(a)

It is hereby found that an airport hazard endangers the lives and property of users of Lincoln Municipal Airport, and property or occupants of land in its vicinity, and also that the obstruction types, in effect, reduce the size of area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. Accordingly, it is declared that:

(1)

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

(2)

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

(3)

The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of police power.

(b)

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 cities may raise and expend public funds and acquire land or interests in land.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.000, 1979)

Where there exists a conflict between any of the regulations or limitations prescribed in this division and any other regulations applicable to the same area in this title or any ordinance, regulation or statute, whether the conflict is with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.010, 1979)

The planning commission of the city is appointed as the airport zoning commission.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.020, 1979)

As used in this division, the following terms shall have the following meanings unless the context otherwise requires:

(1)

"Airport" means the Lincoln Municipal Airport.

(2)

"Airport elevation" means the highest point of the airport's usable landing area measured in feet from mean sea level.

(3)

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

(4)

"Airport zoning commission" means a board consisting of the city planning commission.

(5)

"Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Chapter 18.72. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

(6)

"Approach," "transitional," "horizontal" and "conical" zones: These zones are set forth in Chapter 18.72.

(7)

"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

(8)

"Height" means, for the purpose of determining the height limits in all zones set forth in this division and shown on the zoning map, mean sea level elevation, unless otherwise specified.

(9)

"Horizontal surface" means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

(10)

"Lincoln airport authority" means the governing board of the airport.

(11)

"Nonconforming use" means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this division or an amendment thereto.

(12)

"Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

(13)

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative or any of them.

(14)

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and so indicated on an FAA-approved airport layout plan, a military service's approved military airport layout plan, or any other FAA planning document or military service's military airport planning document.

(15)

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the "primary surface" extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface or planned hard surface, the "primary surface" ends at each end of that runway. The width of the "primary surface" of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway centerline.

(16)

"Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

(17)

"Structure" means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formations and overhead transmission lines.

(18)

"Transitional surfaces": These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally, from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.030, 1979)

Notwithstanding any other provisions of this title, no use may be made of land or water within any zone established by this division in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise, in any way, create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Ord. 386B §1(part), 1981: Ord. 357B §9.03.000, 1979)

(a)

Regulations not Retroactive. The regulations prescribed by this division shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of the ordinance provisions codified in this division, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein 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 division, and is diligently prosecuted.

(b)

Marking and Lighting. Notwithstanding the preceding provisions of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as are deemed necessary by the airport manager 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 approved, installed, operated and maintained at the expense of the Lincoln airport authority.

(Ord. 386B §1(part), 1981: Ord. 357B §9.03.010, 1979)

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 unless a permit therefor has been applied for and granted.

(1)

However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

(2)

Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

(3)

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this division or as set forth in Section 18.72.210.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.000, 1979)

No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of the provisions codified in this division or any amendments thereto or than it is when the application for a permit is made. No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.010, 1979)

Whenever the planning director determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit as established in this division or otherwise deviate from the zoning regulations.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.020, 1979)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use property not in accordance with the regulations prescribed in this chapter, may apply to the planning commission for a variance from such regulation. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation but do substantial justice and be in accordance with the spirit of the regulations of this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.030, 1979)

The provisions in Sections 18.76.060 through 18.76.110 shall apply equally to applications for permits and variances.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(part), 1979)

Applications for a permit or variance shall be made in writing by the property owner or his agent to the planning director on a form provided by the city. All applications shall include the following information:

(1)

A map drawn to scale indicating the location and dimensions of the property for which a permit or variance is requested;

(2)

A site plan drawn to scale indicating the height of all proposed and existing structures and trees as well as their relationship to the applicable airport zone;

(3)

The information required pursuant to Section 18.54.030;

(4)

Such other information as the planning commission may require.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(a), 1979)

Within 45 days after submission to the planning department of a complete application, staff shall review the proposal for the purpose of making its recommendations to the planning commission at its next scheduled meeting following the review period. In addition, a copy of either the variance request or permit shall be furnished to the airport manager for advice and comment as to the aeronautical effects of the proposal. Such written recommendations and comments that the airport manager makes shall be included in any staff report to the planning commission.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(b), 1979)

