The purpose of this district is to provide an orderly and planned development of the Wadsworth Airport consistent with the development plan.

('65 Code, § 1347.01)

   Uses permitted shall be in conformance with the design zones as shown on the development plan as presently adopted or revised and shall be in the office of the Zoning Inspector, and is made a part hereof as if fully written herein. Uses permitted include:

   (A)   Aircraft hangars.

   (B)   Fixed base operations (aircraft sales and repair).

   (C)   Aircraft tiedown area.

   (D)   Administrative buildings.

   (E)   Other uses clearly incidental to the operation of the airport.

   (F)   Public buildings and facilities.

('65 Code, § 1347.02)

   (A)   Minimum front yard depth: 50 feet from the public right-of-way.

   (B)   Minimum rear yard depth: 25 feet when adjacent to a residential district.

   (C)   Minimum side yard depth: 25 feet when adjacent to a residential district.

   (D)   Height regulations: Any area so shown on the zoning districts map and consisting of the area within 500 feet of all sides of an active runway and extending 1,000 feet from the ends of an active runway, starting at a width of 200 feet and terminating at a width of 500 feet, shall be designated as an airport hazard area and the following regulations shall apply:

      (1)   No structure or object of natural growth shall exceed a height of a line starting at the ends of any active runway and extending at a slope of 30:1 to a distance of 1,000 feet and covering an area from the ends of the runway at a width of 200 feet and terminating at a width of 500 feet at the distance of 1,000 feet.

      (2)   No structures or object of natural growth shall be constructed within 150 feet of an active runway.

      (3)   All structures or objects of natural growth within 500 feet of an active runway shall have a red light attached to their highest point, which light shall be illuminated between sunset and sunrise.

      (4)   In areas within 500 feet of any active runway, a structure exceeding 35 feet in height shall be permitted only upon a finding by the Board Of Zoning Appeals that it does not constitute a menace to safety.

   (E)   Off-street parking: As required in §§ 154.405 through 154.409.

('65 Code, § 1347.03)

   The terms used in this subchapter apply to the Wadsworth Municipal Airport located in the city, and such terms shall have the meanings ascribed to them herein unless the context clearly indicates or requires a different meaning.

   AIRPORT ELEVATION. The elevation of the center point on the usable landing area. The airport elevation of these regulations is established as 972 feet above mean sea level.

   AIRPORT HAZARD. Any structure or object of natural growth or use of land located in the airport hazard area which projects into any of the zones herein described and obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft landing, taking-off or using the airport.

   AIRPORT HAZARD AREA. For Wadsworth Municipal Airport, as determined by the Ohio Division of Aviation, is the area wholly contained within a circle and with its center on the airport reference point and a radius of 10,000 feet.

   AIRPORT ZONING BOARD. The City Council.

   AIRPORT ZONING COMMISSION. The Planning Commission.

   HEIGHT. The purpose of determining the height limits in all zones set forth in these regulations, the datum shall mean sea level elevation unless otherwise specified.

   PLANE. A surface, real or imaginary, in which if any two points are taken, the straight line that joins them lies wholly in that surface.

   REFERENCE POINT. The airport reference point is an established point at the geographical center of the Wadsworth Municipal Airport and shall coincide with the northeast corner of Lot 21, Tract 8 of the original Wadsworth Township.

   RUNWAYS. The paved or unpaved surface of an airport landing strip. The runways described herein are more particularly shown in detail on the map described in § 154.295:

      (1)   INSTRUMENT RUNWAYS. A runway equipped or to be equipped with electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

      (2)   NONINSTRUMENT RUNWAYS. A runway other than an instrument runway.

      (3)   RUNWAY LENGTH. The established length of runway 2-20 is 3,535 feet and runway 10-28 is 2,100 feet.

   STRUCTURE. An object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, steeples, antennas and overhead transmission lines.

   ZONES. The airspace above a plane or conical surface as described in § 154.294(e). There are several types of zones, known as approach zones, transitional zones, horizontal zones and conical zones.

