Vernal City Zoning Code

The following regulations are established to avoid or lessen hazards resulting from aircraft operations, avoid creation of new hazards, protect the lives of people using aircraft facilities, ensure compliance with UCA72-10-403 facilities and14 C.F.R. Part 77, andto provide for land uses that are compatible with safe aircraft operations. (Ord. 2008-13, Add, 07/16/2008)

For the purpose of this chapter and this section, the following terms shall have the following meaning:

“Airport” means any area of land or water designed and set aside for the landing and takeoff of aircraft and utilized or to be utilized in the interest of the public for these purposes.

“Hazard” means any structure, tree or use of land which obstructs the airspace required for the flight of aircraft in landing or takeoff at an airport or is otherwise hazardous to the landing or takeoff of aircraft.

“Structure” means any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks and overhead transmission lines.

“Tree” means any object of natural growth. (Ord. 2008-13, Add, 07/16/2008)

1. The Airport Overlay Zone (AO) is divided into three separate and distinct areas:
   1. Area A. This area extends immediately from the approach and departure ends of all existing runways and is characterized by the low altitude operation of aircraft.
   2. Area B. This area extends from the approach and departure ends of all existing runways beginning at the end of area A and is characterized by the regular operation of aircraft.
   3. Area C. This area includes any land within the defined airport influence area, extending beyond Area A and B, as necessary to ensure compatibility with the safe operation of the airport. The boundaries of the airport influence area shall be defined in accordance with UCA 72-10-403 and updated FAA guidelines.
2. As of 2024 UCA 72-10-403 and updated FAA guidelines define the airport influence area to be five thousand feet (5,000 FT). In effect this shall require every new building within five thousand (5,000') feet from the end of a runway and over thirty-five (35’) feet to be inspected and approved by the Airport Manager or their designee.

(Ord. 2008-13, Add, 07/16/2008)

All proposed developments within the Airport Overlay Zone must comply with the height limits established in Federal Aviation Regulation (FAR) part 77 . No building permit shall be issued without prior approval of an airspace evaluation from the FAA, as required by UCA 72-10-403 and 14 C.F.R. Part 77. (Ord. 2008-13, Add, 07/16/2008)

1. Land uses shall be restricted as follows:
   1. Area A. No structure shall be permitted. No use that could attract wildlife, such as above ground water retention, wetlands or landfills shall be permitted. No storage of hazardous materials shall be permitted. No use that involves the gathering of groups of people shall be permitted. In addition to the existing use restrictions, as a condition of granting a building permit, subdivision plat, or zoning change within Area B, the developer or landowner must grant or sell an avigation easement to the airport owner at fair market value. Written notification must also be provided to the developer or landowner regarding potential aircraft overflights and noise. In addition to the existing use restrictions, as a condition of granting a building permit, subdivision plat, or zoning change within Area A, the developer or landowner must grant or sell an avigation easement to the airport owner at fair market value. Written notification must also be provided to the developer or landowner regarding potential aircraft overflights and noise.
   2. Area C. All land uses allowed by City zoning ordinances shall be permitted, provided they conform with the notification requirements of aircraft overflights and noise impacts, and any development shall be subject to the aviation easement provisions as permitted.
   3. Area B. Churches, hospitals, schools, theatres, stadiums, hotels and motels, manufactured home subdivisions and parks, multifamily apartments, campgrounds and other places of frequent assembly of people shall not be permitted. No use that could attract wildlife, such as above ground water retention, wetlands or landfills shall be permitted. No storage of hazardous materials shall bedeemed necessary by Airport Manager or governing municipality .
2. Notwithstanding any other provisions of this chapter, no uses may be made of land within Vernal City which will create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and other lights, result in glare in the eyes of aviators using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing or taking off of aircraft.
3. Notification of any proposed construction or alteration of existing structures shall be given to the Federal Aviation Administration in accordance with the Federal Aviation Administration’s published requirements.

(Ord. 2008-13, Add, 07/16/2008)

In reviewing any land use application within the Airport Overlay Zone (AO), the City Planning Department and City Council may impose reasonable requirements and conditions designed to ensure compatibility with airport operations. These may include, but are not limited to:

1. Use of the land;
2. Location and height of buildings and structures;
3. Building materials and finishes;
4. Outdoor lighting design and placement;
5. Site signage;
6. Access points and circulation patterns;
7. Fencing requirements;
8. Location and design of utilities (water, sewer, power, gas, and telecom infrastructure);
9. Requirement of aviation easements and fair disclosure statements as a condition for development.

The provisions of this chapter are considered reasonable to achieve the purposes of this title. This chapter does not create a liability on the part of, or a cause of action against, Vernal City or any officer or employee of the city for any damages that may result directly or indirectly from reliance on these regulations.

Vernal City Development shall coordinate with Uintah County to ensure that all land use and zoning decisions within the Airport Overlay Zone (AO) are consistent with the most current adopted airport plan. The City shall review all development applications with consideration of the Federal Aviation Administration (FAA) guidelines and the adopted airport influence areas provided by the airport owner or operator.