Title 10 Airport Hazard Zoning•
TITLE 10
AIRPORT HAZARD ZONING
Subject Chapter
Airport Hazard Zoning ............ 1
Teton County
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0 CHAPTER 1
AIRPORT HAZARD ZONING
SECTION:
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1:
Short Title
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2:
Definitions
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3:
Airport Zones
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4:
Height Limitations
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5:
Use Restrictions
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6:
Nonconforming Uses
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7:
Permits
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8:
Enforcement
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9:
Board Of Adjustment
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Appeals
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Judicial Review
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Conflicting Regulations
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Penalty
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SHORT TITLE: This chapter shall be known and may be
cited as THE DRIGGS AIRPORT HAZARD ZONING
ORDINANCE. (Ord., 10 -13 -1975)
10 -1 -2: DEFINITIONS: As used in this chapter, unless the context
otherwise requires:
AIRPORT: The Driggs municipal airport.
AIRPORT ELEVATION: The highest point of an airport's usable landing
area measured in feet from mean sea level.
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
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landing or
takeoff
at such
airport or
is otherwise
hazardous
to such
landing
or takeoff
of aircraft.
APPROACH, These zones apply to the area under the
TRANSITIONAL, approach, transitional, horizontal, and conical
HORIZONTAL, AND surfaces defined in FAR part 77.
CONICAL ZONES:
HEIGHT: 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.
NONCONFORMING Any preexisting structure, object of natural
USE: growth or use of land which is inconsistent with
the provisions of this chapter or an amendment
thereto.
NONPRECISION A runway having an existing instrument
INSTRUMENT approach procedure utilizing air navigation
RUNWAY: 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.
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.
PRIMARY SURFACE: A surface longitudinally centered on a runway.
When the runway has a specially prepared hard
surface, the primary surface extends two
hundred feet (200') 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
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of the Federal Aviation Regulations (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
center line.
RUNWAY: A defined area on an airport prepared for
landing and takeoff of aircraft along its length.
STRUCTURE: An object constructed or installed by man,
including, but without limitation, buildings,
towers, smokestacks, earth formation, and
overhead transmission lines.
TREE:
Any object of natural growth.
UTILITY RUNWAY: A runway that is constructed for and intended to
be used by propeller driven aircraft of twelve
thousand five hundred (12,500) pounds
maximum gross weight and less.
VISUAL RUNWAY: A runway intended solely for the operation of
aircraft using visual approach procedures with
no straight -in instrument approach procedure
and no instrument designation indicated on an
FAA approved airport layout plan, or by any
planning document submitted to the FAA by
competent authority. (Ord., 10 -13 -1975)
10 -1 -3: AIRPORT ZONES: 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 within the primary zone, approach
zones, transitional zones, horizontal zones, and conical zones as they apply
to a particular airport. Such zones are shown on Driggs airport hazard
zoning map consisting of one sheet, prepared by Forsgren and Perkins, and
dated April, 1975, which is attached to this ordinance on file in the office of
the clerk of the district court and made a part hereof. 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:
A. Utility Runway Visual Approach Zone: The inner edge of this
approach zone coincides with the width of the primary surface and is
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two hundred fifty feet (250') wide. The approach zone expands
outward uniformly to a width of one thousand two hundred fifty feet
(1,250') at a horizontal distance of five thousand feet (5,000) from
the primary surface, its center line being the continuation of the
center line of the runway.
B. Utility Runway Nonprecision Instrument Approach Zone: The inner
edge of this approach zone coincides with the width of the primary
surface and is five hundred feet (500') wide. The approach zone
expands outward uniformly to a width of two thousand feet (2,000')
at a horizontal distance five thousand feet (5,000') from the primary
surface, its center line being the continuation of the center line of the
runway.
C. Transitional Zones: These zones are hereby established as the area
beneath the transitional surfaces. These surfaces extend outward
and upward at ninety degree (9011) angles to the runway center line
and the runway center line extended at a slope of seven feet (7)
horizontally for each foot vertically from the sides of the primary and
approach surfaces to where they intersect the horizontal surface.
D. Horizontal Zone: The horizontal zone is hereby established by
swinging arcs of five thousand feet (5,000') radii 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.
E. Conical Zone: The conical zone is hereby established as the area
that commences at the periphery of the horizontal zone and extends
outward therefrom a horizontal distance of four thousand feet
(4,000'). The conical zone does not include the precision instrument
approach zones and the transitional zones.
F. Primary Zone: A zone longitudinally centered on a runway. When the
runway has a specially prepared hard surface, the primary zone
extends two hundred feet (200') beyond each end of that runway.
