to require the cessation or alteration of a use that is lawfully in existence when these regulations become effective. However, it is assumed nonconforming uses will not continue forever 2 . The following provisions are designed to reasonably address nonconforming uses or structures or trees.

      1.   Documentation Of Uses And Structures Or Trees Within The Airport Boundary And Critical Area: The administrative officer shall document, to the best of the officer's ability and within a reasonable time after adoption of these regulations, those existing uses of land and the existence of structures or trees found in the AAA within the airport boundary and critical area with an estimate of the height of structures or trees 3 .

         (a)   Nonconforming Uses Of Land: Any lawful use of land in existence when these regulations become effective may continue, but reconstruction of a structure which contains a nonconforming use after destruction or substantial damage which affects that use may be prohibited. Any addition to or remodel of a structure containing a nonconforming use requires a variance under these regulations.

         (b)   Nonconforming Structures Or Trees: Existing structures or trees may continue to exist but their expansion or additional growth is prohibited unless a variance is obtained under the provisions of these regulations.

      2.   Substantial Damage To A Nonconforming Use: "Substantial damage" occurs when eighty percent (80%) or more of a structure or tree is deteriorated or decayed or when that structure or tree has been torn down or destroyed 4 . The administrative officer has the authority to determine substantial damage. A substantially damaged structure or tree, which is nonconforming, may not be reconstructed or replaced without first obtaining variance under the provisions of these regulations and then obtaining a permit.

      3.   Maintaining Nonconforming Trees: After identification of trees in place at the time these regulations become effective, the county or city, as the case may be, may trim those trees, at its expense, to maintain their heights at the time of identification 5 .

      4.   Marking Nonconforming Trees Or Structures: If the county or city, as per jurisdiction, elects to install, operate and maintain, at its own expense, lights and markers necessary to warn pilots of a nonconforming use, the owners of those structures or trees shall allow this activity 6 .

      5.   Residential Land Uses: If land in an area in which residential use is not permitted by these regulations has been developed for that use or platted for that use, the residential use may continue, but existing owners must be notified by the administrative officer that the lots are within an adopted AAA within a reasonable time after its designation 7 . It is the responsibility of those owners to notify subsequent purchasers of the property that the property is in an AAA and may be affected by these regulations. (Ord. 1739, 2-6-2012)

These regulations may be amended by following the same procedure for adoption as set forth in subsection 11-16-1(D) of this chapter and section 67-7-201(5), Montana Code Annotated. If appropriate, other boards or commissions may be involved 1 . (Ord. 1739, 2-6-2012)

   (A)   Acquisition Of Property Rights: Either Fergus County or the city of Lewistown may protect the Lewistown Municipal Airport by utilizing statutory rights set forth in section 67-7-210, Montana Code Annotated.

   (B)   Relationship Of AAA Regulations To Zoning Ordinances: If a governing body has adopted a zoning ordinance or resolution and there is a conflict between these regulations and the zoning ordinance or resolution, the more stringent limitation or requirement prevails 1 . (Ord. 1739, 2-6-2012)