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Zoning
- Article V. District Use Regulations
Sec. 31-84. District AH - Airport Hazard District
-
- A. INTENT It
is hereby found that an airport hazard endangers the lives and
- property users of Airports within the City of Marshall and property
or occupants of land in its vicinity, and in effect reduces the size
of the area available for the landing, takeoff and maneuvering of aircraft,
thus tending to destroy or impair the utility of said Airports and the
public investment therein. Accordingly, it is declared:
1. That the creation or establishment of an airport hazard
is a public nuisance.
2. That it is necessary in the interest of the public health, public
safety and general welfare that the creation or establishment of airport
hazards be prevented.
3. That the prevention of these hazards should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation. Districts now existing or hereafter created shall
be known and may be cited at "Airport Hazard Zoning District" - "AH".
-
- B. DEFINITIONS As
used in this Section, unless the context otherwise requires:
1. AIRPORT - Any airport now existing or hereafter
crated within the
- City of Marshall.
2. AIRPORT ELEVATION - The highest point of an airport's
usable landing area- measured in feet from mean sea level.
-
- 3. AIRPORT HAZARD - Any structure or object of natural
growth located on or in
- the vicinity of a public airport, or any use of land near such airport,
which obstructs the airspace required for the flight of aircraft in landing
or takeoff at such airport or is otherwise hazardous to such landing
or take-off of aircraft.
-
- 4. STRUCTURE - An object constructed or installed
by man, including but
- without limitation,, buildings, towers, smokestacks, earth formation
and
overhead transmission lines.
-
- 5. TREE - Any object of natural growth.
-
- 6. NONCONFORMING USE - Any pre-existing structure,
object of natural
- growth, or use of land which is inconsistent with the provisions of
this Section
or an amendment thereto.
-
- 7. HEIGHT - For the purpose of determining the height
limits in all zones set forth
- in the Section and shown on the zoning map, the datum shall be mean
sea level elevation unless otherwise specified.
-
- 8. PERSON - An individual, firm, partnership, corporation,
company, association,
- joint stock association or governmental entity. It includes a trustee,
receiver, assignee or similar representative of any of them.
-
- 9. RUNWAY - A defined area on an airport prepared
for landing and takeoff of
- aircraft along its length.
-
- 10. VISUAL RUNWAY - A runway intended solely for
the operation of aircraft using
- visual approach procedures and no instrument designation indicated
on an FAA approved airport layout plan, a military service's approved
military airport layout plant or by any planning document submitted to
the FAA by competent authority.
-
- 11. UTILITY RUNWAY - A runway that is constructed
for and intended to be
- used by propeller driven aircraft of 12,500 pounds maximum gross weight
and less.
-
- 12. NON-PRECISION INSTRUMENT RUNWAY - A runway having
anexisting
- 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, and for which no precision approach facilities are
planned or indicated on an FAA planning document or military service's
military airport planning document.
-
- 13. PRECISION INSTRUMENT RUNWAY - A runway having
an existing
- instrument approach procedure utilizing an Instrument Landing System(ILS)
or a Precision Approach Radar (PAR). It also means a runway for which
a precision approach system is planned and is so indicated on an FAA
planning document or military service's military airport planning document.
-
- 14. PRIMARY SURFACE - 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; but 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
of a runway will be that width prescribed in Part 77 of the Federal
Aviation Regulation (FAR) for the most precise approach existing or planned
for either end of that runway. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway
centerline.
-
- 15. HELIPORT PRIMARY SURFACE - The area of the primary
surface coincides
- in size and shape with the designated landing and takeoff area of
a heliport (runway). This surface is a horizontal plane at the elevation
of the established heliport elevation.
-
- 16. STOL PRIMARY SURFACE - An imaginary plane, 300
feet wide, centered
- on the runway, its length extends 100 feet beyond each runway end.
The elevation of any point on the primary surface is the same as the
elevation of the nearest point on the runway centerline.
-
- 17. APPROACH, TRANSITIONAL,HORIZONTAL AND CONICAL ZONES- These
- zones apply to the area under the approach, transitional, horizontal
and conical surfaces defined in Sections 3 and 4.
-
- C. AIRPORT ZONES There
are hereby created and established certain zones which include all of
the land lying within the approach zone, transitional zones, horizontal
zones and conical zones as they apply to a particular airport. An area
located in more than one (1) 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:
AH (1) Utility Runway Visual
Approach and Non-Precision Instrument Approach
Zone- The inner edge of this approach zone coincides with
the width of
the primary surface and is determined by the applicable distance in feet
based on the primary surface width as set forth in FAR part 77, as
amended. The approach zone expands outward uniformly to a width of
2,000 feet at a horizontal distance of 5,000 feet from the primary surface.
Its centerline being the continuation of the centerline of the runway.
AH (2) Runway Larger Than
Utility With Visual Approach and Visibility
Minimum As Low as 3/4 Mile Non-Precision Instrument Approach Zone -
The inner degree of the approach zone coincides with the width of the
primary surface and is 1,000 feet wide, The approach zone expands
outward uniformly to a width of 4,000 feet at a horizontal distance of
10,000 feet from the primary surface. Its centerline being the continuation
of the centerline of the runway.
