The airport influence district may overlay any other zoning district. Permitted uses within the respective zoning district are allowed except as they may be restricted or prohibited by the airport influence district. The purpose and intent of the regulations contained in this chapter shall be to:

A.

Minimize the danger to public health and safety or to property to hazardous areas around the airports;

B.

Discourage traffic congestion, incompatibility of uses, expansion of demand for government services beyond the reasonable capacity of the community or area to provide such services as determined by local government;

C.

Avoid danger to public safety and health or to property due to aircraft crashes and traffic congestion.

(Ord. 4-2001 § 10, 2001)

The following words shall have the following meanings:

Airport: The existing Yuma Municipal Airport.

Airport Area of Influence: That area upon which this regulation applies as shown on the map in section 17.12.1210 of this chapter.

Airport Elevation: 4,136 feet mean sea level.

Airport Hazard: Any structure or object or natural growth located on or in the vicinity of the airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at the airport or is otherwise hazardous to such landing or takeoff of aircraft.

Airport Height Surfaces: Imaginary surfaces designed by the Federal Aviation Administration to control the height of objects, both natural and manmade, which may affect navigable airspace around an airport, defined in section 17.12.1207 of this chapter.

Approach and Transitional Surfaces: The imaginary surfaces applying to the area under the approach and transitional defined in section 17.12.1207 of this chapter.

Height: For the purpose of determining the height limits in all surfaces set forth in this chapter and shown on the airport influence area map, means the datum being the equivalent of mean sea level elevation, unless otherwise specified.

Nonconforming Use: Any preexisting structure or object of natural growth which is inconsistent with the provisions of this chapter or any amendment thereto.

Primary Surface: A surface longitudinally centered on a runway and extending 200 feet beyond the end of that runway. The width of the primary surface of the runway is 250 feet.

Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Setback: An area shown on the airport zoning map and described as a 15-foot setback off of the property lines on Flagstaff Street from north to the south lot lines of lots 3 and 4.

Structure: An object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, earth formations, and overhead transmission lines.

Tree: Any object of natural growth.

Use:

Compatible Use: A use which is presumed to be compatible for the zone in which it is proposed and may be permitted pursuant to the permit provisions of this title. A compatible use shall not be regarded as a use by right.

Conditional Use: A use granted by virtue of chapter 17.05 of this title.

Incompatible Use: A use which shall not be permitted in the airport zone where it is proposed.

Utility Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures with no straight in instrument designated indicated on the FAA approved airport layout plan, or by any planning document submitted to the FAA by competent authority.

(Ord. 4-2001 § 10, 2001)

A.

No structure shall be erected, altered or maintained and no tree shall be allowed to grow or be maintained above the following imaginary surfaces:

1.

Visual approach surface. Slopes upward 20 feet horizontally for each foot vertically, beginning at the end of and at the same elevation (4,136 feet MSL) as the primary surface and extending to an elevation of 4,287 feet MSL.

2.

Transitional surface. Slopes upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach surfaces, to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides and at the same elevation as the approach surfaces, and extending to an elevation of 4,286 feet MSL.

B.

Notwithstanding any other provisions of this regulation, no use may be made, or activity carried on, on any land or water located within any surface established by this title in such a manner as to:

1.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

2.

Make it difficult for pilots to distinguish between airport lights and other lighting;

3.

Result in glare in the eyes of pilots using the airport;

4.

Impair visibility in the vicinity of the airport; or

5.

Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport including any structure, including towers, stacks or dirt piles over 35 feet in height above 4,136 feet MSL, including the setback requirements as stated in the definitions section of this chapter.

C.

In order to carry out the provisions of these regulations, the area around the Yuma Airport is defined as the following basin zones:

1.

Visual approach surface zone. As shown on the airport influence area map, a trapezoidal area beginning at the end of the primary surface with the lateral width of 250 feet at all runways, and:

a.

Extending 3,000 feet horizontally in length and flaring to a dimension of 850 feet in lateral width at runway 12 at the Yuma Municipal Airport;

b.

Extending 3,080 feet horizontally in length and flaring to a dimension of 884 feet in lateral width at runway 17 at the Yuma Municipal Airport.

2.

Transitional surface zone. As shown on the air influence area map and described as those ground surface areas lying under the imaginary surface explained in section 17.12.1207 of this chapter.

(Ord. 4-2001 § 10, 2001)

These regulations shall apply to development in the airport influence area as zoned in this title.

(Ord. 4-2001 § 10, 2001)

The provisions of these regulations shall not apply to any nonconforming use existing on the date the area is zoned or subjected to regulations of the airport influence district; provided, that when the nonconforming use is discontinued for a period of six months or the nonconforming structure is destroyed or damaged to the extent of over 50 percent of the appraised value of the nonconforming structure, any reuse, reconstruction or replacement shall be deemed a new use and shall be subject to the applicable provisions of this title.

(Ord. 4-2001 § 10, 2001)

A.

Nothing in these regulations shall be construed as exempting an applicant for a permit for any other requirements of this jurisdiction of other state or federal laws and regulations.

B.

To the extent that the requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply.

(Ord. 4-2001 § 10, 2001)

A.

The provisions of this section apply to the area around the airport shown on the airport influence area map authorized and contained by and in this chapter.

B.

There are hereby established imaginary surfaces for the purpose of limiting height within the zoned area. Such height limitations are established according to the provisions of FAA regulation FAR, part 77.

C.

An area located in more than one of the following surfaces is limited by the more restrictive surface.

(Ord. 4-2001 § 10, 2001)

The area that is subject to regulation or designation under this chapter is listed and described in sections 17.12.1207 and 17.12.1210 of this chapter.

(Ord. 4-2001 § 10, 2001)

This Council having considered the intensity of current and foreseeable development pressures, the guidelines for areas around airports promulgated by the Colorado Department of Local Affairs Division of Planning, it is the order of this Council that the airport described in sections 17.12.1207 and 17.12.1210 of this chapter is zoned as such and that the airport area described in sections 17.12.1207 and 17.12.1210 of this chapter is subject to these zoning regulations hereby adopted by this Council as an amendment and addition to the existing zoning code.

(Ord. 4-2001 § 10, 2001)

As adopted by this jurisdiction.

(Ord. 4-2001 § 10, 2001)