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Parowan City Zoning Code

15.48 Airport

Overlay Zoning

15.48.010 Purpose And Findings

  1. Purpose. It is the purpose of this Chapter to regulate and restrict the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of the Parowan Municipal Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein, referring to the Parowan Municipal Airport Height Restriction and Compatible Land Use Overlay Zoning Maps which are incorporated in and made a part of this ordinance; and, providing for enforcement.
  2. Findings. To assist communities in the appropriate land use and height restriction designations, the Federal Aviation Administration (FAA) has published two documents, FAR Part 77, Objects Affecting Navigable Airspace, and Advisory Circular (AC) 150/5300-13, Airport Design. This Chapter incorporates the guidelines set forth in these FAA documents. Based on ths information, Parowan City finds:
    1. That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Parowan Municipal Airport; and
    2. That the encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth herein below may endanger the health, safety, and welfare of the owners, occupants, or users of the land; and
    3. 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
    4. That the Parowan Municipal Airport fulfills an essential community purpose.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.48.020 Definitions

  1. Airport:  Parowan Municipal Airport
  2. Airport Elevation:  The highest point of an airport’s usable landing area measured in feet from mean sea level. This elevation is 5,924 feet MSL (NAVD 88).
  3. Approach Surface:  A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach area height limitation slope set forth in PCMC 15.48.040.
  4. Hazard to Air Navigation: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
  5. Height: For the purpose of determining the height limits in all areas set forth in this Ordinance and shown on the area map, the datum shall be mean sea level elevation unless otherwise specified.
  6. Heliport Primary Surface: The primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is horizontal plane at the elevation of the established heliport elevation.
  7. Larger than Utility Runway: A runway that is constructed for and intended to be used by propeller driven aircraft of greater that 12,500 pounds maximum gross weight and jet powered aircraft.
  8. NAVD 88: North American Vertical Datum 1988. All elevations in this ordinance are referenced to the1988 North American Vertical Datum. To convert elevations referenced to the 1927 National Geodetic Vertical Datum (NGVD 29) to the NAVD 88 datum, add 3.5 feet to the NGV 29 elevation.
  9. Nonprecision Instrument Runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach system is planned and is so indicated on an approved Airport Layout Plan or any other planning document.
  10. Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in PCMC 15.48.040.
  11. Person: 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.
  12. Precision Instrument Runway: A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), a Precision Approach Radar (PAR) or a Global Positioning System (GPS). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
  13. Primary Surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in PCMC 15.48.040(A). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
  14. Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
  15. Structure: An object, including mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
  16. Transitional Surfaces: These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.
  17. Tree: Any object of natural growth.
  18. Utility Runway: A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
  19. Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.48.030 Maps And Boundaries

The boundaries of the Airport Compatible Land Use Overlay Zones are delineated upon the Airport Compatible Land Use Overlay Zoning Map. The boundaries of the Airport Height Restriction Areas are delineated upon the Parowan Municipal Airport Height Restriction Overlay Map. Said maps are adopted by reference and made a part of this Chapter as fully as if the same were set forth herein in detail. Where uncertainty exists as to the boundaries of the Airport Compatible Land Use Overlay Zones and/or the Airport Height Restriction Areas as shown on the official Maps, the following rules shall apply:

  1. Boundaries shall be scaled from the nearest physical feature shown on the maps.
  2. Boundaries may be scaled from the nearest platted lot line as shown on the maps.
  3. Distances not specifically indicated on either of the original maps shall be determined by a scaled measurement.
  4. Where physical features on the ground differ from the information shown on either of the official maps or when there arises a question as to how or where a parcel of property is located in relation to an airport compatible land use zone or an airport height restriction area and such questions cannot be resolved by the application of the appropriate section of this Chapter, the property shall be considered to be classified as the most restrictive airport compatible land use overlay zone or airport height restriction area.
  5. Where a parcel of land lies within more than one (1) airport compatible land use overlay zone or airport height restriction area, the zone or area within which each portion of the property is located shall apply individually to each portion of the development.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.48.040 Airport Height Limitations

    1. Airport Height Restriction Areas: In order to carry out the provisions of this Article, there are hereby created and established certain areas which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Parowan Municipal Airport. Such areas are shown on the Parowan Municipal Airport height restriction overlay map. Height restrictions shall be implemented according to FAR Part 77, Objects Affecting Navigable Airspace.
    2. Nonprecision Instrument Runway Approach Area (larger than utility aircraft): The inner edge of this approach area coincides with the width of the primary surface and is 500 feet wide. The approach surface expands uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. The centerline of the approach area is a continuation of the centerline of the runway.
    3. Transitional Areas: The transitional areas are beneath the transitional surfaces.
    4. Horizontal Areas: The horizontal area is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal area does not include the approach and transitional areas.
    5. Conical Area: The conical area commences at the periphery of the horizontal area and extends outward therefrom a horizontal distance of 4,000 feet.
    1. Airport Height Limitations: Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any area created by this Ordinance to a height in excess of the applicable height limit herein established for such area. Such applicable height limitations are hereby established for each of the areas in question as shown on the Parowan Municipal Airport height restriction overlay zoning map. When determined appropriate by the City, a person may be required to submit a Notice of Proposed Construction or Alteration to the FAA to address any height concerns.
    2. Visual Runway Approach Surface: Slopes twenty (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. Nonprecision Instrument Runway Approach Surface: Slopes thirty-four (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. Transitional Surface: Slope seven (7) 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. In addition to the foregoing, there are established height limits sloping seven (7) 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.
    5. Horizontal Surface: Established at 150 feet above the airport elevation or at a height of 6,074 feet above mean sea level (MSL).
    6. Conical Surface: Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal area and at 150 feet above the airport elevation (6,074 feet MSL) and extending to a height of 350 feet (6,274 feet MSL) above the airport elevation.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.48.050 Airport Compatible Land Use Regulations

