Morgan County Unincorporated
City Zoning Code

AIRPORT

§ 155.600 MORGAN COUNTY AIRPORT.

(A) Authority. This subchapter is estab1ished under the authority given to counties pertaining to public airports within their jurisdiction (UCA 17-5-232).

(B) Purpose. To establish, under the authority cited above, such regulations governing operation and use of the airport as are necessary in the interests of preserving public safety, the elimination or abatement of nuisances, the control of business operations on public property, assuring the prudent use of public funds, and otherwise achieving the orderly and efficient operation of the Morgan County Airport.

(C) Construction - intent of “adoption by reference”. Reference to any federal or state law or regulation herein shall include any subsequent amendment thereto.

(Ord. 24-27, 12-17-2024)

§ 155.601 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply.

ACCIDENT: A collision between aircraft, vehicles, persons, stationary objects or other things which results in property damage, personal injury, or death, or an entry into or emergence from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person, or which results in property damage.

AERONAUTICAL ACTIVITY: Any activity which involves, makes possible, or is required for the flight or ground operation of any aircraft, or which contributes to or is required for the safety of such operations.

AIRCRAFT: Any device that is used or intended to be used for flight.

AIRCRAFT OPERATION: An aircraft arrival or departure from the airport.

AIRCRAFT OWNER: A person, or other legal entity, to whom the aircraft is registered, or a person who exercises the full benefits of ownership under a lease agreement.

AIRPORT: All areas comprising the Morgan County Airport that now exist, along with all appurtenant facilities.

AIRPORT ADVISORY BOARD: The airport advisory board created by this title and County Commission ordinance no. CO-20-15.

AIRPORT MANAGEMENT: That individual or entity empowered with the authority and charged with the responsibility for the orderly operation of the airport.

AVIATION ACCIDENT: An accident of such nature as to fall under the purview of section 830, chapter viii, title 14 of the code of federal regulations (CFR).

CERTIFICATED AIRCRAFT: An aircraft that has been issued a certificate of airworthiness by the Federal Aviation Administration. Note: such certification is required of an experimental aircraft, but is not required for an ultra light.

COUNTY: Shall mean and have reference to Morgan County.

COUNTY COMMISSION: Shall mean that body of persons as have been duly elected to serve on the Morgan County Commission.

COMMERCIAL ACTIVITY: Any activity involving “holding out to the public” and that is conducted for personal or collective gain.

COMMERCIAL AERONAUTICAL ACTIVITY: Any “aeronautical activity” that is conducted as a “commercial activity,” both as defined herein. Examples would include: fixed base operator (FBO), air taxi and charter operation, pilot training, aircraft rental, aerial photography and surveying, aerial application of chemicals, aerial advertising, aircraft sales and service, aircraft parking and storage, sale of aviation petroleum products, maintenance and repairs of aircraft, and sale of aircraft parts. This term would include anyone performing as a “specialized service operator” or “specialized aircraft services operator” as defined herein.

FAA: The Federal Aviation Administration.

FAR: Federal Aviation Regulations.

FIRE CHIEF: The individual that discharges the duties of chief for Morgan County; in this case, the county fire chief.

FIXED BASE OPERATOR (FBO): Shall mean any person or entity who performs the basic essential aviation related services such as: aviation fuel and oil sales, ramp parking and tie-down, hangar storage, aircraft repair and parts sales, flight training, etc.

FLYING CLUB: An association, club or group, organized as a nonprofit corporation under the laws of the state of Utah, or, an organized nonprofit unincorporated association, club or group, jointly owning or leasing aircraft, where payment is made to the group for the operating time of such aircraft.

FUELING OPERATIONS: Shall mean the fueling of aircraft, equipment or vehicles.

FUEL SERVICING EQUIPMENT: Shall mean vehicles and equipment used for fueling or defueling aircraft or vehicles.

FLAMMABLE LIQUID: Any liquid that has a flash point at or Below 100 degrees Fahrenheit.

GENERAL AVIATION: All phases of aviation other than aircraft manufacturing, military aviation, and regulated air carrier operations.

HAZARDOUS AND TOXIC MATERIALS: Substances that require special handling under federal, state, or local environmental safety and health regulations. Includes petroleum products, pesticides, paints, explosives, flammables, and similar substances.

MASTER PLAN: That plan, as currently approved by the County Commission that indicates and defines the fashion in which further development of the airport is projected to occur.

