It is the purpose of the Airport Overlay Zone District to restrict the height of structures and objects of natural growth, and otherwise regulate the use of property, in the vicinity of the Sandpoint Airport by: creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; define certain terms used herein; reference the Airport's FAR Part 77 Airspace; provide for enforcement; and impose penalties. It is hereby found that an aviation hazard endangers the lives and the property of users of the airport, as well as the property and the occupants of land in the vicinity of the airport. An aviation hazard reduces the size of the area available for landing, takeoff and maneuvering of aircraft, and thus diminishes or impairs the utility of the airports and the public investment therein.

Accordingly, it is declared that:

A.

The airport fulfills an essential community purpose;

B.

The creation or establishment of an aviation hazard is a public nuisance and will injure the region served by the airport;

C.

The encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth herein endangers the health, safety, and welfare of the owners, occupants, or users of the land;

D.

It is necessary in the interest of the public health, safety, and general welfare that the creation of aviation hazards be prevented; and

E.

Joint cooperation between all governing boards having jurisdiction within or adjoining the airport hazard areas is encouraged as a mechanism to prevent aviation hazards.

(Ord. 1037, 4-19-2000; amd. Ord. 1040, 7-18-2000; Ord. 1369, 12-18-2019)

See section 9-1-3 of this title for the definitions of the following terms used in this chapter:

Airport.

Airport elevation.

Hazard to air navigation.

Height.

Nonprecision instrument runway.

Person.

Precision instrument runway approach zone.

Primary surface.

Runway.

Visual runway.

(Ord. 1044, 10-18-2000)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones for existing and future planned airport conditions as they apply to the Sandpoint airport. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive limitation. The various zones are hereby established and defined as follows:

A.

Utility Runway Nonprecision Instrument Approach Zones: The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach zone expands outward uniformly to a width of two thousand feet (2,000') at a horizontal distance five thousand feet (5,000') from the primary surface, its center line being the continuation of the center line of the runway.

B.

Transitional Zones: These zones are hereby established as the area beneath the transitional surfaces.

C.

Horizontal Zone: The horizontal zone is hereby established by swinging arcs of five thousand feet (5,000') 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.

D.

Conical Zone: The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from the horizontal distance of four thousand feet (4,000'). The conical zone does not include the precision instrument approach zones and the transitional zones.

E.

Inner Critical Zone (ICZ): Rectangular in shape and centered about the extended runway centerline. The width of the inner critical zone is two thousand feet (2,000') and extends a horizontal distance of five thousand feet (5,000') from each end of the primary surface.

F.

Lateral Safety Zone (LSZ): An area extending one thousand feet (1,000') either side of runway centerline and including the area between the ends of the primary surface(s) used to enhance the protection of people and property on the ground.

G.

Runway Protection Zone (RPZ): The RPZ is an area off each runway end, is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is five hundred feet (500'). The outer width of the RPZ is seven hundred feet (700'). The length of the RPZ is one thousand feet (1,000'), beginning two hundred feet (200') from each end of the runway.

(Ord. 1037, 4-19-2000; amd. Ord. 1369, 12-18-2019)

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 hereby established for each of the zones as follows:

A.

Utility Runway Nonprecision Instrument Approach Zones: Slopes outward twenty feet (20') horizontally for each one foot vertically beginning at the end of and at the same airport elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway center line.

B.

Transitional Zones: Slopes outward seven (7) feet horizontally for each one foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet (150') above the airport elevation, which is two thousand one hundred twenty-seven feet (2,127') above mean sea level. In addition to the foregoing, there are established height limits sloping outward seven feet (7') horizontally for each one foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to the intersection with the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping outward seven feet (7') for each one foot vertically shall be maintained beginning at the sides of and at the same elevation as the approach surface, and extending to a horizontal distance of five thousand feet (5,000') measured at ninety degree (90°) angles to the extended runway center line.

C.

Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of two thousand two hundred seventy-seven feet (2,277') above mean sea level.

D.

Conical Zone: Slopes outward twenty feet (20') horizontally for each one foot vertically beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.

E.

Conflicting Limitations: Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

F.

Excepted Height Limitations: Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to forty-five feet (45') above the surface of the land if all applicable zone height restrictions can otherwise be met.

(Ord. 1037, 4-19-2000)

A.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any overlay 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, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the Sandpoint Airport.

B.

No change shall be made in the use of land and no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone hereby created unless in conformance with this chapter.

C.

No use or structure shall be established that would allow the creation of a "hazard to air navigation", as defined, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than the hazard was on the effective date of this chapter or any amendments thereto.

D.

Rezoning of property within the overlay of the inner critical zone and lateral safety zone after the effective date of this chapter that would allow for any increase in population density, including the allowance of single-family homes, nursing homes, multi-family developments, apartments, condominiums, mobile home parks, schools, libraries, churches, outdoor spectator sports, parks, playgrounds or amphitheaters will not be allowed.

E.

