§ 13.05.020. Airport regulations.

(a)

Intent. This airport land use regulation and airport influence area as herein set forth is officially identified to preserve existing and establish new compatible land uses around airports to allow land use not associated with high population concentration, to minimize exposure of residential uses to critical and uncontrollable aircraft noise areas, to avoid danger from aircraft crashes, to discourage traffic congestion and encourage compatibility with nonmotorized traffic from development around airports.

(b)

Definitions. For the purpose of this Section, the words and phrases set forth in this Section shall have the meaning respectively ascribed to them herein:

Acceptable land use means those nonresidential land uses by right or special review as specified in this Title which are within the area of influence and are not noise sensitive; and which Parker or the Airport Authority has been granted an avigation easement.

Airport influence area means an area in which a public and private airport or private landing strips and heliport is located or may be located.

Airport reference point means the point established as the geographic center of the airport landing area.

Designated elevation means the elevation above sea level determined at each airport in accordance with the approved airport guidelines.

Instrument runway means a runway equipped or to be equipped with a precision electronic navigation aid, other air navigation aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.

Noninstrument runway means any runway which is not equipped with electronic navigation equipment.

Private airport and heliport means an airport, airport equipment and airport facilities owned and operated by private enterprise with more than three (3) take-offs and landings per day located within an officially identified airport area or influence.

Private landing strip (runway) and heliport means an airport landing strip used by the owner of the parcel of land and not as a business and having less than three (3) take-offs and landings per day located on a minimum of thirty-five (35) acres within an officially identified area of influence.

Public airport and heliport means an airport, airport equipment and facilities owned or operated by a public entity or airport authority area of influence.

Runway (landing strip) means the area of the airport constructed and used for landing and taking off of aircraft.

(c)

Height limitations within described territories, surfaces, air spaces, height zones and land use within the airport influence area. Height limitations within the airport influence area are, except as otherwise provided in this Section, no structure or object of natural growth shall be constructed, erected, altered, allowed to grow or to be maintained in excess of height limits and zones herein established.

(1)

The specific height zone and limitations for each airport/heliport shall be designated elevation as shown on the approved airport plans.

(2)

The maximum height of any structure or object of natural growth within the airport influence area shall be thirty-five (35) feet above the designated elevation unless further restricted in this Section.

(3)

A notice and approval from the Federal Aviation Administrator shall be required for the construction or alteration of any structure two hundred (200) feet or higher located within twenty thousand (20,000) feet or any runway.

(d)

Surfaces. In order to carry out these provisions of safety, there are hereby created and established certain surfaces and areas which include all the land and air space within the area that would be hazardous to air navigation at the airport.

(1)

Airport influence area: that area in which the airport is located and which the major airport activities occur, higher noise levels and higher risks including the following described surfaces. This Title shall apply to all land within the officially identified area of influence. Future airport sites may be officially identified as future airport influence areas and subject to this Title after a public hearing has been held for a special use permit.

(2)

The Title establishes airport height zones on an airport obstruction and vicinity map. These zones are areas above imaginary surfaces and are designed to regulate the height of structures and trees in the airport vicinity. They are set forth in the FAA Regulation FAR Part 77. These regulations shall include those zones from among the following which are appropriate for the airport in question.

a.

Utility runway visual approach zone: 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 five thousand (5,000) feet along the extended runway centerline, with a lateral width of one thousand two hundred fifty (1,250) feet.

b.

Utility runway nonprecision instrument approach zone: 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 five thousand (5,000) feet along the extended runway centerline, with a lateral width of one thousand two hundred fifty (1,250) feet.

c.

Runway larger than utility visual approach zone: 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 five thousand (5,000) feet along the extended runway centerline, with a lateral width of one thousand five hundred (1,500) feet.

d.

Runway larger than utility with a visibility minimum greater than three-fourths (¾) mile nonprecision instrument approach zone: 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 ten thousand (10,000) feet along the extended runway centerline, with a lateral width of three thousand five hundred (3,500) feet.

e.

Runway larger than utility with a visibility minimum as low as three-fourths (¾) mile nonprecision instrument approach zone: 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 ten thousand (10,000) feet along the extended runway centerline, with a lateral width of four thousand (4,000) feet.

f.

Precision instrument runway approach zone: 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 ten thousand (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 forty thousand (40,000) feet along the extended runway centerline, with a lateral width of sixteen thousand (16,000) feet.

g.

Heliport VFR approach zones: slopes upward eight (8) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface, and extending to a distance of four thousand (4,000) feet along the extended primary surface centerline.

h.

Heliport IFR approach zones: slopes upward fifteen (15) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface, and extending to a distance of ten thousand (10,000) feet along the primary surface centerline.

i.

STOL approach zones: slopes upward fifteen (15) feet horizontally for each foot vertically beginning at the end of and at the same elevation of primary surface, and extending to a distance of ten thousand (10,000) feet along the extended runway centerline.

j.

Transitional zone: 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 zones and extending to a height of one hundred fifty (150) feet above the airport elevation which is  feet above mean sea level. In addition outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and of and at the same elevation as the approach zones, and extending to where they intersect with 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 of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runway centerline.

k.

Heliport VFR transitional zones: 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 the approach surfaces and extending a distance of one hundred fifty (150) feet measured horizontally from and at ninety-degree angles to the primary surface centerline and extended centerline.

l.

STOL transitional zones: slopes upward and outward four (4) 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 surface and extends to an elevation of one hundred (100) feet above the primary surface.

m.

Horizontal zones: one hundred and fifty (150) feet above the airport elevation or a height of * feet above mean sea level.

n.

Conical zone: slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation.

(e)

Performance regulations. No use may be made of land within the designated airport influence area in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, cause glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft at the airport or in the vicinity of the airport. No airport/heliport will be allowed unless it is located in an officially identified airport influence area. Review of land use proposals and/or changes shall utilize noise contours when applicable. Noise attenuation in building design should be included in proposals within the airport influence area.

(f)

Nonconforming uses. The regulations prescribed in this Section shall not be construed to require the removal, lowering or other changes or alteration of any structure or object of natural growth not conforming to this Section as of the effective date of this Section, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained 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 Section and is diligently prosecuted; provided, however, that when the nonconforming structure is destroyed or damaged to the extent of over fifty percent (50%) 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 these regulations, and 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 as necessary by the Town Council to indicate to the operators of aircraft in the vicinity of the airport the presence of such nonconforming structures or object of natural growth. Such markers and lights shall be installed, operated and maintained at the expense of the airport owners.

(Ord. 3.01.59 §1, 2001; PLDO Art. V §2)