NON-COMMERCIAL AERONAUTICAL ACTIVITY: Essentially, any “aeronautical activity” as defined herein, which is conducted as a private venture and not for profit (e.g., the personal and individual operation of a personally owned, leased, or rental aircraft, keeping of a personally owned aircraft hangar, maintenance of a personally owned aircraft, operation as a flying club as herein defined, etc.).

PARK: To leave an aircraft or vehicle unattended.

PERSON: Shall mean and include a natural person, partnership, firm, association, corporation, or any other form of business entity.

PROFESSIONAL SKILLS: Any skill obtained after special study, or the use of which requires a license under FAA regulations or other federal, state or local law.

RAMP: Those paved areas of the airport normally used for aircraft parking.

REGISTERED AIRCRAFT: An aircraft that is required to be, and is, registered with the FAA. Does not include ultra lights.

REGISTERED, OPERABLE AIRCRAFT: An aircraft that is both registered with the FAA, and is in an airworthy condition such that it may be legally flown.

RUN-UP: Ground operation of the engine to test function while the aircraft is stationary.

RUNWAY: That paved area designated for aircraft takeoff and landing.

SPECIALIZED AIRCRAFT SERVICES OPERATOR: A person providing repair and/or sale of aircraft radios, propellers, instruments, or accessories, or performs painting or upholstery, or other similar types of work and services.

SPECIALIZED SERVICE OPERATOR: A person who provides only limited, specialized aircraft services such as: flight training, airtaxi operations, aircraft sales, aircraft and/or engine repair, aircraft rental, or any other aeronautical related service.

TAXIWAY: An area of the airport designated for aircraft movement between the ramp and runway areas.

TENANT AIRCRAFT: Any certificated aircraft or ultra light vehicle that is permanently based at the Morgan County Airport. This will include any aircraft hangared or tied down at the airport for longer than 30 days, or that operates from the airport more than 50% of the time.

THRESHOLD: The beginning of that portion of the runway useable for landing.

TIE-DOWN AREA: Those areas on the airport equipped with ropes or chains with which to secure unattended aircraft.

TRAFFIC PATTERN: Those flight altitudes and directions of traffic flow prescribed and published for aircraft arriving at or departing from the airport.

TRANSIENT AIRCRAFT: Any aircraft other than a tenant aircraft, that is: an aircraft only temporarily located at the airport for maintenance, visiting, landing practice, refueling, or similar purposes.

ULTRA LIGHT VEHICLES (ULTRALIGHTS): Those aircraft that qualify, under FAR part. 103, as “ultra light vehicles,” and as such, are not required to be registered with the FAA, do not require a certificate of airworthiness nor need to be maintained in accordance with FAA standards, and do not require an FAA issued pilot’s license to operate.

UNIFORM FIRE CODE (UFC): That nationally recognized code, developed and published by the international fire code institute, that has been adopted by the state of Utah (see USC 53-7-106) as the state fire code, to which cities, counties, fire protection districts, and the state will adhere in safeguarding life and property from the hazards of fire and explosion.

UNIFORM BUILDING CODE (UBC): Now known as the International Building Code (IBC) as defined in § 151.05 building and safety codes).

VEHICLE: A device other than an aircraft, in, upon, or by which any person or property is or may be propelled, moved, transported, hauled, or drawn upon any ground surface at the airport.

(Ord. 24-27, passed 12-17-2024)

§ 155.602 COMPLIANCE AND POWER TO ENFORCE.

(A) Prohibitive nature of this subchapter. It shall be unlawful for any person to do any act prohibited by this subchapter, or to fail or refuse to do any act required by this subchapter.

(B) Penalty provision. A violation of paragraph (A) above shall be deemed a class B misdemeanor.

(C) Right to enforce. The county shall maintain the right to charge and prosecute under the terms of this subchapter, or to take such other remedial actions as are described under paragraph (D) below, even in those cases wherein the Federal Aviation Administration may be taking separate action against a violator.

(D) Removal of violators. In addition to, or in lieu of, the criminal action sanctions outlined above, the county and its duly authorized agents shall be empowered to impose the following control measures:

(1) Airport management may summarily remove or eject from the airport, or through the aid of the county sheriff’s department, cause to be removed from the airport, any person who, in violating a provision of this subchapter, is clearly creating a situation that seriously endangers themselves, others, or property. Such action will be followed by hearing of the matter before the County Commission.

(2) Any person who demonstrates a pattern of frequent non-compliance with the provisions of this ordinance, even when such non-compliance may not create the risk of personal injury or property damage, and who does not then respond appropriately to counseling by airport management, shall be the subject of a hearing before the County Commission.

