It is hereby found that an airport hazard endangers the lives and property of users in the Ogden municipal airport and Hill air force base and of occupants of land or to property in its vicinity, and also that if in effect it reduces the size of the area available for the landing, taking off and maneuvering of aircraft, it tends to destroy or impair the utility of the Ogden municipal airport and Hill air force base and public investment therein. Accordingly, it is declared that: a) the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Ogden municipal airport and Hill air force base; b) it is necessary in the interest of public health, public safety and general welfare that the creation or establishment of an airport hazard be prevented; and c) the prevention of those hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention of, the creation or establishment of, airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interest in land. (Ord. 673, 1-8-1980)

In order to carry out the provisions of this title, there are hereby created and established certain height limiting zones, which include all the land lying within the instrument approach zones, noninstrument approach zones, transition zones, horizontal zones and conical zones. Such zones are shown on the South Ogden City airport zoning map and made part of this chapter by reference, and made a part hereof to the same extent as if said map and the information thereof were fully described and set forth herein. The various height limiting zones are hereby established and defined as follows:

1. Instrument Approach Zone:
   1. An instrument approach zone is established at each end of the instrument runaway for instrument landings and takeoffs. The instrument approach zone shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond each end of the runway, its center line being the continuation of the center line of the runway.
   2. The instrument approach zone shall rise one foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the center line elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred feet (10,200') from the end of the runway; thence one foot (1') in height for each forty feet (40') in horizontal distance to a point fifty thousand two hundred feet (50,200') from the end of the runway.
2. Noninstrument Approach Zone: A noninstrument approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach zone shall have a width of four hundred feet (400') at a distance of two hundred feet (200') beyond each end of the runway; widening thereafter uniformly to a width of two thousand four hundred feet (2,400') at a distance of ten thousand two hundred feet (10,200') beyond each end of the runway. The noninstrument approach zone shall rise one foot (1') in height for each thirty four feet (34') in horizontal distance beginning at a point two hundred feet (200') from and at the center line elevation of the noninstrument runway and extending to a point ten thousand two hundred feet (10,200') from the end of the runway.
3. Transition Zone: Transition zones are hereby established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred feet (200') on either side of the center line of the noninstrument runway, for the length of such runway, plus two hundred feet (200') on each end, and are parallel and level with such runway center lines. The transition zone along such runway slopes upward and outward one foot (1') vertically for each seven feet (7') horizontally to the point where it intersects the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zone. These transition zones have variable widths, as shown on the airport zoning map. Such transition zone flares symmetrically with either side of the runway approach zone from the base of such zone and slope upward and outward at the rate of one foot (1') vertically for each seven feet (7') horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone, extending a distance of five thousand feet (5,000') measured from the edge of the instrument approach zone at right angles to the continuation of the center line of the runway.
4. Horizontal Zone: A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of eleven thousand five hundred feet (11,500') at one hundred fifty feet (150') above the airport elevation or a height of four thousand six hundred five feet (4,605') above mean sea level. The horizontal zone does not include the instrument and noninstrument approach zone and the transition zone.
5. Conical Zone: A conical zone is hereby established as the area that commences at the periphery of the horizontal zones and extends outward therefrom a distance of seven thousand feet (7,000'). The conical zone does not include the instrument and noninstrument approach zone and transition zone. The conical zone shall rise one foot (1') in height for each twenty feet (20') in horizontal distance beginning at the periphery of the horizontal zone, extending to a height of five hundred feet (500') above the airport elevation. (Ord. 673, 1-8-1980)

Notes

See also section 10-5-2 of this title.

