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 Western Nebraska Regional Airport, William G. Heilig Field.

   The following definitions shall be used for terms contained in this article that are not otherwise defined.

   AIRPORT. The Western Nebraska Regional Airport, William G. Heilig Field, Scottsbluff, Nebraska.

   AIRPORT ELEVATION. William G. Heilig: 3,944 feet MSL.

   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 Western Nebraska Regional Airport, William G. Heilig Field, or is otherwise hazardous to the operation of aircraft.

   AIRPORT ENCROACHMENT AREA. Any area of land or water upon which an airport hazard might be established if not prevented by this article.

   DEPARTURE LIMIT. The horizontal line perpendicular to the runway centerline, established as the beginning of the usable takeoff runway.

   ELECTRICAL FACILITY. An overhead electrical line, including poles or other supporting structures, owned or operated by an electric supplier as defined in Neb. RS 70-1001.01, for the transmission or distribution of electrical power to the electric supplier’s customers.

   EXISTING RUNWAY. An instrument runway or a visual runway that is paved or made for turf that has been constructed or is under construction.

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

   LANDING THRESHOLD. A horizontal line, perpendicular to the runway centerline, established as the beginning of the usable landing runway.

   LOCATIONS and BOARDERS. Vicinity of the airport located in Sections 16, 17, 20, and 21, Township 22, Range 54, Scotts Bluff County, Nebraska.

   MEAN SEA LEVEL. The United States Coast and Geodetic Survey zero datum plane, abbreviated MSL.

   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 or amendment.

   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.

   POLITICAL SUBDIVISION. Any municipality, city, village, or county.

   PROPOSED RUNWAY. An instrument runway or a visual runway that has not been constructed and is not under construction, but that is depicted on the airport layout plan that has been conditionally or unconditionally approved by, or has been submitted for approval to the Federal Aviation Administration.

   RUNWAY. The portion of the landing area intended for the landing and/or taking off of aircraft.

   STRUCTURE. Any object constructed or installed by human, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines.

   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.

   ZONING REFERENCE POINT. The point of intersection of the centerline of William B. Heilig Field, Runway 12/30 with the centerline of William B. Heilig Field, Runway 5/23.

(Ord. 4173, passed - -2015)

   In order to define the dimensions of the zones established by these regulations, the city hereby adopts the Airport Project No. 3-31-0072-22, Airport Layout Plan, dated May 16, 1994. All subsequent adopted airport layout plans are incorporated by reference.

(Ord. 4173, passed - -2015)

   The airport hazard area shall consist of operation zones, approach zones, turning zones, and transition zones as described in this article.

(Ord. 4173, passed - -2015)

   (A)   The operation zones are longitudinally centered on each existing or proposed runway.

      (1)   Length. For existing and proposed paved runways, the operation zones begin and end 200 feet beyond the end of each runway. For existing and proposed turf runways, the operation zones begin and end at the runway ends.

      (2)   Width. For existing and proposed instrument runways, the operation zones are 1,000 feet

wide, with 500 feet on either side of the runway centerline. For all other existing and proposed runways, the operation zones are 500 feet wide, with 250 feet on either side of the runway centerline.

      (3)   Height. The height limit of the operation zones is the same as the height of the nearest point on an existing or proposed runway or the surface of the ground, whichever is higher.

   (B)   The approach zones extend from the end of each operation zone and are centered along the extended runway centerlines. An approach zones’ dimensions are as follows.

      (1)   Instrument runways.

         (a)   Length and width. The approach zone extends ten miles from the operation zone, measured along the extended runway centerline. The approach zone is 1,000 feet wide at the end of the nearest runway (such as, adjacent to the operation zone) and expands uniformly to 16,840 feet wide at the farthest end of the zone (such as, ten miles from the operation zone).

         (b)   Height limit. The height limit of an approach zone begins at the elevation of the runway end for which it is the approach and rises one foot vertically for every 50 feet horizontally (50:1), except that the height limit shall not exceed 150 feet above the nearest existing or proposed runway end elevation within three miles of the end of the operation zone at the runway end. At three miles from said operation zone, the height limit resumes sloping one-foot vertically for every 50 feet horizontally (50:1) and continues to the ten-mile limit.

      (2)   Visual runways.

         (a)   Length and width. An approach zone extends from the operation zone to the limits of the turning zone, measured along the extended runway centerline. The approach zone is 500 feet wide at the end of the zone nearest the runway (such as, adjacent to the operation zone) and expands uniformly so that at a point on the extended runway centerline three miles from the operation zone, the approach zone is 3,700 feet wide.