(3) A hearing before the County Commission to address a situation described in paragraphs (D)(1) or (2) above shall be for the purposes of determining whether that person should be denied future use of the Morgan County Airport, and if so, for what duration of time. Any person who is the subject of such hearing shall have the right and opportunity to introduce and explain any mitigating circumstances, along with the right to have testimony by any eye-witnesses heard. Should the subject of a hearing choose not to appear during the hearing, the County Commission may act as fully as though the subject were present.

(E) Grievance procedure. Any person who has cause to question the va1idity of a decision of airport management or who may be aggrieved because of the accusation of non-compliance with a provision of this ordinance or who considers that compliance with a particular provision(s) of this ordinance would create a severe hardship, may formally request a hearing on the matter before the County Commission. Subsequent action will then proceed as follows:

(1) The County Commission shall hear any grievance within 30 days of receiving written notice of complaint and shall provide written notification to the complainant of the time/date of the hearing.

(2) The complainant shall be allowed to present all relevant evidence, records and testimony at this hearing.

(3) The County Commission shall issue written findings of fact and a decision within fifteen working days of any hearing.

(4) Any aggrieved who is not content with a decision of the County Commission may make appropriate appeal through the court system.

(Ord. 24-27, passed 12-17-2024)

§ 155.603 CONSTRUCTION ON AIRPORT.

(A) Site development standards. All construction upon the Morgan County Airport will be in accordance with the Morgan County Land Use Management Code.

(Ord. 24-27, passed 12-17-2024)

§ 155.610 AIRPORT MANAGEMENT.

(A) Methodology. The County Commission of Morgan County may provide for management of the county airport in any manner of its choosing. Options available to the county include (but are not limited) to the following: management by an individual who is either a full-time or part-time employee of the county; management by an individual (or entity) under contract to the county; management on a non-paid basis by an individual (or entity) that has volunteered to discharge management responsibilities on such a basis; or by leasing the airport to an individual (or entity) with assignment of management responsibilities to that individual or entity via the lease agreement. The County Commission may, at its option (and within the constraints of any then existing contract or lease agreement), elect to change airport management methodology at any time.

(B) Functions and activities of airport management. Whatever airport management methodology as has been selected by the county, the responsibilities of such management shall be established by the County Commission in a detailed job description that clearly defines the functions and duties of that individual or entity charged with airport management.

(C) Authorities of airport management. Airport management shall have full power and authority to implement and carry out those policies and procedures adopted by the County Commission (and encoded herein) for the orderly operation of the Morgan County Airport.

(Ord. 24-27, passed 12-17-2024)

§ 155.620 GENERAL AIRPORT RULES.

(A) Public use. The Morgan County Airport shall be open to the public for all such general aviation related activities and operations as can be (and are) conducted in full compliance with appropriate parts of the Federal Aviation Regulations, the provisions of this subchapter, and all other ordinances of Morgan County and laws of the state of Utah applicable to public places.

(B) Private or privileged access or egress. No person except those with County Commission approval shall be granted private or privileged access or egress to and from or across the airport.

(C) Exclusive land use. No person shall be permitted the exclusive use of any land within the confines of the Morgan County Airport, except upon the execution of an appropriate lease agreement with the county in accordance with the provisions of § 155.710 et seq.

(D) Compliance by user. The use of the Morgan County Airport or its facilities in any manner shall create the obligation and the implied consent of the user to comply with all the regulatory material contained or cited herein.

(E) Release from liability. Use of the Morgan County Airport and its facilities is conditioned upon the assumption of full responsibility and risk by the user thereof and such users shall hold harmless and indemnify Morgan County from and against all claims of third persons brought against the county arising out of or in connection with such indemnifying user’s use of the airport. No user of the airport will attempt to hold the county or its agents responsible for any damage to or theft of any aircraft, vehicle, tool or other piece of equipment parked or used on the Morgan County Airport. The exercise of the privilege of use shall constitute acknowledgment that Morgan County operates and maintains said airport in a governmental capacity.

(F) Trespass and tampering. No person may:

(1) Enter upon any airport property or go within any public building on airport property except for purposes that are lawful, right and just, nor shall any person enter or remain within any private building on the Morgan County Airport without the prior approval and permission of the owner of that building.

(2) Interfere or tamper with, or without prior and proper authorization from the owner, or that person having custody of and responsibility for an aircraft, vehicle, or piece of equipment, climb upon, enter, or operate any aircraft, vehicle, or piece of airport maintenance equipment. Nor shall any person commit any act that would endanger any aircraft operating at the airport.