The elevation of any point on the primary zone coincides with the
elevation of the nearest point on the runway center line_ The width of
a primary zone is: 1) two. hundred fifty feet (250') for utility runways
having only visual approaches; and 2) five hundred feet (500') for
utility runways having nonprecision instrument approaches. The
width of the primary zone of a runway will be that width prescribed in
this subsection for the most precise approach existing or planned for
either end of that runway. (Ord., 10 -13 -1975)
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10 -1 -4: HEIGHT LIMITATIONS: Except as otherwise provided in
this chapter, no structure or tree shall be erected, altered,
allowed to grow, or be maintained in any zone created by 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:
A. Utility Runway Visual Approach Zone: Slopes outward and upward
twenty feet (20') 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 feet (5,000')
along the extended runway center line.
B. Utility Runway Nonprecision Instrument Approach Zone: Slopes
outward and upward twenty feet (20') 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 feet (5,000') along the extended runway center line.
C. Transitional Zones: Slopes outward and upward seven feet (7')
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 feet (150') above the
airport elevation which is six thousand three hundred fifty two feet
(6,352') above mean sea level. In addition to the foregoing, there are
established height limits sloping outward and upward seven feet (7')
horizontally for each foot vertically beginning at the sides of and at
the same elevation as the approach zones, and extending to where
they intersect the conical surface.
D. Horizontal Zone: One hundred fifty feet (150') above the airport
elevation or a height of six thousand three hundred fifty two feet
(6,352') above mean sea level.
E. Conical Zone: Slopes upward and outward twenty feet (20')
horizontally for each foot vertically beginning at the periphery of the
horizontal zone and at one hundred fifty feet (150') above the airport
elevation and extending to a height of three hundred fifty feet (350')
above the airport elevation or a height of six thousand five hundred
fifty two feet (6,552') above sea level.
F. Excepted Height Limitations: Nothing in this chapter shall be
construed as prohibiting the growth, construction, or maintenance of
any tree or structure to a height up to thirty feet (30') above the
surface of the land.
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Where an area is covered by more than one height limitation, the
more restrictive limitation shall prevail. (Ord., 10 -13 -1975)
10 -1 -5: USE RESTRICTIONS: 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 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 or otherwise in any
way create a hazard or endanger the landing, takeoff, or maneuvering of
aircraft intending to use the airport. (Ord., 10 -13 -1975)
10 -1 -6: NONCONFORMING USES:
A. Regulations Not Retroactive: The regulations prescribed by this
chapter shall not be construed 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 hereof, 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 hereof, and is diligently
prosecuted.
B. 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 airport manager to indicate to the operators of
aircraft in the vicinity of the airport the presence of such airport
hazards. Such markers and lights shall be installed, operated, and
maintained at the expense of the city of Driggs. (Ord., 10 -13 -1975)
10 -1 -7: PERMITS:
A. Future Uses: No material change shall be made in the use of land
and no structure or tree shall be erected, altered, planted, or
otherwise established in any zone hereby created unless a permit
therefor shall have been applied for and granted.
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1. Tree Or Structure Less Than Seventy Five Feet: However, a
permit for a tree or structure of less than seventy five feet (75') of
vertical height above the ground shall not be required in the
horizontal and conical zones or in any approach and transitional
zones beyond a horizontal distance of four thousand two hundred
feet (4,200') from each end of the runway except when such tree or
structure, because of terrain, land contour, or topographic features,
would extend above the height limit prescribed for the respective
zone.
2. Application; Form: Each application for a permit shall be on a form
provided by the airport manager and shall indicate the purpose for
which the permit is desired with sufficient particulars to determine
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.
B. Existing Uses: No permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a
nonconforming use, structure, or tree to become a greater hazard to
air navigation than it was on the effective date hereof or any
amendments hereto 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
airport manager determines that a
has been abandoned or more than
physically deteriorated or decayed,
would allow such structure or tree
limit or otherwise deviate from the z
Or Destroyed: Whenever the
nonconforming tree or structure
eighty percent (80 %) torn down,
no permit shall be granted that
to exceed the applicable height
oning regulations.
D. Variances: Any person desiring to erect or increase the height of any
structure, or permit the growth of any tree, or use his property not in
accordance with the regulations prescribed in this chapter, may
apply to the board of adjustment for a variance from such regulations
is on a form furnished by the airport manager. Such variances shall be
allowed where it is duly found that a literal application or
enforcement of the regulations would result in practical difficulty or
unnecessary hardship and relief granted would not be contrary to the
public interest but will do substantial justice and be in accordance
with the spirit of this chapter.