         (b)   Height. The highest limit of an approach zone begins at the elevation of the runway and for which it is the approach and rises one-foot vertically for every 40 feet horizontally, except that the height limit shall not exceed 150 feet above the nearest existing or proposed runway and elevation within three miles of the end of the operation zone at the runway end.

   (C)   The transition zones extend outward at a right angle to the runway centerline and upward at a rate of one-foot vertically for every seven feet horizontally (7:1). The height limit of a transition zone begins at the height limit of the adjacent approach zone or operation zone and ends at a height of 150 feet above the highest elevation on the existing or proposed runway.

   (D)   The turning zones are located at a distance of three miles radius from the corners of the operational zone and each runway and conceding adjacent arcs with tangent lines, excluding any area within the operation zone, approach zone, or transition zone. The height limit of the turning zone is 150 feet above the highest elevation on the existing or proposed runway.

(Ord. 4173, passed - -2015)

   No building, transmission line, pole, tower, chimney, wires, or other structure or appurtenance of any kind or character shall hereafter be erected, constructed, repaired, or established, nor shall any tree or other object of natural growth be allowed to grow, above the heights described in § 25-23-5 of this article.

(Ord. 4173, passed - -2015)

   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 eye of air crews using the airport, impair visibility in the vicinity of the airport; or otherwise endanger the landing, taking off, or maneuvering of a aircraft within the zones in this article.

(Ord. 4173, passed - -2015)

   (A)   Continuation of lawful nonconforming uses. Any land use lawfully existing on the effective date of this article 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 article.

   (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% of the replacement cost of the structure, the nonconforming use shall no longer be permitted.

      (2)   Any non conforming tree which has been damaged or decayed to the extent of 50% 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 or longer, 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 article.

(Ord. 4173, passed - -2015)

   The location of various encroachment areas is within the city. It shall be the duty of the city Development Services Department (“Development Services Department”) to enforce this article, and the Development Services Department is appointed the “administrative agency” provided for in Neb. RS 3-319. The Development Services Department shall have all the powers and perform all duties as provided by the Airport Zoning Act.

   (A)   Permit required. It shall hereafter be unlawful to erect, construct, reconstruct, repair, or establish any building, transmission line, pole, tower, chimney, wires, or any other structure or appurtenance within the hazard area without first obtaining a permit from the Development Services Department upon a form furnished by it. Any application shall be promptly considered and granted or denied. Applications for action by the Board of Adjustment shall be transmitted in accordance with the applicable provisions of the airport zoning regulations, appropriate city and/or county ordinances, and/or state law. It shall also be unlawful to plant or replant any tree or other object of natural growth without the necessary permit.

   (B)   Permit exceptions. Within the outer area of the approach zones and within the turning zones, no permit shall be required for any construction or planting that is not higher than 75 feet above the nearest existing or proposed runway end. The repair, reconstruction, or replacement of nonconforming electric facilities will be permitted in compliance with Neb. RS 3-311(3).

   (C)   Location sketch and zoning map. The boundaries, approach zones, operations zone, transition zones, and turning zones of the airport are indicated on the zoning map that accompanies and is made a part of this article by reference. A copy of the airport hazard area zoning regulations shall at all times be on file in the office of the Airport Director located at Western Nebraska Regional Airport.

(Ord. 4173, passed - -2015)

   (A)   Designation of Board of Adjustment. The city Board of Adjustment shall be the Board of Adjustment with respect to this article, and shall have and exercise the powers conferred by Neb. RS 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 made in administration of this article may appeal such decision or action to the Board of Adjustment. Any appeal taken pursuant to this article shall be by the procedure established by law.

   (B)   Powers of the Zoning Board of Adjustment. The Board of Adjustment shall have the following powers:

      (1)   To hear and decide appeals from any order, requirement, or decision made by the Development Services Department in the enforcement of this article;

      (2)   To hear and decide any special exemptions to the terms of this article which the Board of Adjustment may be required to pass under this article; and

      (3)   To hear and decide specific variances under Neb. RS 3-312.

   (C)   Appeal from the decisions of Board of Adjustment. Any person aggrieved or affected by a decision of the Board of Adjustment may appeal to the District Court for the county, in the manner provided in Neb. RS 3-324 et seq.

(Ord. 4173, passed - -2015)