(G) Preservation of facility. Unless otherwise provided, no person may:

(1) Destroy, damage or disturb in any way any structure, sign, marker, piece of equipment, fence, vegetation, or any other public or private property on the airport.

(2) Throw, drop, or otherwise release or permit to be released upon the airport premises any trash or other substances except in receptacles specifically provided for such purposes.

(3) Abandon property of any sort on the airport. Airport management will have authority to declare property abandoned, and to initiate disposal actions in accordance with UCA 67-4A-l0l et seq.

(4) Permit any animal to run unrestrained on the airport in general, and on any ramp, taxiway or runway in particular. Nor shall any person ride horseback or drive livestock on or through airport property.

(5) Post, distribute, or display signs, advertisements, circulars or other printed matter outside of any building on the airport without first obtaining permission from airport management.

(H) Damage to airport property. Any person noting or causing damage to the airport or airport related property of Morgan County shall report the circumstances and particulars to airport management as expeditiously as possible. Any person causing or liable for any damage to the airport or airport related property of the county shall be required to pay the county, upon demand, the full cost of repairs, or to reimburse the county for the full amount of such damage. If the county prevails in any legal action to collect such damages, the county may also collect reasonable attorney’s fees.

(I) Ground vehicular activity.

(1) Only bona-fide emergency vehicles, airport maintenance vehicles, and those vehicles belonging to aircraft owners and/or operators or hangar lessees may be operated on the ramp, apron, taxiway, or runway portion of the airport, with the operation of ground vehicles on any taxiway or runway being further restricted to those situations necessary to the response to an emergency situation or to routine airport maintenance, to the positioning for launch or retrieval of a glider, or the positioning, launching or recovery of an ultra light. In all cases, and most particularly when operating on the runway, the operator of such vehicle will exercise extreme caution and will absolutely give way to any aircraft that may be taking off, landing, or taxiing. Ground vehicles shall also always yield to pedestrians.

(2) No vehicle shall ever be parked unattended on the runway, nor shall any vehicle ever be parked unattended on any portion of any taxiway, ramp or apron such as to deny or restrict the free passage of any aircraft to/from any hangar, tie down or parking spot, or any other place on the airport to which an aircraft could logically need access.

(3) No motor home, travel trailer, boat trailer, horse trailer, utility trailer, automobile, or any other type of powered or non-powered vehicle (except those trailers specifically designed and constructed to store/transport gliders and ultra lights) shall be permanently stored on the airport except within any lessee’s private hanger. Glider trailers or ultra light trailers may only be stored outside in those specific areas that have been designated by airport management for such purposes.

(4) No bicycles, motorcycles, or atvs shall be operated on any portion of any runway, taxiway, ramp or apron, except where such operation is conducted by the owner/operator of any aircraft, or the lessee of any hanger, and then only when in direct connection with such ownership/operation or lease.

(5) No person may operate a motor vehicle at a speed greater than 15 mph on any apron or ramp, or at a speed greater than 25 mph on any access road, and in any event, shall not operate in excess of any speed that may be posted. Nor may any person operate any vehicle in a care1ess or reckless fashion.

(6) General vehicle parking on the airport will only be in those locations designated for such purposes by airport management. Lease holders may park in areas immediately adjacent to their leased facilities when, in the opinion of airport management such parking will not create any hazard, or conflict with mowing, snow removal, or any other required airport operation or activity. Airport management will have the authority to move or to have moved, any vehicle parked in an inappropriate location.

(J) Pedestrian activities.

(1) No person shall walk on any runway or taxiway except when necessary for aircraft owner/operators to gain access to an aircraft; to glider and ultralight pilots and ground crews when involved in the launch or retrieval of such craft; and to airport maintenance personnel and emergency services personnel in the normal performance of their duties.

(2) On all areas of the airport, pedestrians shall always give way to any aircraft.

(K) Model aircraft activity. No person shall operate a model aircraft or other unpiloted flying device on the Morgan County Airport.

(L) Interference with others. No person shall conduct any activity on the airport of a type or nature that would deny, or unreasonably delay to any other legitimate user of airport facilities, the free exercise of such use.

(M) Compliance with state registration requirements. All airport users must comply with applicable state registration requirements as outlined under UCA 72-10-101 et seq.

(N) Special or unusual activities. No person shall conduct any activity on the Morgan County Airport that interrupts or suspends normal airport operations or functions, without prior written approval of the County Commission. Any person proposing such activity shall initiate a request for approval through airport management not later than 60 days prior to the date such activity is proposed. Airport management will refer the matter, along with recommendations, to the airport advisory board, and that body, in turn, will consider and make recommendation to the County Commission as to appropriateness, and as to the necessity for activity-related liability insurance coverage of the type and in the amount as may then be specified by the County Commission.

