The council finds that the Wetumpka Municipal Airport fulfills an essential community purpose. It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; or marking and lighting of obstructions are public purposes for which a city may raise and expend public funds and acquire land or interests in land.

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:

Airport means the Wetumpka Municipal Airport.

Airport elevation means 197.0 feet above mean sea level.

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 86-395. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal and conical zones means those zones set forth in section 86-35.

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.

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 and shown on the zoning map, the datum that 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.

Nonconforming use means any preexisting structure on the effective date of the ordinance from which this article is derived, object of natural growth, or use of land which is inconsistent with the provisions of this article.

Non-precision-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 non-precision-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 86-395.

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

Primary surface means a surface longitudinally centered on the runway. The primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is set forth in section 86-35. 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 formation and overhead transmission lines.

Transitional surfaces means 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.

Tree means any object of natural growth.

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. No. 97-2, § 2, 2-17-1997)

Cross reference— Definitions generally, § 1-2.

Each violation of this article or of any regulation, order or ruling promulgated under this article shall constitute a misdemeanor and be punishable as provided in section 1-9.

(Ord. No. 97-2, § 11, 2-17-1997)

It shall be the duty of the building inspector to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the building inspector upon a form published for that purpose. Applications required by this article to be submitted to the building inspector shall be promptly considered and granted or denied. Applications for appeals shall be forthwith transmitted by the building inspector to the building board of adjustments.

(Ord. No. 97-2, § 8, 2-17-1997)

(a)

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

(1)

The 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.

(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 extend to a height of 347.0 feet above mean sea level, which is 150 feet above the airport elevation.

(3)

The horizontal zone is established at 150 feet above the airport elevation of 197.0 feet, which is 347.0 feet above mean sea level (MSL).

(4)

The 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.

(b)

Nothing in this article 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. 97-2, § 4, 2-17-1997)

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 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. 97-2, § 5, 2-17-1997)

(a)

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 in this article 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.

(b)

Marking and lighting. Notwithstanding subsection (a) of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance on the structure or tree of such markers and lights as shall be deemed necessary by the building inspector 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.

(Ord. No. 97-2, § 6, 2-17-1997)

(a)

Future uses. Except as specifically provided in subsection (a)(1), (2) and (3) 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 unless a permit 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 prescribed in this section. 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 accordance with subsection (d).

(1)

In the area lying within the limits 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, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(2)

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.

(3)

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.

Nothing contained in any of these exceptions shall be construed as permitting or intending to permit any construction, 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 section 86-395.

(b)

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 than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed. Whenever the building inspector 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.

(d)

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 building inspector for 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 create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the building inspector unless a copy of the application has been furnished to the airport board for advice as to the aeronautical effects of the variance. If the airport board does not respond to the application within 15 days after receipt, the building inspector may act on his own to grant or deny the application.

(e)

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 building board of adjustments and appeals, 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. 97-2, § 7, 2-17-1997)

(a)

Any person aggrieved or any taxpayer affected by any decision of the building inspector made in the administration of this article may appeal to the building board of adjustments and appeals.

(b)

All appeals under this section must be taken within a ten-day period by filing with the building inspector a notice of appeal specifying the grounds of appeal. The building inspector shall forthwith transmit to the building board of adjustments and appeals all the papers constituting the record upon which the action appealed from was taken.

(c)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the building board of adjustments and appeals, 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 building inspector, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the building board of adjustments and appeals or notice to the building inspector and on due cause shown.

(d)

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

(e)

The building board of adjustments and appeals may, in conformity with the provisions of this article, 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. 97-2, § 9, 2-17-1997)

Any person aggrieved, or any taxpayer affected, by any decision of the building board of adjustments and appeals, may appeal to the circuit court as provided by law.

(Ord. No. 97-2, § 10, 2-17-1997)