The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aircraft operation area means any area, as identified on an official map, used or intended for use for the parking, taxiing, takeoff, landing or other ground-based aircraft activity.

Airport means the Stillwater Regional Airport.

Airport elevation means 986 feet above mean sea level.

Airport hazard means any structure or object of natural growth located on or in the vicinity of the airport, or any use of land near the airport, that obstructs the airspace used by aircraft in landing or takeoff at the airport.

Airport hazard zone means a supplemental district which delineates one or more areas within which special height and light restrictions are in effect to prevent airport hazards.

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 23-401(e). In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Conical surface means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Federal Aviation Administration (FAA) means the United States Department of Transportation agency responsible for regulating aviation and airport operations.

Hazard area means an area of the city which is subject to special development regulations due to its location with regard to the airport and/or the floodplain.

Hazard to air navigation means an obstruction determined to have a substantial adverse affect on the safe and efficient utilization of the navigable airspace.

Horizontal surface means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

Larger than utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

Nonprecision 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 nonprecision instrument approach procedure has been approved or planned.

Precision instrument runway means a runway having an existing instrument approach procedure utilizing:

(1)

An instrument landing system (ILS);

(2)

A microwave landing system (MLS); or

(3)

A precision approach radar (PAR).

It also means a runway for which a precision approach system is planned and is so indicated on an approved layout plan or any other planning document.

Primary surface means 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. The width of the primary surface is set forth in section 23-401(d). 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 an airport prepared for landing and takeoff of aircraft along its length.

Transitional surfaces means the surfaces that extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven 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.

Utility runway means a runway that is constructed for and intended to be used by propeller driven aircraft of 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. No. 3023, § 1(23.400), 3-3-2008)

(a)

Administration and enforcement. The building official for the city is hereby appointed to administer and enforce the provisions of this article.

(b)

Applicability. No structure or tree shall be erected, nor any use commenced on any land lying beneath the approach, transitional, horizontal, and conical surfaces applicable to the Stillwater Regional Airport except as permitted under the provisions of this article.

(c)

Airport zone supplemental district. There is hereby established a supplemental overlay district, designated AZ for all property in the city which falls within the airport zones established in subsection (d) of this section. The boundaries of this zone are taken from the Stillwater Regional Airport zoning map and shown on the official zoning map for the city.

(d)

Airport zones. In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the approach, transitional, horizontal, and conical surfaces applicable to the city municipal airport. Such zones are shown on the city municipal airport zoning map. An area located in more than one of the following zones shall be considered within that zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1)

Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2)

Runway larger than utility with a visibility minimum as low as three-quarter-mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(4)

Transition zones. Transition zones are hereby established as the areas adjacent to each instrument and noninstrument runway and approach zone as indicated on the airport zoning maps.

(5)

Horizontal zone for instrument and on-instrument runway. This zone is hereby established by swinging arcs of 5,000 feet radii for all noninstrument runways and 10,000 feet for all instrument runways 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. This does not include the approach or transitional zones.

(6)

Conical zone for instrument and noninstrument runway. The area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. The conical zone does not include the instrument and noninstrument approach zones, transition zones, or horizontal zone.

(e)

Height limitations. Except as otherwise provided in this chapter, no structures shall be erected, altered, or maintained, and no trees shall be allowed to grow in any zone created by this article to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1)

Precision instrument runway approach zone. Slopes 50 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; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(2)

Runway larger than utility with a visibility minimum as low as three-quarter-mile nonprecision instrument approach zone. Slopes 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.

(3)

Utility runway visual approach zone. Slopes 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.

(4)

Transition zone. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary 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 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. Further, where the precision instrument runway approach zone projects through and beyond the conical zone, 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 a horizontal distance of 5,000 feet from the edge of the instrument approach zone measured at right angles to the extended runway centerline.

(5)

Horizontal zone. Established at 150 feet above the established airport elevation.

(6)

Conical zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(7)

Excepted height limitation. Nothing in this subsection shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

(f)

Use limitations. Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communications 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, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of any aircraft intending to use the airport.

(g)

Nonconforming uses. Uses located within the area covered by the provisions of these regulations and existing prior to the effective date of the ordinance from which this article is derived, shall be subject to the following requirements:

(1)

Regulations not retroactive. The regulations prescribed in this article 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 the ordinance from which this article is derived, 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 the ordinance from which this article is derived, 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 hereon of such markers and lights as shall be deemed necessary by the Stillwater Regional Airport Authority 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 city.

(h)

Permits. Permits shall be required for the erection of any structure or tree within the area covered by the following regulations:

(1)

Future uses. Except as specifically provided in subsections (a), (b) and (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 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 article shall be granted unless a variance has been approved in as provided in this chapter. Nothing contained in any of the following 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 article except as set forth in subsection (e)(7) of this section.

a.

In the area lying within the limits of the horizontal and conical zones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

b.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 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.

c.

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 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.

(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 from which this article is derived 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 deter mines that a nonconforming tree or structure has been abandoned or more than 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 article, may apply to the board of adjustment for a variance from such regulations. The application for a 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 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 article.

(5)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article 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 board of adjustment, this condition may be modified to require the owner to permit the city, at its own expense, to install, operate and maintain the necessary markings and lights.

(Ord. No. 3023, § 1(23.401), 3-3-2008)