(Ord. 24-27, passed 12-17-2024)

§ 155.640 AIRCRAFT OPERATING RULES.

(A) Federal Aviation Regulations. The Federal Aviation Regulations (FAR) are herewith adopted by reference and incorporated herein. It shall be unlawful for any person operating on or from the Morgan County Airport to fail to comply with any applicable Federal Aviation Regulation, or with any specific provision of this chapter. Nothing in this chapter will usurp a pilot’s emergency authority as outlined in FAR part 91.

(B) Authority to inspect. Airport management and the law enforcement body of Morgan County shall have the authority to require any airport user to produce for inspection such pilot credentials and aircraft documents as are required by the Federal Aviation Regulations for the specific operation(s) in which engaged.

(C) Securing unattended aircraft. No person shall 1eave an aircraft unattended unless it is within a hangar, or if outside, is properly secured by wheel chocks or tie downs, as appropriate. The aircraft owner shall be responsible for all damages caused by failure to properly secure an unattended aircraft.

(D) Operating weight restriction. No person shall operate an aircraft of over 12,500 lbs. gross weight at the Morgan County Airport, except for good cause and after having obtained prior approval for such from airport management.

(E) Running engines in hangars. No person will start or run an aircraft engine in any hangar.

(F) Night operations. Night operations, as defined in FAR part 1, shall not be conducted at the Morgan County Airport except in the case of in-flight emergencies, or where such operations are sponsored by a recognized emergency service agency, and are then overseen by the sheriff’s department.

(G) Reporting of accident. Any person involved in an accident that causes damage to property or injury to persons on the Morgan County Airport shall immediately report such accident to airport management.

(H) Removal of wreckage. Aircraft owners/operators or their agents shall be responsible for the prompt removal from runways and taxiways, any aircraft disabled by accident or other means. Should the owner/operator fail to comply with this requirement, airport management may cause the aircraft to be removed and the owner/operator to be billed for all costs incident to such removal.

(I) Parachuting (skydiving). Parachuting activity over or onto the Morgan County Airport shall be conducted in accordance with all relevant requirements of FAR part 105.

(J) Ultralight operations. Ultra light operations at the Morgan County Airport shall be conducted in accordance with all relevant requirements of FAR part 103, except for such deviations from that part as may have been authorized by an FAA issued grant of exemption. Then, only those persons holding such grant of exemption, or otherwise authorized to operate under the authorities of such grant, shall exercise such privileges. Ultra light operations shall also conform to the following:

(1) Ultra lights departing on runway 21 will turn crosswind prior to overflight of the residential areas south of the airport.

(2) Ultra lights shall climb to and maintain an altitude not greater than 5,600 msl until a minimum of 1/2 mile from the airport boundary in order to avoid the potential for inadvertent climb into the path of conventional aircraft in the standard traffic pattern.

(3) Ultra light operators will submit to any request by airport management that they demonstrate (or otherwise verify) their flying capabilities, as well as the mechanical integrity of their equipment.

(K) Traffic pattern. The Morgan County Airport traffic pattern and rules for operating within that pattern are herewith established as follows:

(1) The recommended traffic pattern for both runway 3 and runway 21 shall be left hand, and shall be flown by airplanes (other than ultra lights) at an altitude of 1,000 ft. Above the published elevation of the airport.

(2) The Morgan County Airport is uncontrolled. Therefore, pilots shall adhere to the “see and be seen” concept. The “common traffic advisory frequency” (CTAF) for radio equipped aircraft is 122.8 MHz.

(Ord. 24-27, passed 12-17-2024)

§ 155.660 FUEL SERVICING.

(A) General policy.

(1) Aircraft fuel servicing operations on the Morgan County Airport shall conform to the provisions of article 24 of the Uniform Fire Code (UFC), except for those specific circumstances wherein the fire chief may have modified a provision of article 24, pursuant to that authority given to the chief under paragraph 103.1.3, UFC.

(2) Aircraft fuel servicing operations on the Morgan County Airport may only be conducted by a person whose county-approved commercial aeronautical activities specifically include commercial fuel sales, or by a private aircraft owner fueling his or her own aircraft with his or her own personnel and equipment.

(3) No person may operate a commercial fuel servicing vehicle upon the Morgan County Airport without first having secured from the fire chief that permit specified under paragraph 105.8.A.2, UFC.

(B) Specific requirements.

(1) No fuel servicing will be conducted within any aircraft hangar or other building, within 50 feet of any open flame (including smoking), or when the engine of the aircraft to be serviced is running.

