AIRPORT HEIGHT & HAZARD OVERLAY DISTRICT (H
& H)
18-101. As used in this Overlay District, unless the context otherwise requires:
Abandoned. Means any item which has ceased to be used for its designed and intended purpose.
Airport Advisory Board. Means the appointed advisory board for the OWI.
Airport Elevation. Means the highest point of the airport’s usable landing area measured in feet above sea level (966 feet above sea level).
Airport Hazard. Means any structure or tree or use of land which obstructs or is hazardous to the airspace required for the flight of aircraft in landing or taking-off or permanently raises the published or planned approach minimums at the airport.
Airport Hazard Area (Also referred to as the “Airport Hazard Overlay District”). Means any area of land or water surrounding the Ottawa Airport upon which an airport hazard might be established—including any which may permanently raise the published or planned approach minimums of the airport—if not prevented as provided in this Resolution and as depicted on the “Airport Hazard Area Graphic” adopted by and made a part of this Resolution; and including the FAA Part 77 Civil Airport Imaginary Surfaces, which consist of the Horizontal Surface, Conical Surface, Primary Surface, Approach Surface, Transitional Surface and Precision Approach Surfaces; and the Terminal Instrument Procedures (TERPS) surfaces and the Vertically Guided Approach Surfaces (VGAS) for the airport as referenced on the Kansas Department of Transportation (KDOT) “Kansas Airspace Awareness Tool” at http:/www.ksdot.org/airspacetool.
Airport Hazard Area Graphic. Means the map depicting the airspace Airport Airspace Protection Area and attached to this Article as Exhibit A and made a part thereof.
Airport Layout Plan (ALP). Means a plan adopted by the City Commission that depicts existing airport facilities and proposed developments as determined from the Airport Advisory Board’s review of the aviation activity forecasts, facility requirements, and alternatives analysis.
Approach Minimums. Means the minimum ceiling or visibility under which an aircraft may be landed with the use of a published approach procedure. It also means planned Non-precision or precision instrument approach minimums so indicated on an approved Airport Layout Plan or any other planning document.
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 IV of this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
City Commission. Means the Governing Body for the City of Ottawa, Kansas.
Conical Surface. Means a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty feet horizontally to each foot vertically (20:1) for a horizontal distance of 4,000 feet.
FAA. Means the Federal Aviation Administration.
Hazard To Air Navigation. Means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
Hazardous Wildlife. Means species of wildlife (birds, mammals, reptiles), including feral animals and domesticated animals not under control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard.
Height. Means for the purpose of determining the height limits in all zones set forth in this Article and shown on the Ottawa Airport Hazard Area Graphic, the datum shall be mean heights as measured from the elevations of OWI Runways 17-35, 13-31 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.
Larger Than Utility Runway. Means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft (OWI Runways 17-35, 13-31).
Obstruction. Means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section IV of this Article.
Ottawa Airport (Ottawa Municipal Airport, OWI). Means the public-use airport owned and operated by the City of Ottawa, Kansas.
OWI. Means the three-letter identifier assigned by the Federal Aviation Administration to the public- use airport owned and operated by the City of Ottawa, Kansas.
Person. Means an individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
Primary Surface. Means 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. The width of the primary surface is set forth in Section III of this Ordinance. 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 taking-off of aircraft along its length.
Runway, Non-Precision Instrument Approach. 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. (OWI Runways 17-35, 13-31)
Runway, Precision Instrument Approach Or Instrument Approach Procedure (IAP). Means a series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing, or to a point from which a landing may be made visually. (OWI Runways 17-35, 13-31)
Terminal Instrument Procedures (TERPS). Means surfaces that are constructed from the electronic signals transmitted by ground-based and satellite-based air navigation electronic equipment, which are the instrument procedures that aircraft pilots use to fly between airports and land on runways.
Transitional Surfaces. Means these surfaces 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 (7:1) from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, 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 surface and at 90 degree angles to the extended runway centerline.
Tree. Means any object of natural growth.
