This chapter shall be known and may be cited as the airport height zoning ordinance.

(Ord. 97-12 § 1, 1997)

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

"Airport" means Preston Airport.

"Airport elevation" means the highest point of an airport's usable landing area measured in feet from sea level.

"Approach surface" means 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 zone height limitation slope set forth in Section 17.56.040. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, Transitional, Horizontal and Conical Zones. These zones are set forth in Section 17.56.030.

"Board of appeal" means the city council of Preston, Idaho.

"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand (4,000) feet.

"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 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.

"Horizontal surface" means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

"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.

"Non-precision instrument runway" means 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 non-precision instrument approach procedure has been approved or planned.

"Obstruction" means any structure, growth or other object including a mobile object, which exceeds a limiting height set forth in Section 17.56.040.

"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.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (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 the runway. The width of the primary surface is set forth in Section 17.88.030. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

"Runway" means a defined area on all airport prepared for landing and take-off 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 information, and overhead transmission lines.

Transitional Surfaces. These surfaces extend outward at ninety (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 five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety (90) degree angles to the extended runway centerline.

"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 (12,500) pounds maximum gross weight and less.

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

(Ord. 97-12 § 2, 1997)

1. In order to carry out the provisions of this chapter, there are 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 the airport. Such zones are shown on the Preston Airport Zoning Map consisting of one sheet, prepared by Largest International Engineering, and dated October 8, 1992, which is attached to the ordinance codified in this chapter and made a part hereof.
2. An area located in more than one (1) 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 of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide. The approach zone expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
   2. Utility Runway Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of two thousand (2,000) feet at a horizontal distance five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
   3. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
   4. Horizontal Zone. The horizontal zone is established by swinging arcs of five thousand (5,000) feet radii 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.
   5. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet.

(Ord. 97-12 § 3, 1997)

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 established for each of the zones in question as follows:

1. 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 primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline.
2. Utility Runway Non-Precision Instrument Approach Zone. 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 five thousand (5,000) feet along the extended runway centerline.
3. Transitional Zones. 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 one hundred fifty (150) feet above the airport elevation which is four thousand seven hundred twenty (4,720) 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 (7) 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 five thousand (5,000) feet measured at ninety (90) degree angles to the extended runway centerline.
4. Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation or a height of four thousand eight hundred seventy (4,870) feet above mean sea level.
5. Conical Zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.
6. Excepted Height Limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.

(Ord. 97-12 § 4, 1997)

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 other, 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. 97-12 § 5, 1997)

1. Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree conforming to the regulations as of the effective date of the ordinance codified in this chapter, 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 said 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 required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the chairman of the Preston airport board to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and light shall be installed, operated and maintained at the expense of the airport.

(Ord. 97-12 § 6, 1997)

1. Future Uses. Except as specifically provided in subsections A through 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 hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit 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 chapter 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 seventy-five (75) feet of vertical height above the ground except when, because of the 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 four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (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 seventy-five (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 chapter except as set forth in Section 17.56.040(F).
2. 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 section 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.
3. Nonconforming Uses Abandoned or Destroyed. Whenever the Preston planning and zoning commission determines that a nonconforming tree or structure has been abandoned or more than eighty (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.
4. 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, may apply to the Preston planning and zoning commission 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 chapter.
5. 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 Preston planning and zoning commission, this condition may be modified to require the owner to permit the Preston airport at its own expense, to install, operate and maintain the necessary markings and lights.

(Ord. 97-12 § 7, 1997)

It shall be the duty of the Preston planning and zoning commission to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the commission upon a form published for that purpose. Applications required by this chapter to be submitted to the commission shall be promptly considered and granted or denied.

(Ord. 97-12 § 8, 1997)

1. There is created a board of appeal to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision or determination made by the Preston planning and zoning commission in the enforcement of this chapter; (2) to hear and decide special exceptions to the terms of this chapter upon which such board under such regulations may be required to pass; and (3) to hear and decide specific variances.
2. The board of appeal shall consist of the members of the Preston city council.
3. Meetings of the board of appeal shall be held at the call of the mayor and at such other times as the board of appeal may determine. The mayor or, in the absence of the mayor, the president of the council may administer oaths and compel the attendance of witnesses. All hearings of the board of appeal shall be public. The board of appeal 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 and on due cause shown.
4. The board of appeal 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 chapter.
5. The concurring vote of a majority of the members of the board of appeal shall be sufficient to reserve any order, requirement, decision or determination of the board or decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect variation to this chapter.

(Ord. 97-12 § 9, 1997)

1. Any person aggrieved, or any taxpayer affected, by any decision of the Preston planning and zoning commission made in the administration of this chapter, may appeal to the board of appeal.
2. All appeals hereunder must be taken within thirty (30) days, by filing with the clerk of Preston, Idaho a notice of appeal specifying the grounds thereof. The clerk shall forthwith transmit to the board of appeal all the papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Preston planning and zoning commission certifies to the board of appeal, 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 the Preston planning and zoning commission cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the board of appeal on notice to the planning and zoning commission and on due cause shown.
4. The board of appeal 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.
5. The board of appeal may, in conformity with the provisions of this chapter, 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. 97-12 § 10, 1997)

Any person aggrieved, or any taxpayer affected, by any decision of the board of appeal, may appeal to the Sixth District Court, in and for Franklin County, as provided in the applicable Rules of the Court and in the statutes of the state of Idaho.

(Ord. 97-12 § 9, 1997)

Where there exists a conflict between any of the regulations or limitation prescribed in this chapter and any other regulation 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. Although this chapter may not require building permits for structures less than a certain height in some zones, if other ordinances or regulations of the city require building or zoning permits, such ordinances and regulations shall be complied with.

(Ord. 97-12 § 13, 1997)

Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than six (6) months or both; and each day a violation continues to exist shall constitute a separate offense.

(Ord. 97-12 § 12, 1997)