(2) Subject only to meeting the requirements of paragraph (B)(1) above, any paved ramp or tie down area on the airport is acceptable as an aircraft refueling area.

(3) Except for permitted storage within a building constructed for the sole and exclusive-use purpose of providing anti-tampering security protection, no aircraft refueling unit will be stored inside of, nor less than 50 feet from any other building, with any such outside storage location to be jointly determined by airport management and the fire chief.

(4) All passengers must disembark from any aircraft prior to the fuel servicing of that aircraft.

(5) Each fueler shall exercise care to prevent fuel spills. Should a spill occur, fuel servicing will be stopped immediately, and will not resume until the spill has been cleaned up, and the causative agent for the spill corrected. Additionally, any fueler causing a spill will immediately notify airport management of such. Each fueler shall clean up any spill that he has caused. Should any fueler fail in this duty, airport management may cause such cleanup, along with subsequent billing of the responsible party for the costs of cleanup.

(Ord. 24-27, passed 12-17-2024)

§ 155.670 FIRE PREVENTION & HAZARDOUS/TOXIC MATERIALS HANDLING.

(A) General policy. Fire prevention and protection policies and procedures on the Morgan County Airport shall conform to the provisions of article 24 of the Uniform Fire Code (UFC) and the Uniform Building Code (UBC).

(B) Hazardous and toxic materials.

(1) The storage, use, and handling of hazardous and toxic materials on and from the Morgan County Airport shall be as prescribed in the UFC; as well as in a manner consistent with other recognized and applicable standards as established by state and/or federal law.

(2) No person shall store, use, or dispose of hazardous or toxic materials in any manner that will allow them to contaminate either the air or ground at the airport.

(3) Used lubricating oil generated by any user on the airport may be deposited in the approved collection tank maintained on the airport for that purpose.

(4) With the single exception noted in paragraph (B)(3) above, each individual tenant or other user of the Morgan County Airport shall be personally responsible for removal from the airport, and for the proper disposal of any hazardous or toxic waste generated as a consequence of any of that individual’s activities upon the airport.

(1) No person shall stock, store or use upon the Morgan County Airport any material or equipment in such manner as to constitute a fire hazard.

(2) All building owners and lessees shall keep their building, hangar and/or shop floors, and external areas immediately adjacent to such facilities, free of flammable and combustible waste materials.

(3) The storage, use, dispensing, mixing and handling of flammable and combustible liquids on the Morgan County Airport shall be in accordance with the UFC the UBC.

(a) No person shall store or use flammable and combustible liquids in types and amounts exceeding those listed in the UFC, except upon having been issued a permit from the fire chief for such exception.

(b) No person shall store flammable and combustible liquids on the Morgan County Airport other than in the container types and sizes listed in the UFC. Note: in general, any container that has been approved by the U.S. Department of Transportation (DOT) for interstate shipping and handling of these materials is also acceptable as a storage container on the airport.

(c) No class 1A liquid shall be used as a cleaning agent anywhere on the Morgan County Airport. Only nonflammable liquids especially formulated for such purposes (e.g., stoddard solvent) may be used as cleaning agents upon the airport.

(d) All building owners and lessees shall maintain at least one portable fire extinguisher within such premises, which extinguisher shall have a minimum rating of 10-B:C in accordance with UFC standard 10-1.

(D) Application of flammable finishes. The application of flammable or combustible paint, lacquer, dope, or other flammable or combustible liquid applied as a sprayed finish by compressed air, shall be performed in accordance with the provisions of the UFC and the UBC.

(E) Welding and cutting. Welding and cutting operations, and the storage and use of compressed gases employed therein, shall be performed in accordance with the UFC and the UBC.

(Ord. 24-27, passed 12-17-2024)

§ 155.680 COMMERCIAL ACTIVITIES.

(A) Authorization to establish/operate. No person shall conduct a commercial activity of any nature that is based on or operated from the Morgan County Airport, unless conduct of that activity has been approved by the Morgan County Commission. A business not directly involved in any form of aeronautical activity may be allowed on the airport only if such business would serve and support the airport and flying community (e.g., an airport restaurant). This question will undergo review/recommendation by airport management and the airport advisory board, with ultimate decision-making authority residing with the County Commission.

(B) Conditions of use. Any commercial activity whether commercial aeronautical activity or other will be subject to an appropriate conditional use permit.

(C) Exclusive rights. Nothing in this chapter shall be construed as granting an exclusive business right of any nature to any person authorized to operate on or from the Morgan County Airport.

