A.

This article is adopted pursuant to the authority conferred by 3 O.S. § 100 et seq., known as the Airport Zoning Act. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Davis Field Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Davis Field Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Davis Field Airport and the public investment therein. Accordingly, it is declared:

1.

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Davis Field Airport;

2.

That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

3.

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

B.

It is further declared that the prevention of the creation or establishment of hazards of air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests to land.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Davis Field Airport. Such zones are shown on the Davis Field Airport Action Plan consisting, in part, of three sheets, E4-E6, prepared by Barnard Dunkelberg & Company, dated October, 1999, and approved or technically modified by the Federal Aviation Administration, which are made a part hereof through incorporation by reference. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

1.

Utility runway visual approach zone. The inner edge 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.

2.

Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone. The inner edge of the runway larger than utility with a visibility minimum greater than three-fourths 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.

3.

Precision instrument runway approach zone. The inner edge of 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 which is runway 13/31.

4.

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

5.

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all noninstrument runways and 10,000 feet for all instrument runways 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.

6.

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Specific limitations. Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article 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:

1.

Utility runway visual approach zone. The utility runway visual approach zone slopes 20 feet outward for each foot upward 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.

2.

Runway larger than utility visual approach zone. The runway larger than utility visual approach zone slopes 20 feet outward for each foot upward 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.

3.

Runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone. The runway larger than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone slopes 34 feet outward for each foot upward 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.

4.

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

5.

Transitional zone. The transitional zone slopes seven feet outward for each 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 150 feet above the airport elevation which is 611 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

6.

Horizontal zone. The horizontal zone established at 150 feet above the airport elevation or at a height of 761 feet above mean sea level.

7.

Conical zone. The conical zone slopes 20 feet outward for each foot upward 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.

B.

Excepted height limitations. Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

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

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Regulation not retroactive. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance from which this article is derived, or otherwise interfere with the continuance of 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 the ordinance from which this article is derived, and is diligently prosecuted.

B.

Marking and lighting. Notwithstanding the provision of Subsection A 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 shall be deemed necessary by the Public Works Director or his/her designee to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Future uses. Except as specifically provided in Subsections 1 thru 3 of this section, hereunder, 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 hereby created unless a permit therefore 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 a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with Subsection D of this section.

1.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

2.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

3.

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. 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 article except as set forth in Section 90-20-03.B.

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 from which this article is derived or any amendments thereto or than it is when the application for a permit is made. Except as indicated an application for such a permit shall be granted.

C.

Nonconforming uses abandoned or destroyed. Whenever the Public Works Director or his/her designee 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 or otherwise deviate from the Zoning Regulations.

D.

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 herein, may apply to the Airport Zoning Board of Adjustment for a variance from such regulations. 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 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, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Public Works Director or his/her designee for advice as to the aeronautical effects of the variance. If the Public Works Director or his/her designee does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.

E.

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article 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 Board of Adjustment, 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. No. 3948-A, § 1(Att.), 9-22-2014)

A.

It shall be the duty of the Public Works Director or his/her designee of the city to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Public Works Director or his/her designee at the Office of Public Works, 301 South Cherokee Street, Muskogee, OK, upon a form published for that purpose. Applications required by this ordinance to be submitted to the Public Works Director or his/her designee shall be promptly considered and granted or denied. Application for action by the Airport Zoning Board of Adjustment shall be forthwith transmitted by the Public Works Director or his/her designee.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The Airport Zoning Board of Adjustment, in addition to their normal powers and duties, shall exercise the following powers:

1.

To hear and decide appeals from any order, requirement, decision, or determination made by the Public Works Director or his/her designee in the enforcement of this article;

2.

To hear and decide special exceptions to the terms of this article upon which such Board of Adjustment may be required to pass; and

3.

To hear and decide specific variances consistent with the Airport Zoning Act.

B.

The board of adjustment shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board of Adjustment may determine. The chairperson or, in the absence of the chairperson, the acting chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the City Clerk of the city and on due cause shown.

C.

The Board of Adjustment shall make written findings of facts 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 this article.

D.

The mayor, subject to approval of the City Council, shall appoint the required number of members to the Airport Zoning Board of Adjustment which shall be the same members as the Airport Board.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Any person aggrieved, or any taxpayer affected, by any decision of the Public Works Director or his/her designee in the areas made in the administration of this article, may appeal to the City's Board of Adjustment.

B.

All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the Public Works Director or his/her designee a notice of appeal specifying the grounds thereof. The Public Works Director or his/her designee shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

C.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Public Works Director or his/her designee certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of Public Works Director or his/her designee cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Board of Adjustment on notice to the Public Works Director or his/her designee and on due cause shown.

D.

The Board of Adjustment 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.

E.

The Board of Adjustment may, in conformity with the provisions of this article, reverse or 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. No. 3948-A, § 1(Att.), 9-22-2014)

Any person aggrieved, or taxpayer affected, by any decision of the Board of Adjustment under this article, may appeal to the district court of the county as provided in 3 O.S. § 111.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

Each violation of this article or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine according to a schedule of fees, as shall be modified from time to time by the council, and made available for public viewing in the City Clerk's office or imprisonment for not more than one year in the county jail, or both; and each day a violation continues to exist shall constitute a separate offense.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

State Law reference— Enforcement and remedies, 3 O.S. § 112.

Where there exists a conflict between any of the regulations or limitations prescribed herein and the Aircraft Pilot and Passenger Protection Act (APPPA) or 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. No. 3948-A, § 1(Att.), 9-22-2014)