This Chapter shall be known and may be cited as OROFINO CITY AIRPORT ZONING ORDINANCE. (Ord. 475, 1974)

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

AIRPORT: Orofino City Airport.

AIRPORT ELEVATION: The established elevation of the highest point on the usable landing area.

AIRPORT HAZARD: Any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.

AIRPORT REFERENCE POINT: The point established as the approximate geographic center of the airport landing area and so designated.

HEIGHT: For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

LANDING AREA: The area of the airport used for the landing, taking off or taxiing of aircraft.

NONCONFORMING USE: Any preexisting structure, tree, natural growth or use of land which is inconsistent with the provisions of this Chapter or an amendment thereto.

NONINSTRUMENT RUNWAY: A runway other than an instrument runway.

PERSON: An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

RUNWAY: The paved surface of an airport landing strip.

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

TREE: Any object of natural growth. (Ord. 475, 1974; amd. Ord. 589, 10-23-1984)

In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, noninstrument approach zones, transition zones, horizontal zones and conical zones.

Such areas and zones are shown on Airspace Zoning Map consisting of one sheet, prepared by Hamilton and Voeller, Consulting Engineers and dated August, 1974, which is attached to Ordinance 475, on file in the office of the City Clerk, and made a part hereof. The various zones are hereby established and defined as follows:

   A.   Noninstrument Approach Zone: A noninstrument approach zone is established at each end of all noninstrument runways for noninstrument landings and take offs. The noninstrument approach zones shall have a width of two hundred fifty feet (250') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand two hundred fifty feet (1,250') at a distance of five thousand two hundred feet (5,200') beyond each end of the runway, its center line being the continuation of the center line of the runway.

   B.   Transition Zones: Transition zones are hereby established adjacent to each noninstrument runway and approach zone as indicated on the Zoning Map. Transition zones symmetrically located on either side of runways have widths as shown on the Zoning Map. Transition zones extend outward from a line one hundred twenty five feet (125') on either side of the center line of the noninstrument runway, for the length of such runway plus two hundred feet (200') on each side; and are parallel and level with such runway center line. The transition zones along such runway slope upward and outward one foot (1') vertically for each seven feet (7') horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to the noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the Zoning Map. Such transition zones flare symmetrically with either side of the approach zones from the base of such zones and slope upward and outward at the rate of one foot (1') vertically for each seven feet (7') horizontal and conical zones.

   C.   Horizontal Zone: A horizontal zone is hereby established as the area inscribed by a radius of five thousand feet (5,000') both sides of and parallel to the center line of said runway. The horizontal zone does not include the noninstrument approach zones and the transition zones.

   D.   Conical Zone: A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of four thousand feet (4,000'). The conical zone does not include the noninstrument approach zones and transition zones. (Ord. 475, 1974)

Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Chapter to a height in excess of the height limit herein established for such zones.

Such height limitations are hereby established for each of the zones in question as follows:

   A.   Noninstrument Approach Zones: One foot (1') in height for each twenty feet (20') in horizontal distance beginning at a point two hundred feet (200') from and at the center line elevation of the end of the noninstrument runway and extending to a point of five thousand feet (5,000') from the end of the runway.

   B.   Transition Zones: One foot (1') in height for each seven feet (7') in horizontal distance beginning at any point one hundred twenty five feet (125') normal to and at the elevation of the center line of noninstrument runways, extending two hundred feet (200') beyond each end thereof, extending to a height of one hundred fifty feet (150') above the airport elevation which is one thousand feet (1,000') above mean sea level. In addition to the foregoing, there are established height limits of one foot (1') vertical height for each seven feet (7') horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surface.

   C.   Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of one thousand one hundred fifty feet (1,150') above mean sea level.

   D.   Conical Zone: One foot (1') in height for each twenty feet (20') of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of three hundred fifty feet (350') above the airport elevation and two hundred feet (200') above the horizontal surface.

Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. (Ord. 475, 1974)

Notwithstanding any other provision of this Chapter, no use may be made of land within any zone established by this Chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and other, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft. (Ord. 475, 1974)

   A.   Regulations Not Retroactive: The regulations prescribed by this Chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date hereof or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof, and is diligently prosecuted.

   B.   Marking And Lighting: Notwithstanding the preceding provision of this Section, the owner of any 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 City to indicate to the airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the City. (Ord. 475, 1974)

   A.   Future Uses: Except as specifically provided in subsection A1, A2 and A3 hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby 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.

      1.   In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') 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 zone.

      2.   In the area lying within the limits of the approach zones but at a horizontal distance of not less than four thousand two hundred feet (4,200') from each end of the runways, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for noninstrument approach zone.

      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 seventy five feet (75') 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, alteration or growth of any structures or trees in excess of any of the height limits established by this Chapter except as set forth in Section 11-3-4 of this Chapter.

   B.   Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher or become a greater hazard to air navigation than it was on the effective date hereof or any amendments thereto or than it is when the application for a permit is made.

Except as indicated, all applications for such permit shall be granted.

   C.   Nonconforming Uses Abandoned Or Destroyed: Whenever the City determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically destroyed 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 his property, not in accordance with the regulations prescribed in this Chapter, may apply to the Planning and Zoning Commission for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this Chapter.

   E.   Hazard 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 permit the City at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. (Ord. 475, 1974)

It shall be the duty of the City Attorney to administer and enforce the regulations prescribed herein. Application for permits and variances shall be made to the City Attorney upon a form furnished by him. Applications required by this Chapter to be submitted to the City Attorney shall be promptly considered and granted or denied by him. Applications for action by the Planning and Zoning Commission shall be forthwith transmitted by the City Attorney. (Ord. 475, 1974)

When there exists a conflict between any of the regulations or limitations prescribed in this Chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of the land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 475, 1974)

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 one hundred dollars ($100.00) or imprisonment for not more than thirty (30) days or both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense. (Ord. 475, 1974)