(D) Standard requirements. Every person conducting any form of commercial activity on or from the Morgan County Airport must be capable of meeting, and shall adhere to, the following standards and requirements:

(1) Continued compliance with all relevant federal, state and county laws and/or regulations and with any specific conditions or requirements identified by the county at the time approval of the activity was granted.

(2) Maintenance of public liability insurance, of that type and amount considered and approved by the Morgan County Commission. Such insurance will name the county as an additional insured.

(3) An appropriate business license.

(4) If paying a fee to the county on the basis of generated revenues, maintenance of adequate (and reasonably available) records relating thereto.

(Ord. 24-27, passed 12-17-2024)

§ 155.690 NON-COMMERCIAL AERONAUTICAL ACTIVITY.

(A) Authority to engage in. The Morgan County Airport being a public airport, no special authorization is required of any person in order to engage in any non-commercial aeronautical activity on or from the Morgan County Airport, except in those specific cases wherein such requirement may be imposed by this ordinance, or may be found in some other regulatory material (e.g., the FAR part 105 requirement that the permission of airport management be sought prior to conducting any parachute jump over or onto the airport).

(B) Standard requirements. Every person engaging in any form of non-commercial aviation activity on or from the Morgan County Airport shall adhere to the fallowing standards and requirements: compliance with all relevant federal, state and county laws and/or regulations.

(1) No private aircraft owner shall be prohibited from performing, on their own equipment, those specific preventative maintenance routines as are outlined in appendix a of FAR part 43, whether such performance is within a privately owned hangar, or on a ramp or tie down.

(2) Private hangar owners may maintain and/or store in their hangars such non-aeronautical equipment as boats, travel/utility trailers, automobiles, etc., provided such use of that hangar is only incidental and secondary to its primary use as an aircraft maintenance and/or storage facility.

(3) Private hangar owners/occupants may store and use in their own hangars all such manner of tools, equipment, parts, and supplies as are normally associated with the building, restoration, or maintenance of aircraft. This privilege is specifically extended to liquid consumables (such as engine oil and paints), provided only that such storage/use involves reasonable quantities thereof, that all relevant requirements of § 155.670 et seq. of this subchapter are met, and that such storage is for the personal use of the hangar owner/occupant only.

(Ord. 24-27, passed 12-17-2024)

§ 155.710 LEASE STANDARDS AND PROVISIONS.

(A) Leasing policy.

(1) No person shall be permitted the exclusive use of any land on the Morgan County Airport unless and until an appropriate, formal lease agreement between that person and Morgan County shall have been executed.

(2) Land lease agreements executed by the county will be of the following three basic types:

(a) lease of land for commercial activity.

(b) Lease of land for non-commercial aeronautical activity.

(3) Both the county clerk and airport manager will maintain blank lease agreement forms and will provide these as required. The county may change the form and content of these standardized agreements as required.

(B) Application procedure. Any person desiring to execute a land lease agreement with Morgan County, whether for land not yet under any lease, or for land underlying an existing structure that has undergone an ownership change, shall make application for same as described below:

(1) If related to commercial activities, the lease applicant shall obtain a copy of the standard land lease agreement and shall complete all appropriate sections of the lease agreement and submit it as part of the application package described under § 155.680 et seq.

(2) If related to non-commercial aeronautical activities, the lease applicant will complete the standard land lease agreement for non-commercial aeronautical activity and submit it to the Morgan County Commission for approval.

(3) Applicants for tenant aircraft tie-downs shall make application to airport management, who will review and approve tie-down leases.

(1) Commercial activity. The duration of any lease agreement, and any subsequent renewal period, executed for land leased in connection with the operation of any type of commercial aeronautical activity shall be as negotiated and agreed between the applicant and the county.

(2) Non-commercial aeronautical activity. The duration of lease agreements executed for land on which private aircraft hangars are sited will be for a period of 30 years. Established lease fees shall be paid annually no later than 31 January of each year to the county treasurer.

(3) Leases for tenant aircraft tie-downs shall be indefinite in duration, and established lease fees shall be paid on a monthly basis (to either the county treasurer, or to airport management if that payment method has been directed by the county).

(4) Sub-leasing or assigning. The lessee shall not assign their lease, or sublease the premises in its entirety, without prior written approval or the Morgan County Commission. The partial rental or sharing of the lessee’s hangar space with others, not a party to the lease, shall not be considered a commercial purpose and shall not be considered sub-leasing such space. The use of any hangar space by parties other than the lessee is still subject to, and required to comply with, all of the terms of the lease agreement. All sections of the lease agreement must be complied with prior to any use of a hangar By the sub-lessee.

