This article shall be known as the airport zoning regulations. These regulations are intended to provide for the safe operation of aircraft into and out of Eppley Airfield, Millard Airport and other airports operated by the Omaha airport authority, and other private aviation airports, by providing for zones in which development is restricted.

(Code 1980, § 55-692)

The following definitions shall be used for terms contained in this article that are not otherwise defined in this or other chapters of this Code:

(a)

Airport: Eppley Airfield, Millard Airport, North Omaha Airport, and Durand Skyranch Airport, as they now provide or may hereafter provide for the landing or taking off of aircraft and related aviation conducted in the interest of the public.

(b)

Airport elevations:

Eppley Airfield: 983 feet MSL.

Millard Airport: 1,051 feet MSL.

North Omaha airport: 1,322 feet MSL.

Durand Skyranch airport: 1,285 feet MSL.

(c)

Airport encroachment: Any structure, tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at Eppley Airfield, Millard Airport, North Omaha Airport, and Durand Skyranch Airport, or is otherwise hazardous to the operation of aircraft.

(d)

Airport encroachment area: Any area of land or water upon which an airport hazard might be established if not prevented by this article.

(e)

Departure limit: The horizontal line perpendicular to the runway center line, established as the beginning of the usable takeoff runway.

(f)

Landing area: The area of the airport intended for use for the landing, taking off or taxiing of aircraft.

(g)

Landing threshold: A horizontal line, perpendicular to the runway center line, established as the beginning of the usable landing runway.

(h)

Mean sea level: The United States Coast and Geodetic Survey zero datum plane, abbreviated MSL.

(i)

Nonconforming use: Any structure, tree or use of land which does not conform to the requirements of this article, or an amendment thereto, as of the effective date of this article [March 4, 1987] or amendment.

(j)

Person: Any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representatives thereof.

(k)

Runway: That portion of the landing area intended for the landing and/or taking off of aircraft.

(l)

Structure: Any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.

(m)

Tree: Any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes or plants which do not grow to a height of more than five feet.

(n)

Zoning reference point: The point of intersection of the center line of Eppley Airfield Runway 14 R/32L with the center line of Eppley Airfield Runway 17 R/35L; or the center line of the runway at Millard Airport, North Omaha Airport and Durand Skyranch Airport.

(Code 1980, § 55-693)

Cross reference— Definitions and rules of construction generally, § 1-2; zoning definitions, § 55-11 et seq.

In order to define the dimensions of the zones established by this section, the city hereby adopts an official airport zoning map, included in the official zoning maps of the city. In the event of a difference between the airport zoning provisions and the official airport zoning map, as amended, the language of the airport zoning provisions shall prevail.

(Code 1980, § 55-694)

There is hereby created an airport encroachment area which consists of runway area zones, approach departure zones, transition zones, horizontal zone, and conical zone, which are shown on the airport zoning map and defined as follows:

(a)

Runway area zones. Runway area zones are established along the runways, having a width of 1,000 feet symmetrically located along both sides of the center line of the runway and all other area between parallel runways, and extended longitudinally 200 feet beyond the outermost landing threshold, departure limit, or departure threshold at each end of the runway.

(b)

Approach-departure zones. Approach-departure zones are established beyond and outward from the landing thresholds and departure limits of the runways, having a width of 1,000 feet at their beginning, and a distance of 200 feet outward from the landing thresholds and departure limits, symmetrically located along both sides of the extended center line of the runway, and widening uniformly to a width of 19,000 feet at the outer limit of the zone, a distance of 60,200 feet outward from the landing thresholds and departure limits. This approach-departure zone includes that area adjacent to it between parallel runways to a point where the widening zone intersects with the like zone of the parallel runway.

(c)

Transition zones. Transition zones are established along both sides of all runways, except towards the parallel runway, and adjacent to the runway area zone, extending laterally outward therefrom for varying distances to a line formed by the locus of the points where the height limits of the transition zones equal the height limit of the horizontal zone or equal the transition zone of runway area zones, and being between the beginning of the approach-departure zones at each end of the runway.

Further, transition zones are established along both sides of all approach-departure zones, and extending laterally outward therefrom for varying distances to a line formed by the locus of the points where the height limits of the transition zone equal the height limits of the horizontal zone or the height limits of the conical zone, or for a distance of 5,000 feet, whichever is less. Transition zones so established extend longitudinally between the inner and outer limits of the approach-departure zones, which is a distance of 60,000 feet.

(d)

Horizontal zone. A horizontal zone is established which has as its outer boundary a line which is at all times two miles (10,560 feet) beyond the airport property line as it will ultimately be extended.

(e)

Conical zone. A conical zone is established as the area between the circumference of a circle with a radius of 13,000 feet centered on the zoning reference point and the circumference of a circle with a radius of 20,000 feet centered on the zoning reference point.

(Code 1980, § 55-695)

No structure, tree or other use of land shall be permitted which exceeds the height limit set forth by this section. The following height limits are established for each of the zones, as follows:

(a)

Runway area zones. The height limit for runway area zones shall be level with the runway center line, measured perpendicularly therefrom, except in the areas between a landing threshold or departure limit and the beginning of its related approach-departure zone, where the height limit will be level with the center line of the runway as it exists at the landing threshold or departure limit.

