This chapter shall be known and may be cited as "Morton airport zoning ordinance." This chapter shall only apply to and affect property located within the city limits of the city of Morton.

(Ord. 369 § 1, 1986)

As used in this chapter, unless the context otherwise requires:

"Airport" means Morton Airport.

"Airport elevation" means nine hundred fifty (950) feet above mean sea level.

"Approach surface" means a surface longitudinally centered on the runway centerline, extending outward and upward from the end of the runway surface and at the slope of 20 - 1.

"Board of adjustment" means the Morton planning commission.

"Hazard to air navigation" means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height. For the purpose of determining the height limits set forth in this chapter, the datum shall be sea level elevation unless otherwise specified.

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

"Obstruction" means any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Section 17.64.040.

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

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

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

"Transitional surfaces" means those surfaces that extend outward at ninety (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 runway to where they intersect the approach surface.

"Tree" means any object of natural growth.

"Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. 555 § 1, 1999; Ord. 369 § 2, 1986)

In order to carry out the provisions of this chapter, there are created and established certain airport zones which include all of the land lying beneath the approach surfaces and transitional surfaces, within the city limits, as they apply to the Morton Airport. This zone is established and defined as follows:

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the runway surface and its intersection with the transitional surface. Its centerline is the continuation of the centerline of the runway.

(Ord. 369 § 3, 1986)

Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

A.

Utility Runway Visual Approach Zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the runway surface and extending along the runway centerline.

B.

Transitional Zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the runway surface and the approach surface.

(Ord. 369 § 4, 1986)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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, create bird strike hazards, or otherwith in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Ord. 369 § 5, 1986)

A.

Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changer or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, 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 said ordinance, and is diligently prosecuted.

B.

Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the city council, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the city.

(Ord. 369 § 6, 1986)

A.

Future Uses. Except as specifically provided in subsections A, B and C of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined 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. No permit for use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with subsection C of this section.

B.

Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, shall first apply to the planning commission for a variance from such regulations. The planning commission will submit its recommendations to the city council for final determination on the variance. The application for 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 variance 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, will do substantial justice and will be in accordance with the spirit of this chapter.

D.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the city council, this condition may be modified to require the owner to permit the city, at its own expense, to install, operate and maintain the necessary markings and lights.

(Ord. 555 § 2, 1999; Ord. 369 § 7, 1986)

It shall be the duty of the Morton police department to administer and enforce the regulations prescribed in this chapter.

(Ord. 369 § 8, 1986)

Where there exists a conflict between any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 369 § 10, 1986)

Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than one hundred eighty (180) days or both; and each day a violation continues to exist shall constitute a separate offense.

(Ord. 369 § 9, 1986)