    1. Airport Compatible Land use Overlay Zones Established: For the purpose of regulating the development of noise sensitive land uses to promote compatibility between the Airport and the surrounding land uses, to protect the Airport from incompatible development and to promote the health, safety, and general welfare of property users, the controlled area of the Parowan Municipal Airport is divided into four (4) airport compatible land use overlay zones, and shall be known as:
    2. Runway Protection Zone (RPZ): This zone begins at the end of the primary surface of each runway. For runways 4 and 22 the zone begins at a width of 500 feet and expands outward uniformly to a width of 1,010 feet at a horizontal distance of 1,700 feet from the primary surface.
    3. Approach Zone (AZ): This zone applies to Runways 4 and 22. The approach zones begin at the end of the primary surface on each runway end at a width of 500 feet and expand outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet.
    4. Traffic Pattern Zone (TPZ): The traffic pattern zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of the runway 4/22 and connecting the adjacent arcs by drawing lines tangent to those arcs. Excluded from this zone is the area located more than a perpendicular distance of 1,700 feet southeast of the runway.
    5. Airport Influence Zone (AIZ): The airport influence zone commences at the periphery of the traffic pattern zone and extends outward therefrom a horizontal distance at 4,000 feet. Excluded from this zone is the area located more than a perpendicular distance of 1,700 feet east of the runway centerline.
    6. When compatible land use overlay zones overlap, the more restrictive zone shall apply.
  1. Use of Land Buildings
    1. Within the Airport Compatible Land Use Overlay Zones as defined herein; no land shall hereafter be used and no structure or other object shall hereafter be erected, altered, converted, or modified other than for those compatible land uses permitted by underlying comprehensive zoning districts, as specified in this Chapter. Additionally, land uses not compatible with the Airport Compatible Land Use Overlay Zones, as set forth in the following land use table, regardless of underlying zoning, are prohibited. Uses designated as "P" are permitted, those designated as "N" are not permitted.

      AIZTPZAZRPZ

      Residential-those uses indentified in the R-3

      zoning districts (PCMC 15.34) and including

      hotels, motels and mobile homes
      ppN*N

      Churches, schools, hospitals, places of

      public assembly
      PPNN
      Transportation, parking, cemeteriesPPPN
      Gerneral Commercial UsesPPPN
      Industrial & Manufacturing UsesPPPN
      Agricultural-cropland, open spacePPPP
      Agricultural-LivestockPPPN

      Recreational-parks,playgrounds,golf

      courses, zoos
      PPPN
      Outdoor Spectator SportsPPPN
      AmphitheatersPNNN
      Note: Development Projects which are wildlife attractant, including sewage ponds and landfills, within 10,000 feet of the airport are unacceptable (Ref: FAA AC 150/5200-33)

      *Land within the Approach Zone which is south and west of the runway may have single-family residential uses as long as they are no more dense than one dwelling per 10,000 square feet of land area (Parowan City R-1 Zoning) and are located as far as practical away from the centerline extended from the runway.

      *If permitted, navigation easements and disclosure must be required as a condition of development.

    2. Where any prohibited use of land and buildings set forth in PCMC 15.48.050(B) conflicts with any use of land and buildings set forth in PCMC Title 15, (Zoning Ordinance), as an allowed use on the Zoning Map, the more restrictive regulation shall apply.
    3. Owners of property within the approach zone, in advance of receiving a building permit, shall grant a navigation easement to Parowan City Corporation. The purpose of this easement shall be to establish a maximum height restriction on the use of property and to hold the public harmless for any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on, or at, Parowan Municipal Airport.
    4. Owners of property constructing new buildings or structures within the Approach Zone where the public is received, office areas, noise sensitive areas, or where the normal noise level is low, or dwellings, shall incorporate measures to achieve at least 25bB sound attenuation.
  2. Additional Land Use Regulations
    1. On property within the airport compatible land use overlay zoning map jurisdiction, but outside the City limits of Parowan City, the Iron County Parowan Airport Overlay Ordinance shall apply to the property to establish the prohibited uses.
    2. Notwithstanding any other provisions of this Chapter or other Chapter of the Parowan City Municipal Code and/or Utah State Municipal Code, no use may be made of land, water, or structures 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, or 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, taking off, or flight operations of aircraft utilizing the Airport. The FAA documents; FAR Part 77, Objects Affecting Navigable Airspace and, Advisory Circular (AC) 150/5300-13, Airport Design, should be consulted.
    3. When a subdivision plat is required for any property within the approach zone, the property owner shall grant a navigation easement to Parowan City Corporation over and across that property. This easement shall establish a height restriction on the use of the property and hold the public harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the Parowan Municipal Airport. A delineation of the Approach Zone boundary shall be required on all subdivision plat containing property within the Approach Zone.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.48.060 Nonconforming Structures And Uses

  1. Regulations Not Retroactive. The regulations prescribed by this Ordinance 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 this Ordinance, 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 this Ordinance, and is diligently prosecuted.
  2. Marking and Lighting. Notwithstanding the preceding provision 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 Parowan City Corporation 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 Parowan Municipal Airport.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

2016-06-01