This chapter is adopted pursuant to the authority conferred by the Airport Zoning Act, 3 O.S. § § 101 et seq., 1991 (the "Act"). It is hereby found that an airport hazard endangers the lives and property of users of Watonga Municipal Airport, and property or occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of Watonga Municipal Airport and the public investment therein. Accordingly, it is hereby declared:

1.

That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by Watonga Municipal Airport;

2.

That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and

3.

That the prevention of these airport hazards or obstructions 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 the marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds and acquire land or property interests therein.

(Ord. No. 540, 10-6-1998)

Airport means Watonga Municipal Airport.

Airport elevation means the highest point of an airport's usable landing area measured in feet from sea level. Watonga Municipal Airport has an elevation of 1,551 feet above mean sea level (MSL).

Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at Watonga Municipal Airport or is otherwise hazardous to such landing or taking off of aircraft.

Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.

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 12-604 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones means the zones as set forth in section 12-603 of this chapter.

Board of Adjustment means a board consisting of five members appointed by the City of Watonga as provided by the laws of the State of Oklahoma.

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

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

Height means, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

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.

Nonconforming use means any pre-existing structure, object of natural growth, or use of land that is inconsistent with the provisions of this chapter or an amendment hereto.

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.

Obstruction means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 12-604 of this chapter.

Person means an individual, firm, partnership, corporation, company, association joint stock association, or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

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; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in section 12-603 of this chapter. 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.

Structure means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

Transitional surfaces means surfaces which 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 non-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.

Tree means any object of natural growth.

Zoning Administrator means any City employee as may be so designated by the Watonga City Council.

(Ord. No. 540, 10-6-1998)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Watonga Municipal Airport, such zones are shown on the Watonga Municipal Airport Zoning Map consisting of one sheet prepared by Leard Bice Reeder, Inc., and dated August 1997, and hereby expressly incorporated herein and made a part hereof. At least one copy of said map shall be located at the office of the City Clerk of the City of Watonga. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

1.

Runway larger than utility with a visibility minimum greater than three-quarter percent mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

2.

Transitional zones. The transitional zones are the areas beneath the transitional surfaces.

3.

Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others 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. The horizontal zone does not include the approach and transitional zones.

4.

Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(Ord. No. 540, 10/6/98)

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

1.

Runway larger than utility with a visibility minimum greater than three-quarter percent 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.

2.

Transitional zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,551 feet above mean sea level. 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. Where the precision instrument runway approach zone projects beyond the Conical Zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degrees angles to the extended runway centerline.

3.

Horizontal zone. Established at 150 feet above the airport elevation or at a height of 1,701 feet above mean sea level.

4.

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

5.

Excepted height limitations. Nothing in this chapter 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.

(Ord. No. 540, 10-6-1998)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such manner as to create electrical interference with navigational signals or radio communication 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 aircraft intending to use the airport.

(Ord. No. 540, 10-6-1998)

1.

Regulations not retroactive. The regulations prescribed in this chapter 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 this chapter, 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 this chapter, 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 thereon of such markers and lights as shall be deemed necessary by the Zoning Administrator to indicate 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 of Watonga.

(Ord. No. 540, 10-6-1998)

1.

Future uses. Except as specifically provided in a., b., and c. hereunder, 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 upon the prior payment of the appropriate permit fees to be established from time to time. Each application fora 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 chapter shall be granted unless a variance has been approved in accordance with section 12-607(4).

a.

In the areas lying within the limits of the horizontal zone 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 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 around, 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, topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing 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 chapter except as set forth in section 12-604(5).

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 this chapter 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 Zoning Administrator determines 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 chapter, may apply to the Board of Adjustment or a variance from such regulations. The application for 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 a 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 be an airport hazard or create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Zoning Administrator for advice as to the aeronautical effects of the variance. If the Zoning Administrator does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.

5.

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter 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 of Watonga at its own expense to install, operate, and maintain the necessary markings and light.

(Ord. No. 540, 10-6-1998)

1.

It shall be the duty of the Zoning Administrator to administer and enforce the regulations as prescribed herein. Applications for permits and variances shall be made to the Zoning Administrator upon a form created for that purpose. Applications required by this chapter to be submitted to the Zoning Administrator shall be promptly considered and granted or denied. Application for action by the forthwith transmitted by the Zoning Administrator.

2.

The Building Inspector of the City of Watonga shall be the airport Zoning Administrator.

(Ord. No. 540, 10-6-1998)

1.

A Board of Adjustment has been created to have and exercise the following powers:

a.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this chapter;

b.

To hear and decide special exceptions to the terms of this chapter upon which such Board of Adjustment under such regulations may be required to pass under this chapter;

c.

To authorize in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done; and

d.

Exceptions and/or variances may only be allowed by the Board of Adjustment only after notice and hearing as provided in 11 O.S. § 44-108, 1991.

2.

The City of Watonga Board of Adjustment shall be appointed as the Board of Adjustment for purposes of this chapter.

3.

The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter, applicable City ordinances, the Oklahoma Open Meetings Act and the Oklahoma Open Records Act. Meetings of the Board of Adjustment shall be public and held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson or, in the absence of the Chairperson, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each questions; 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 Zoning Administrator and on due cause shown.

4.

The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which properly comes before it under the provisions of this chapter.

5.

The concurring vote of three members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator made in the administration of this chapter, may appeal to the Board of Adjustment.

(Ord. No. 540, 10-6-1998)

1.

Any person aggrieved, or any taxpayer affected, by any decision of the Zoning Administrator made in the administration of this chapter, may appeal to the Board of Adjustment.

2.

All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.

3.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the Zoning Administrator, cause imminent peril of life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment or notice to the Zoning Administrator and on due cause shown.

4.

The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

5.

The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.

(Ord. No. 540, 10-6-1998)

Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, who is of the opinion that a decision of the Board of Adjustment is illegal, may appeal to the District Court of Blaine County, Oklahoma, in the manner as provided in 3 O.S. § 111, 1991.

(Ord. No. 540, 10-6-1998)

Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than $200.00 and each day a violation continues to exist shall constitute a separate offense. In addition, the City may institute an action to prevent, restrain, correct or abate any violation of this chapter or of any order or ruling made in connection with the administration or enforcement thereof, in any court of competent jurisdiction.

(Ord. No. 540, 10-6-1998)