Disclosure Statement: Fair disclosure statement shall be provided to any applicant for conditional use permits, variances, preliminary and final plats, lot line adjustments, planned unit developments or zone changes within the inner critical zone or the lateral safety zone. Further, the fair disclosure statement shall serve to notify prospective buyers of property near airports that subject property is subject to the provisions of this chapter and lies within the inner critical zone or the lateral safety zone and under the Airport's FAR Part 77 Airspace. As such, it may be necessary to clear and keep clear the airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects. The fair disclosure statement shall also notify applicant for permit or prospective buyers that they may be exposed to potentially impactive levels of aircraft overflight, including, but not limited to, noise, vibration, fumes, dust, fuel or fuel particles, and other effects that may be caused by normal aircraft operations in and around airports. Before a permit shall issue, the applicant shall sign the fair disclosure statement and the fair disclosure statement will be recorded in the deed records of the county. Upon the applicant's refusal, the city shall acknowledge that the applicant was made aware of the above-described impacts. Such statement shall be recorded in the deed records of the county. Nothing stated herein is meant to provide pilots, crews, owners of aircraft, or any other person protection from liability for negligence committed on their part.

F.

Within The Runway Protection Zone (RPZ): Notwithstanding nonconforming structures in existence on the effective date of this chapter, uses allowed in this zone are limited to cropland and open space.

(Ord. 1037, 4-19-2000; amd. Ord. 1040, 7-18-2000; Ord. 1369, 12-18-2019)

A.

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 of this chapter, or otherwise interfere with the continuance of a 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 chapter, and is diligently pursued. Provided further, that nothing contained herein shall restrict or otherwise interfere with the use of North Boyer Avenue by vehicular traffic.

B.

Notwithstanding the preceding provision of this section, the owner of any existing, nonconforming structure shall not object to the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Bonner County Commissioners and subsequently required by the Sandpoint Planning Commission to indicate the presence of such airport hazards to the operators of aircraft in the vicinity of the airport. Notice of intent to require markers and lights on any nonconforming structure shall be provided to the property owner by the Bonner County Commissioners. Such markers and lights shall also be installed and maintained at the expense of the Bonner County Commissioners.

1.

The owner of any existing nonconforming tree(s) located off airport property shall negotiate, when requested, with the Bonner County Commissioners to mitigate said airport hazard by one or any combination of the following means:

a.

Voluntary removal of the tree(s) by the property owner.

b.

Removal of the tree(s) by the Bonner County Commissioners, upon purchase of said tree(s) and/or land containing said tree(s).

c.

Purchase of a navigation easement by the Bonner County Commissioners for the purposes of preventing airport obstructions through means determined necessary by the Bonner County Commissioners.

d.

Marking and lighting of the tree(s) by the Bonner County Commissioners to indicate the presence of such obstacles to the operators of aircraft.

2.

Grant funding should be investigated to accomplish any of the above options. Any nonconforming tree(s) on Sandpoint Airport property shall be removed upon the recommendation of the Federal Aviation Administration.

C.

Nonconforming uses are subject to the provisions for nonconforming uses as set forth generally in this chapter.

(Ord. 1037, 4-19-2000)

A.

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 planning 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. Additionally, no application for variance to the requirements of this chapter may be considered by the planning commission unless a copy of the application has been furnished to the Sandpoint Airport Board for advice as to the aeronautical effects of the variance. If the Airport Board does not respond to the application within fifteen (15) days after receipt, the planning commission may act on its own to grant or deny said application.

B.

However, a tree or structure of less than forty-five feet (45') of vertical height above the ground is permitted in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet (4,200') from each end of the runway except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

C.

Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstance, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain thereon such markers and lights as may be deemed necessary by the Bonner County Airport Commission or other appropriate agencies as necessary to indicate to pilots the presence of a "hazard to air navigation", as defined.

D.

Variance applications required by this Chapter are to be submitted by applicant to the Bonner County Airport Commission for its review and recommendation, and subsequently to the Sandpoint Planning Department for review by the:

1.

Federal Aviation Administration for review and recommendation;

2.

Other appropriate agencies as necessary; and

3.

Sandpoint Planning Commission for its review and final decision.

(Ord. 1037, 4-19-2000; amd. Ord. 1040, 7-18-2000)

Where 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 land or any other matter, the more stringent limitation or requirement shall apply.

(Ord. 1037, 4-19-2000)

Any person aggrieved, or any taxpayer affected, by any decision of the planning commission in the administration of this chapter, may appeal to the city council in accordance with the procedures noted in Section 9-9-10 of this Title.

(Ord. 1037, 4-19-2000)

Pursuant to section 9-14-2 of this title, the official zoning map of the city is hereby amended as shown on the hereby adopted official supplement zoning map on file in the office of the city clerk.

(Ord. 1037, 4-19-2000)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished in accordance with the provisions of section 1-4-1 of this code, and a separate offense shall be deemed to be committed for each day during or which a violation occurs or continues.

(Ord. 1037, 4-19-2000)