(5) Upon the termination of this lease, the buildings, improvements and other personal property erected or located upon the premises shall remain the property of the lessee. The lessee shall have the right to remove the same from the premises within sixty (60) days from the date of the termination of the lease. Any property not so removed within said sixty (60) day period shall become the property of the county to be disposed of in such a way as it may be deemed fit. In the event the lessee elects to remove said building improvements, the land shall be left in a clean and graded condition. If the county is required to terminate any lease through legal action and the lessee is not in default and chooses not to remove leasehold improvements, the county shall pay the leaseholder the fair market value for such improvements.

(6) It shall be understood and agreed that:

(a) Lessee will comply with all provisions of the lease, and further agrees that, if there be failure on the part of the lessee to perform, keep, and observe any of the covenants and conditions contained therein, and provided that lessee be given written notice to correct or cure such default, and within 30 days from the date of such notice the default shall not have been corrected in a manner satisfactory to the county, the county shall have the right to declare the lease terminated.

(b) lessee will indemnify and hold harmless the county against every claim of whatever kind and nature that may be made against it on account of any act or omission of lessee or any other person acting in its behalf or under its direction or holding through or under it. Lessee further agrees to waive all claims against the county for whatever cause which may occur to it or its property in the use or occupancy of the demised premises other than damages arising from the sole negligence of the county, its officers, agents or employees.

(c) Lessee will maintain the leased premises in a reasonable condition of safety, repair, and cleanliness. In the case of a lease for a private aircraft hangar or tenant aircraft tie-down space, this requirement shall extend to the immediate environs of such space, with the leaseholder being responsible for the general order, cleanliness, and mowing of such area. No outside storage of any kind will be permitted in such area, unless upon land already under leasehold.

(d) That for privately owned aircraft storage hangars, the lessee shall maintain such public liability insurance as may be specified in their land-lease agreement with Morgan County.

(e) That the lessee is an independent entity and not an agent or employee of the lessor with regard to any acts or omissions of the lessee.

(f) That nothing within the lease shall be construed to grant or authorize the granting of an exclusive right upon the airport beyond that right to exc1usive use of the real property that is the subject of the lease.

(G) That the lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent lessee from erecting any structure on or near the airport which, in the opinion of the county, would limit the usefulness of the airport or constitute a hazard to aircraft.

(H) That the lease shall be subordinate to the provisions of any existing or future agreement between the lessor and the federal/state government(s) relative to the operation and maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal/state funds for development of the airport.

(I) That the lessor or designated representative reserves the right to temporarily close the airport for maintenance, improvement, or as may be required for the safety of the flying public.

(J) That the lessee shall be solely responsible for all incidental, miscellaneous costs associated with the lease holding, such as taxes and/or similar assessments, utility fees, maintenance and upkeep of the lease hold area, etc.

(Ord. 24-27, passed 12-17-2024)

§ 155.720 RATES AND CHARGES.

(A) Land rental. The County Commission may establish land rental fees for commercial activities and non-commercial aeronautical activities on improved or unimproved land at the airport. Rental rates, and any subsequent changes to these rates, will be established by resolution of the County Commission.

(B) Tie-down fees. The County Commission may establish tiedown fees for transient and tenant aircraft at the airport. Tiedown fees will be set by resolution of the Morgan County Commission.

(C) Fuel flowage fees. The County Commission may require that a fee or royalty be paid to the county by any person selling or dispensing fuel at the airport. Fuel flowage fees or royalties will be established by resolution of the County Commission. Billing considerations, such as the submission of delivery receipts to the county showing all fuel delivered at the airport during the preceding calendar month, will be addressed via any resolution establishing fuel flowage fees or royalties.

(D) Commercial activities. Any person operating a commercial activity at the airport may be required to pay the county a percentage of gross and/or a flat fee as provided by contract.

(E) Rate and charge adjustment. The County Commission may periodically adjust the fees, royalties, or other charges authorized in this chapter, whether based on review and appraisal to determine fair market values, or perhaps “tied” to such an economic indicator as the cpi.

(F) Billing procedures and late charges. Rental fees associated with land lease agreements shall be due and payable as established in § 155.710 et seq. All other amounts payable will be due on the fifth day of the month following the month when the debt was incurred, and late charges in the amount of one per cent (1%) per month or a minimum of five do1lars ($5.00) shall accrue if the amount is not paid within thirty (30) days of the due date. If legal action is required to collect any amount, the county shall also be entitled to attorney’s fees.