('65 Code, § 1347.04)

   In order to carry out the provisions of this subchapter, there are hereby created and established certain zones within the airport hazard area of the Wadsworth Municipal Airport. The various zones are described as follows:

   (A)   Runway landing areas. All runway landing areas. The runway landing area is a rectangular area symmetrically about the runway center line with an overall width of 200 feet and with its length extending to a line of 100 feet beyond each end of the runway, which line is defined as the landing area end.

   (B)   Approach zones. Instrument approach zones. The approach zone for each end of the instrument runway is the air space above a plane sloping upward and outward from the end of the runway landing area to its outer boundary at the uniform rate of one foot in elevation for each 30 feet measured horizontally along the extended center line of such runway. This plane shall increase in width, at a uniform rate symmetrically about the extended runway center line, from 200 feet at its beginning to 2,200 feet at its outer boundary which, at 10,000 feet above the elevation at the end of the runway.

   (C)   Transitional zones. Transitional zones consist of the air space above planes which slope upward and outward laterally from the sides of the planes forming the base of the approach zones and from the sides of the runway landing areas. These planes shall be contiguous with the sides of the runway landing areas an extending upward and outward at the uniform rate of one foot in elevation for each seven feet in horizontal distances. These planes extend upward and outward until they intersect with the planes forming, respectively the bases of the horizontal and conical zones, which are described in divisions (D) and (E) herein.

   (D)   Horizontal zone. The horizontal zone is the air space above a circular horizontal plane 150 feet above the airport elevation having a radius of 6,600 feet measured horizontally from the airport reference point. The elevation of the horizontal zone is 1,122 O.M.S.L.

   (E)   Conical zone. The conical zone is the air space above a conical surface extending upward and outward at a uniform rate of one foot in elevation for each 20 feet in horizontal distance starting at the circumference of a circle whose radius is 6,600 feet from the airport reference point and an elevation of 150 feet above airport elevation (this being the outer boundary of the plane forming the base of the horizontal zone) and terminating at a radius of 10,000 feet from the airport reference point and at an elevation of 320 feet above the airport elevation.

('65 Code, § 1347.05)

   The official map, entitled the Wadsworth Municipal Airport Zoning Map, showing the Wadsworth Municipal Airport, airport reference point, elevation, runways, zones and heights set forth on such map is made a part hereof and incorporated herein by references. A copy of the map shall be on record in the Zoning Inspector's office.

('65 Code, § 1347.06)

   (A)   Height restrictions. Except as otherwise provided in this chapter, no structures shall be erected, replaced, constructed or altered, nor shall objects of natural growth be permitted to grow to such a height as to project into any of the respective zones described in § 154.294. Where an area is covered by more than one height restriction, the more restrictive limitation shall prevail.

   (B)   Public highways. No public highway shall be located less than 15 feet below the plane of the approach zone.

   (C)   Use restrictions. Notwithstanding any other provisions in this chapter, no use may be made of land under any zone established by this chapter in such a manner as to 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 flyers approaching, leaving or using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft, or in any other manner constituting an airport hazard.

('65 Code, § 1347.07)

   (A)   Hazard areas. Within the airport hazard area no excavations shall be commenced, no wall, structure, building or any part thereof shall be built, constructed or altered, nor shall any structure be moved or object or natural growth permitted, until an application has been made to and the proper permit has been obtained from the Airport Zoning Commission or its duly authorized agent or representatives. The provisions of this section shall not apply to any obstruction or natural growth in an airport hazard area other than the approach zones rising to a height not in excess of 40 feet above the natural grade elevation at the location of the structure or natural growth. The Airport Zoning Commission may grant permits upon such terms and conditions as it shall find to be just and reasonable and with such modifications as it may prescribe.

   (B)   Commercial, retail or service uses.

      (1)   No commercial or business use, such as wholesale or retail sales, aircraft service, repair or sales, shall be commenced until the proper permit has been obtained from the Airport Zoning Commission.

      (2)   Commercial business or service uses may not be located in structures or areas which are not serviced by electrical, sewer, and water utilities.

