The intent of this district is to regulate and restrict the height of structures and objects of natural growth, and to otherwise regulate the use of property in the vicinity of the Herbert Smart Airport; to prevent development of high density residential dwellings or the concentration of large numbers of persons in those areas subject to low-flying aircraft in the process of normal operation, to protect flying aircraft by limiting the height of structures and trees, and to establish noise control ones and noise regulations in the vicinity of the airport.

(Added March 14, 1994, ZA94-03-02)

These definitions shall be used in addition to those in Chapter 1 of this Resolution. As used in this chapter, unless the context otherwise requires, certain terms and words are defined as follows:

[1]

Height. For the purpose of determining the height limit in all zones shown on the airspace zoning maps, the datum shall be mean sea level (MSL) unless otherwise specified.

[2]

Primary surface. A surface longitudinally centered on a runway, the extended lengths and widths being shown on the airspace zoning maps. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

[3]

Zones; approach, transitional, horizontal and conical. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in the Federal Aviation Regulations (FAR), Part 77, and shown on the Airspace Zoning Maps for Herbert Smart Airport, dated December, 1975. The FAR, Part 77, surfaces are also referred to as "imaginary surfaces."

(Added March 14, 1994, ZA94-03-02)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Herbert Smart Airport. Such zones are shown on the airspace zoning map for the Herbert Smart Airport which is referenced in Section 2.03[2]. (See Section 2.03[2].)

These zones shall be superimposed over existing use districts, and except where provided elsewhere in this section the special requirements of the hazard use district within which a specific property is located shall apply. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation.

[1]

Establishment of zones governing height limitations. The various zones are hereby established to govern height limitations and are defined as follows:

(a)

Approach zones. The inner edge of these zones coincides with the width of the primary surfaces, and the horizontal dimensions are the same as those shown on the airspace zoning maps for the respective approach surfaces.

(b)

Transitional zones. Slope seven (7) feet outward for outward for each one (1) foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet above the airport elevation which is four hundred sixty-three (463) feet above mean sea level for Herbert Smart Airport. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each one (1) foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runaway centerline.

(c)

Horizontal zones. The horizontal zone is hereby established as the area beneath the horizontal surface which is one hundred fifty (150) feet above the highest point of the airport runway system.

(d)

Conical zones. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone for a horizontal distance of four thousand (4,000) feet at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.

[2]

Airport zone height limitation. Except as otherwise provided in this Resolution, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Resolution to a height in excess of the applicable height limit herein established for each zone. Such height limitations are hereby established for each zone in question as the elevation of the respective imaginary surfaces shown on the airspace zoning maps. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

[3]

Variances. Any variance to this section which is desired by any person, corporation or agency under the provisions of Section 27.13 must, in addition, be submitted to the Federal Aviation Administration for review and comment prior to the issuance of any variance to the airport hazard district regulations. (Amended July 11, 2022, ZA22-001)

(Added March 14, 1994, ZA94-03-02)

[1]

Establishment of zones. Those land areas listed on the "Noise Zone Map" for Herbert Smart Airport as being within Zones Two (2) and Three (3) are established as noise control zones where restrictions on land use are imposed by this Resolution. (See Section 2.03[3] for further description of maps.)

[2]

Purpose of zones. Incompatibility is the principal land use problem that airports and neighboring land areas share. A major cause of this incompatibility is the objection to the high noise levels associated with aircraft operation, especially jets. The noise level, if excessive, will over spill the boundaries of the airfield and interfere with sleep, speech, and mental concentration. This subsequently creates incompatible conditions for schools, hospitals, and some businesses or industries and other uses. Accordingly, noise control zones are established to limit the impact of the noise problem.

[3)

Land use. Except as specifically provided in Section 20.04[4] below, the following uses shall only be allowed as permitted or conditional uses in the following noise control zones:

(a)

Residential uses—Noise Control Zone 1.

(b)

Manufacturing—Noise Control Zones 2 and 3.

(c)

Transportation, communication, and utilities—Noise Control Zones 2 and 3.

(d)

Wholesale and retail trade—Noise Control Zone 2.

(e)

Finance, insurance, and real estate services—Noise Control Zone 1.

(f)

Personal and business services—Noise Control Zone 1.

(g)

Contract construction services—Noise Control Zone 2.

(h)

Governmental and educational facilities—Noise Control Zone 1.

(i)

Indoor cultural and entertainment facilities—Noise Control Zone 1.

(j)

Parks and other outdoor recreational facilities—Noise Control Zone 1.

(k)

Resource production and extraction (including agriculture)—Noise Control Zones 2 and 3.

[4]

Variances. Any variance to this section which is desired by any person, corporation, or agency under the provisions of Section 27.13 must, in addition:

(a)

Provide proper soundproofing measures as approved by the bureau of inspection and fees, or

(b)

If the person, corporation, or agency does not desire to install proper soundproofing measures, constructive notice shall be given in the deed for the subject property stating that a variance was sought under these regulations and proper soundproofing measures were not installed. (Amended July 11, 2022, ZA22-001)

(Added March 14, 1994, ZA94-03-02)

The following uses are prohibited within five thousand (5,000) feet of all approach surfaces as described on the airspace zoning maps which are on file in the office of the Commission:

[1]

Churches, schools, lodges, clubs, theaters, and other places of public assembly;

[2]

Multifamily dwellings in excess of four (4) units and/or which are in a group development;

[3]

Hospitals and institutions;

[4]

Noxious uses that emit electrical disturbances, smoke, large concentrations of light, and the like; and

[5]

Any use which may attract a concentration of birds which might result in safety hazards for the air traffic.

(Added March 14, 1994, ZA94-03-02)

Any variance granted under Section 20.03[3] above may, if such action is deemed advisable to effectuate the purpose of this Resolution and 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 markings and lights as may be necessary to indicate to pilots the presence of an obstruction to air navigation.

(Added March 14, 1994, ZA94-03-02)