Except as otherwise provided in this title, no structure or tree shall be erected, altered, allowed to grow or maintained in any height limiting zone created by this title to a height in excess of the height limit herein established for each of the zones in question as follows:

1. Instrument Approach Zone: One foot (1') in height for each fifty feet (50') in horizontal distance beginning at a point two hundred feet (200') from and at the center line elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred feet (10,200') from the end of the runway; thence one foot (1') in height for each forty feet (40') in horizontal distance to a point fifty thousand two hundred feet (50,200') from the end of the runway.
2. Noninstrument Approach Zone: One foot (1') in height for each thirty four feet (34') from and at the center line elevation of the end of noninstrument runway and extending to a point ten thousand two hundred feet (10,200') from the end of the runway. (Ord. 673, 1-8-1980)
3. Transition Zone: One foot (1') in height for each seven feet (7') in horizontal distance beginning at any point two hundred feet (200') normal to and at the elevation of the center line of noninstrument runways extending two hundred feet (200') beyond each end thereof, and five hundred feet (500') normal to and at the elevation of the center line of the instrument runway, 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 four thousand six hundred five feet (4,605') above mean sea level. In addition, 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 zone and extending upward and outward to the points where they intersect and project through and beyond the conical zone, a height limit of one foot (1') for each seven feet (7') of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet (5,000') from the edge of the instrument approach zone measured normal to the center line of the runway extended. (Ord. 673, 1-8-1980; amd. 2001 Code)
4. Horizontal Zone: One hundred fifty feet (150') above the airport elevation or a height of four thousand six hundred five feet (4,605') above mean sea level.
5. Conical Zone: One hundred fifty feet (150') above the airport elevation or a height of four thousand six hundred five feet (4,605') above mean sea level.
6. Existing Height Limitations: Nothing in this title shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height consistent with the terms of this chapter.
7. Most Restrictive Limitation Prevails: Where a zone is covered by more than one height limitation, the more restrictive limitations shall prevail. (Ord. 673, 1-8-1980)
   

1. Notwithstanding any other provisions of this title, no use may be made of land within any height limiting zone established by this title in such a manner as to do any of the following:
   1. Create electrical interference with radio communication between the airport and aircraft;
   2. Make it difficult for pilots to distinguish between airport lights and other lights;
   3. Result in glare in the eyes of pilots using the airport;
   4. Impair visibility in the vicinity of the airport; or
   5. Otherwise endanger the landing, taking off or maneuvering of aircraft.
2. Notwithstanding any other provisions of this title, no places of public assembly, including, but without limitation, apartments, barracks, churches, hospitals, hotels, mobile home parks, motels, multiple-family dwellings, recreational vehicle parks, schools and theaters, shall be erected or otherwise located within any of the areas established as an approach zone by this title for a distance of ten thousand two hundred feet (10,200') from the end of the runway. (Ord. 673, 1-8-1980)
   

1. Regulations Not Retroactive: The regulations prescribed by this title shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date hereof or otherwise interfere with the continuation of any nonconforming use. Nothing herein contained shall require any change in the construction or alteration of which was begun prior to the effective date hereof and is diligently prosecuted.
2. Marking And Lighting: Notwithstanding the provisions of section 10-18-6 of this chapter, 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 airport manager to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the property owner involved. (Ord. 673, 1-8-1980)
   

1. Future Uses:
   1. Except as specifically provided in subsection A3 of this section, no material change shall be made in the use of the land and no structure or tree shall be erected, altered, planted or otherwise established in any area hereby created unless a permit thereof shall have been applied for and granted by the city council. 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.
   2. If such determination is in the affirmative, the permit shall be granted:
      1. In the territory 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 topography features such tree or structure would extend above the height limits prescribed for such zone.
      2. In the territories lying within the limits of the instrument and noninstrument approach zone, 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 limits prescribed for such instrument or noninstrument approach.
      3. In the territories within the limits of the transition zone 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 limit prescribed for such transition area.
   3. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this title, except as set forth in section 10-18-3 of this chapter.
2. 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 a permit shall be granted.
3. Nonconforming Uses Abandoned Or Destroyed: Whenever the building official determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable 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 his property not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment 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 title.
5. Hazard Marking And Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this title and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at his own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of any airport hazard. (Ord. 673, 1-8-1980)
   

Where there exists a conflict between any of the regulations or limitations prescribed in this title or any other regulations applicable to the same zone, 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. 673, 1-8-1980)