AH (3) Precision Instrument
Runway Approach Zone - The inner edge of this
approach zone coincides with the width of the primary surface and is
1,000 feet wide, The approach zone expands outward uniformly to a
width of 16,000 feet at a horizontal distance of 50,000 feet from the
primary surface. Its centerline being the continuation of the centerline
of
the runway.
AH (4) Heliport Approach Zone -
The inner edge of this approach zone coincides
with the width of the primary surface and is 300 feet wide. The approach
zone expands outward uniformly to a width of 3,400 feet at horizontal
distance of 10,000 feet from the primary surface. Its centerline being
the
continuation of the centerline of the primary surface.
AH (5) Fixed Wing Transitional
Zones - These zones are hereby established as
the area beneath the transitional surfaces. These surfaces extend outward
and upward at 90 degree angles to the runway centerline and the runway
centerline extended at a slope of seven (7) 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 zones
for
those portions of the precision approach zones 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 zones and at 90
degree angles to the extended runway centerline.
AH (6) Heliport VFR and
IFR Transitional Zones - These zones extend outward
from the sides of the primary surface and a portion of the sides of the
approach zones a horizontal distance of 250 feet from the primary surface
centerline and the extended primary surface centerline.
AH (7) Horizontal Zone -
The horizontal zone is hereby established by swinging
arcs of 5,000 feet radii for all runways designated utility or visual,
and
10,000 feet radii for all other runways from the center of each end of
the
primary surface of each runway, and connecting the adjacent arcs by
drawing lines tangent to hose arc. The horizontal zone does not include
the approach and transitional zones.
AH (8) Conical Zone -
The conical zone is hereby established as the area that
commences at the periphery of the horizontal zone and extends outward
there from a horizontal distance of 4,000 feet. The conical zone does
not
include the precision instrument approach zones and the transitional
zones.
D. AIRPORT ZONE HEIGHT LIMITATIONS Except
as otherwise provided in this section, no structure shall be erected, altered
or maintained and no tree shall be allowed to grow in any zone created by this
Section 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. Utility Runway Visual Approach and Non-Precision Instrument Approach
Zone
AH (1) - Slopes upward twenty (20) feet horizontally for each foot
vertically
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. Runway Larger than Utility with Visual Approach and Visibility Minimum
as
Low as 3/4 Mile Non-Precision Instrument Approach Zone AH (2) - Slopes
upward thirty-four (34) feet horizontally for each foot vertically 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.
3. Precision Instrument Runway Approach Zone AH (3) - Slopes upward
fifty
(50) feet horizontally for each foot vertically 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, thence slopes upward
forty
(40) feet horizontally for each foot vertically to an additional horizontal
distance
of 40,000 feet along the extended runway centerline.
4. Heliport Approach Zones AH(4) - Slopes upward eight (8)
feet horizontally for
each foot vertically beginning at the end and at the same elevation as
the primary
surface, and extending t a distance of 4,000 feet along the extended
primary
surface centerline.
5. Fixed Wing Transitional Zones AH (5) - Slopes upward and
outward seven (7)
feet horizontally for each foot vertically 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. In addition to the foregoing,
there are established height limits sloping upward and outward seven
(7) feet
horizontally for each foot vertically beginning at he sides 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, height limits sloping upward and outward seven
(7)
feet horizontally for each foot vertically shall be maintained beginning
at the
sides and at the same elevation as precision instrument runway approach
surface,
and extending to a horizontal distance of 5,000 feet measured at 90 degree
angles to the extended runway centerline.
6. Heliport Transitional Zones AH (6) - Slopes upward and outward
two (2) feet
horizontally for each foot vertically beginning at the sides of and at
the same
elevation as the primary surface and a portion of the sides of the approach
and
extending a distance of 250 feet measured horizontally from and at 90
degree
angles to the primary surface centerline and Heliport approach zone centerline.
7. Horizontal Zone AH (7) - One hundred and fifty (150) feet
above the
airport elevation.
8. Conical Zone AH (8) - Slopes upward and outward twenty (20) feet
horizontally for each foot vertically beginning at the periphery of the
horizontal
zone and at one hundred and fifty (150) feet above the airport elevation
and
extending to a height of three hundred and fifty (350) feet above the
airport
elevation.
Where an area is covered by more than one (1) height limitation, the more re
strictive limitation shall prevail.
E. USE RESTRICTIONS Not
withstanding any other provisions of this ordinance, no use may be made of land
or water within any zone established by this Ordinance in such a manner as to
created 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 or otherwise in
any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft
intending to use the airport.
F. NONCONFORMING USES
1. Regulations not Retroactive - The regulations prescribed
by this section shall not
be constituted to require the removal, lowering or other changes or alteration
of
any structure or tree not conforming to the regulations as of the effective
date of
this Ordinance, 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 Ordinance, 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 for the
City of
Marshall, 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 of Marshall.
Secs. 31-85 thru 94. RESERVED.
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