E. Hazard Marking And Lighting: Any
permit or variance
granted
may, if
such action is deemed advisable
to effectuate the
purpose
of this
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chapter and
be reasonable in the circumstances, be so conditioned
as to require
the owner
of the structure or
tree in question to permit
the city of
Driggs, at
its own expense,
to install, operate, and
maintain thereon such
markers and lights
as may be necessary to
indicate to
pilots the
presence of an
airport hazard. (Ord.,
10 -13 -1975)
10 -1 -8: ENFORCEMENT: It shall be the duty of the airport manager
to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the airport manager
upon a form furnished by him. Applications required by this chapter to be
submitted to the airport manager shall be promptly considered and granted
or denied by him. (Ord., 10 -13 -1975)
10 -1 -9: BOARD OF ADJUSTMENT:
A.. Created; Powers: There is hereby created a board of adjustment to
have and exercise the following powers:
1. To hear and decide appeals from any order, requirement,
decision, or determination made by the airport manager in the
enforcement of this chapter;
2. 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; and
3. To hear and decide specific variances.
B. Membership: The board of adjustment shall consist of all of the
members of the Driggs city council and Teton board of county
commissioners.
C. Rules:
The board of
adjustment shall
adopt rules for its governance
and in
harmony with
the provisions of
this chapter. 0
D. Meetings; Hearings: Meetings of the board of adjustment shall be
held at the call of the chairman and at such other times as the board
of adjustment may determine. The chairman, or in his absence the
acting chairman, may administer oaths and compel the attendance of
witnesses. All hearings of the board of adjustment shall be public.
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E. Minutes: The board of
proceedings showing the
or if absent or failing to
records of its examinatic
shall immediately be filed
due cause shown.
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adjustment shall keep minutes of its
vote of each member upon each question;
vote, indicating such fact, and shall keep
ins and other official actions, all of which
in the office of the airport manager, and on
F. Written Findings: The board of adjustment shall make written
findings of facts 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 comes before it under the provisions of this
chapter.
G. Vote: The concurring vote of a majority of the members of the board
of adjustment shall be sufficient to reverse any order, requirement,
decision, or determination of the airport manager or to decide in
favor of the applicant on any matter upon which it is required to pass
under this chapter, or to effect variation in this chapter. (Ord.,
10 -13 -1975)
10 -1 -10: APPEALS:
A. Right To Appeal: Any person aggrieved, or any taxpayer affected, by
any decision of the airport manager made in his administration of
this chapter, may appeal to the board of adjustment.
g. Notice Of Appeal: All appeals hereunder must be taken within a
reasonable time, as provided by the rules of the board of adjustment,
by filing with the airport manager a notice of appeal specifying the
grounds thereof on forms furnished by the airport manager. The
airport manager shall forthwith transmit to the board of adjustment all
the papers constituting the record upon which the action appealed
from was taken.
C. Stay Of Proceedings: An appeal shall stay all proceedings in
furtherance of the action appealed from unless the airport manager
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 his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed except by order of the
board of adjustment on notice to the airport manager and on due
cause shown.
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D. Hearing: 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.
E. Board Action: The
provision of this c
modify the order,
from and may
determination, as
(Ord., 10 -13 -1975)
board of adjustment may, in conformity with the
hapter, reverse or affirm, in whole or in part, or
requirement, decision, or determination appealed
make such order, requirement, decision, or
may be appropriate under the circumstances.
10 -1 -11: JUDICIAL REVIEW: Any person aggrieved, or any taxpayer
affected, by any decision of the board of adjustment, may
appeal to the district court in and for the county. Procedure upon such
appeal shall be in all respects the same as prescribed in sections 31 -1510,
31 -1511, and 31 -1515, Idaho Code. (Ord., 10 -13 -1975)
10 -1 -12: CONFLICTING REGULATIONS: Where there exists a
conflict between any of the regulations or limitations
prescribed in this chapter and any other regulations applicable to the same
area, whether the conflict be with respect to the height of structures or •
trees, the use of land, or any other matter, the more stringent limitation or
requirement shall govern and prevail. (Ord., 10 -13 -1975)
10 -1 -13: PENALTY: Each violation of this chapter or of any regulation,
order, or ruling promulgated hereunder shall constitute a
misdemeanor and be subject to punishment as provided in section 1 -4 -1 of
this code. Each day a violation continues to exist shall constitute a separate
offense. (Ord., 10 -13 -1975; amd. 2001 Code)
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