      (3)   The application must include an estimate of the following information:

         (a)   Type of business.

         (b)   Hours of operation

         (c)   Number of employees.

   (C)   Applications. All applications shall be submitted in triplicate accompanied by accurate plans showing the height above ground, the height above mean sea level and the location of the proposed structure as well as such other information as may be necessary to determine and provide for the enforcement of the regulations within this subchapter. Application forms for permits shall be provided by the City Planning Commission.

   (D)   Application fee. All applications for permits shall be accompanied by the appropriate fee as required in § 154.540.

   (E)   Permits not granted. No permit shall be granted that would allow the establishment or creation of an airport hazard, or permit a nonconforming structure to be made higher or a nonconforming object of natural growth to become a hazard to air navigation in violation of this chapter or applicable state statutes.

   (F)   Violations. Violation provisions shall be as provided in §§ 154.581 through 154.585.

('65 Code, § 1347.08)

   (A)   Regulations not retroactive. This chapter shall not apply to existing structures or objects of natural growth so as to require the removal, lowering or other changes or alteration of any such structure or object of natural growth. However, no nonconforming structure shall be made higher nor shall any nonconforming object of natural growth be allowed to become a greater hazard than it is at the time these regulations are adopted. If any nonconforming structure or object of natural growth which is hereafter damaged by any means to an extent exceeding 50% of its then reproduction value may not be restored or reconstructed to a height greater than permitted under the provisions of these regulations.

   (B)   Marking and lighting. Notwithstanding division (A) hereof, the owner of any nonconforming structure or object of natural growth is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Agency 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 city.

('65 Code, § 1347.09)

   The Wadsworth City Zoning Board of Appeals is designated as the Airport Zoning Board of Appeals.

   (A)   Powers.

      (1)   To adopt rules governing the organization of the Board of Appeals, its proceedings and to regulate the mode and manner of conducting hearings. All hearings shall be public.

      (2)   To hear and decide appeals, filed pursuant to R.C. § 4563.18, from any order, requirement, decision or determination made by the Airport Zoning Commission in the enforcement of the airport zoning regulations as provided in R.C. §§ 4563.11 and 4563.12.

      (3)   To hear and allow, refuse or allow with modifications or conditions, any variance from the terms of the airport zoning regulations which the Airport Zoning Commission may be authorized to pass upon pursuant to such regulations.

      (4)   To hear and decide specific variances under R.C. § 4563.16. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board of Appeals and shall be a public record.

   (B)   Actions. The Board of Zoning Appeals, by a majority vote of its members, may affirm, reverse or modify an order, requirements, decision or determination of the Planning Commission, in accordance with law.

   (C)   Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the increase in height of any object of natural growth, or otherwise use his property in any manner in conflict with airport zoning regulations adopted under R.C. §§ 4563.01 to 4563.21, inclusive, may apply to the Board of Appeals for a variance from the zoning regulations in question. Such variance shall be allowed where a literal application or enforcement of the regulations would result in unnecessary hardship and the relief granted would not be contrary to the public interest or create conditions dangerous to the safety of the aircraft using the airport, but would do substantial justice and would not be in conflict with factors set down for consideration in R.C. §§ 4563.07 and 4563.08. The Board of Appeals may subject any variance to any reasonable conditions that they deem necessary.

('65 Code, § 1347.10)

   Any person shall have the right to appeal as provided by R.C. § 4563.19.

('65 Code, § 1347.11)

   (A)   Changes. Amendments, changes, or supplements to the regulations contained in this chapter may be initiated by the Planning Commission on its own motion by majority vote of its members, or by filing an application therefor by any person. Upon the adoption of such motion, or the filing of such application, the Airport Zoning Board shall set a date for public hearing thereon, and such Board shall proceed in the same manner, insofar as applicable, as set forth in R.C. §§ 4563.05 and 4563.06.

   (B)   Conflicting regulations. 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 of the requirement shall govern and prevail.

('65 Code, § 1347.12)