A public hearing shall be held by the planning commission after the filing of an application. A notice of the time and place of the hearing, including a general explanation of the area affected, is to be published in a newspaper of general circulation at least ten calendar days before the hearing. The planning commission shall also give notice as provided for in Section 18.54.040.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(c), 1979)

The planning commission may approve, disapprove or conditionally approve such applications. In granting conditional approval, the commission may require such provisions as it deems necessary to carry out the purpose of this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(d), 1979)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this division and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the airport authority, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(e), 1979)

For the purpose of defraying the expense involved in connection with an application, the city council shall establish by resolution a schedule of fees, charges and expenses and a collection procedure for applications under Section 18.76.060 et seq.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.040(f), 1979)

(a)

Any person aggrieved, or any taxpayer affected by, any decision of the planning commission may appeal to the city council.

(b)

All appeals under this section must be taken within ten days following the action of the planning commission. Such appeals shall be filed in writing with the city clerk, specifying the grounds thereof. The city clerk shall transmit to the city council all papers constituting the record upon which the action appealed from was taken.

(c)

The city council shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

The city council may, in conformity with the provisions of this division, reverse of affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.050, 1979)

Any person aggrieved, or any taxpayer affected, by any decision of the city council may appeal as provided in section 50485.11 of the Government Code.

(Ord. 386B §1(part), 1981: Ord. 357B §9.04.060, 1979)

Each violation of this division or of any regulation, order or ruling promulgated under this division constitutes a misdemeanor.

(Ord. 386B §1 (part), 1981: Ord. 357B §9.05.000, 1979)

The city may institute, in any court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this division or of any regulation, order or ruling promulgated or made under this division.

(Ord. 386B §1(part), 1981: Ord. 357B §9.05.010, 1981)

In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones of the airport. Such zones are shown on the Lincoln Municipal Airport Hazard Zoning Map, consisting of one sheet prepared by Reinard W. Brandley and dated June 8, 1979, which is attached to this chapter and made a part hereof. An area located in more than one of the zones described in this article is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as set out in this article.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(part), 1979)

The inner edge of the utility runway visual approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(a), 1979)

The inner edge of the utility runway nonprecision instrument approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(b), 1979)

The inner edge of the runway-larger-than-utility approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(c), 1979)

The inner edge of the runway-larger-than-utility with a visibility minimum greater than three-fourths of a mile nonprecision instrument approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(d), 1979)

The inner edge of the runway-larger-than-utility with a visibility minimum as low as three-fourths of a mile nonprecision instrument approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(e), 1979)

The inner edge of the precision instrument runway approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(f), 1979)

Transitional zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally, from the edge of the approach zone and at 90-degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(g), 1979)

The horizontal zone is established by swinging arcs of 10,000 feet radii 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 and transitional zones.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(h), 1979)

The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.000(i), 1979)

Except as otherwise provided in this division, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this division to a height in excess of the applicable height limit established in this article for such zone. Such applicable height limitations are established for each of the zones in question. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(part), 1979)

The utility runway visual approach zone slopes upward 20 feet horizontally for each foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(a), 1979)

The utility runway nonprecision instrument approach zone slopes upward 20 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(b), 1979)

The runway-larger-than-utility visual approach zone slopes upward 20 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(c), 1979)

The runway-larger-than-utility with a visibility greater than three-fourths of a mile nonprecision instrument approach zone slopes upward 34 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(d), 1979)

The runway-larger-than-utility with a visibility minimum as low as three-fourths of a mile nonprecision instrument approach zone slopes upward 34 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(e), 1979)

The precision instrument runway approach zone slopes upward 50 feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline, then slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(f), 1979)

The transitional zones slope upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extend to a height of 150 feet above the airport elevation, which is 117 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface, and extending to a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(g), 1979)

The horizontal zone extends 150 feet above the airport elevation or a height of 267 feet above mean sea level.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(h), 1979)

The conical zone slopes upward and outward 20 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(i), 1979)

Nothing in this division shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 30 feet above the surface of the land.

(Ord. 386B §1(part), 1981: Ord. 357B §9.02.010(j), 1979)