(b)

Approach-departure zones. The height limit for approach-departure zones shall be one foot in height for each 50 feet in horizontal distance, beginning at the inner limit of the zone at the elevation of the related landing threshold or departure limit, and extending longitudinally along the extended runway center line, to the outer limit of the zone.

(c)

Transition zones. The height limit for transition zones established adjacent to runway area zones shall be one foot in height for each seven feet in horizontal distance, beginning at the inner limit of the zone and at the height limit of the runway area zone, and extending laterally, measured perpendicular to the runway center line, to the outer lateral limit of the zone. For such zones established adjacent to the lateral limits of the approach-departure zones, the height limit shall be one foot in height for each seven feet in horizontal distance, beginning at the inner limit of the zone and at the height limit of the adjacent approach-departure zone, and extending laterally, measured perpendicular to the runway center line, to the outer lateral limits of the zone.

(d)

Horizontal zones. The height limit for horizontal zones shall be 150 feet above the airport elevation.

(e)

Conical zone. The height limit for conical zones shall be one foot in height for each 20 feet in horizontal distance, measured in a vertical plane passing through the zoning reference point, and beginning at the circle with a radius of 13,000 feet around the zoning reference point and at an elevation of 150 feet above the airport elevation, continuing to the outer limit of the conical zone.

(f)

Conflicts of height limits. Where an area is subject to more than one height limit, the most restrictive height limit shall apply.

(Code 1980, § 55-696)

Notwithstanding any other provision of this article, no use may be made of any land within any runway area zone, approach-departure zone, horizontal zone, conical zone or transition zone in any manner as to create electrical interference with the radio or radar communication or navigation aids between the airport and aircraft; make it difficult for air crews to distinguish between airport lights and others; result in glare in the eyes of air crews using the airport; impair visibility in the vicinity of the airport; or otherwise endanger the landing, taking off or maneuvering of aircraft within these zones.

(Code 1980, § 55-697)

(a)

Continuation of lawful nonconforming uses. Any land use lawfully existing on the effective date of this chapter [March 4, 1987] may continue, subject to the provisions of this section.

(b)

Enlarging degree of nonconformance. No nonconforming structure or tree shall be built, replaced, altered, replanted or allowed to grow to a height that increases the degree of nonconformance or that violates the height limits established by this section.

(c)

Damage or destruction.

(1)

Should a structure occupied by a lawful nonconforming use be damaged to the extent that the cost of restoration exceeds 50 percent of the replacement cost of the structure, the nonconforming use shall no longer be permitted.

(2)

Any nonconforming tree which has been damaged or decayed to the extent of 50 percent or more shall be removed.

(d)

Abandonment. If any structure or property containing a lawful nonconforming use becomes vacant or unused for a continuous period of six months, any subsequent use must conform to all airport zoning regulations.

(e)

Unlawful nonconforming uses. These provisions shall not be interpreted as authorization for or approval of the continuation of any structure, use or tree in violation of any zoning regulations in effect on or before the effective date of this chapter [March 4, 1987].

(Code 1980, § 55-698)

(a)

Administrative agency. It shall be the duty of the planning department to administer and enforce this article, and it is hereby appointed the "administrative agency" provided for in R.R.S. 1943, § 3-319. The planning department shall have all the powers and perform all the duties of the administrative agency, as provided by the Airport Zoning Act.

(b)

Permit applications. Applications for permits shall be made to the planning department upon a form furnished by it. Any application shall be promptly considered and granted or denied. Applications for action by the zoning board of appeals shall be transmitted in accordance with the applicable provisions of this Code and state law.

(Code 1980, § 55-699)

(a)

Designation of board of adjustment. The zoning board of appeals shall be the "board of adjustment" with respect to this article and shall have and exercise the powers conferred by R.R.S. 1943, § 3-320, and such other powers and duties as are conferred and imposed by law. Any person aggrieved or affected by any decisions or actions of the planning department made in its administration of this article may appeal such decision or action to the zoning board of appeals. Any appeal taken pursuant to this section shall be by the procedure established by law.

(b)

Powers of the zoning board of appeals. In addition to the powers conferred by R.R.S. 1943, §§ 14-408—14-418, as amended, the zoning board of appeals shall have the following powers:

(1)

To hear and decide appeals from any order, requirement or decision made by the permits and inspections division in the enforcement of this article.

(2)

To hear and decide any special exemptions to the terms of this article which such board may be required to pass under this article.

(3)

To hear and decide specific variances under R.R.S. 1943, § 3-312.

(c)

Appeal from decisions of zoning board of appeals. Any person aggrieved or affected by a decision of the zoning board of appeals may appeal to the district court of Douglas County in the manner provided in R.R.S. 1943, § 3-324 et seq.

(Code 1980, § 55-700)

The planning board of the city is hereby appointed the "airport zoning commission," referred to in R.R.S. 1943, § 3-308, and shall have and exercise the powers conferred by R.R.S. 1943, § 3-308, and such other powers and duties as are conferred and imposed by law.

(Code 1980, § 55-701)