Vertically Guided Approach Surfaces (VGAS). Means satellite-based approach surfaces that are established to protect Instrument Approach Procedures (IAP) that provide vertical guidance and lower approach minima. Examples of landings systems protected by VGAS include Instrument Landing System (ILS) based approaches and GPS based procedures utilizing a Wide Area Augmentation System (WAAS) with Localizer Performance with Vertical Guidance (LPV); and which can improve airport capacity when ground based systems are out of service, and provide accurate, reliable access to more airports previously not served by precision approaches.
Wildlife Attractants. Means any human-made structure, land-use practice, or human-made or natural geographic feature that can attract or sustain hazardous wildlife within the Airport Hazard Area. These attractants can include architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands.
Zones: Approach, Transitional, Horizontal, Conical, VGAS and TERPS. Means the zones that are set forth in Section III of this Article.
18-201. As used in this Overlay District, unless the context otherwise requires:
18-202. The airport Height and Hazard Regulations shall apply to the Airport Hazard Area as an “Airport Hazard Overlay District” to the City zoning regulations, in coordination with the County Commission which shall have zoning jurisdiction over the remainder of said hazard area in the portions of unincorporated Franklin County not within City land use regulatory jurisdiction. The Airport Hazard Area, wherein the Height and Hazard Regulations apply, include all of the land area as defined in these regulations, generally lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, conical surfaces and any other territory surrounding the Ottawa Airport divided into zones—including the established and ultimate minimum approach surfaces and precision approaches, as depicted on the Ottawa Airport Hazard Area Exhibit A (which is based on the KDOT “Kansas Airspace Awareness Tool” at http:/www.ksdot.org/airspacetool), made a part hereof and attached to this Article. The Airport Hazard Area Exhibit A is provided to the public as an attachment to this Ordinance for illustrative purposes, only, in order to generally show where these regulations apply; and is not to be relied upon as a regulatory tool. For administrative purposes, when applying these regulations on a case-by-case basis, the standard FAA procedures for determining compliance of proposed structures with height and hazard standards should be relied upon as the starting point for interpreting the applicability of these regulations.
18-203. An area located in more than one of the following zones is considered to be in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(a) FAR Part 77 Surfaces, sub-Part C Civil Airport Imaginary Surfaces Zones - the Horizontal Surface, Conical Surface, Primary Surface, Approach Surface, and Transitional Surface as designated by the FAA:
1. Runway Larger than Utility with a Visibility Minimum Greater Than 3/4 Mile Non-precision Instrument Approach Zone (34:1) - The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (OWI Runway 17-35)
2. Visual Utility Runway - The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 2,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (OWI Runway 13-31, Existing)
3. Utility Runway With A Visibility Minimum at or Greater Than 1-Mile Non- precision Instrument Approach Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. 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 is the continuation of the centerline of the runway. (OWI Runway 13-31, Ultimate)
4. Transitional Zone - The transitional zones are the areas beneath the transitional surfaces.
5. Horizontal Zone - The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others 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.
6. Conical Zone - The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
(b) Runway Approach Minimum Zones - The approach zones to the runways, the minimum ceiling or visibility under which an aircraft may be landed with the use of a published approach procedure; and the planned Non-precision or precision instrument approach minimums so indicated on the approved Airport Layout Plan (ALP) or the Airport Hazard Area Graphic, which depicts the Terminal Instrument Procedures (TERPS) surfaces and the Vertically Guided Approach Surfaces (VGAS) for the airport.
(c) Terminal Instrument Procedures Surface TERPS) Zones - which can extend 10 nautical miles from a runway, constructed from the electronic signals transmitted by ground and space based air navigation electronic equipment, which instrument procedures aircraft pilots use to fly between airports and land on runways.
(d) Vertically Guided Approach Surfaces (VGAS) Zones - which provide lower minima for approach procedures that do not rely on ground based navigational systems, including Instrument Landing System (ILS), to improve airport capacity when ground based systems are out of service—for better access to runways with terrain or airspace constraints using curved RNAV legs and narrower protected surfaces; and for improved safety by eliminating circling maneuvers and providing laterally and vertically guided approaches not available through conventional ground-based Navigational Aid (NAVAID) procedures or through existing Area Navigation (RNAV) procedures.
18-301. 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 these regulations to a height in excess of the applicable height herein established for such zone.
18-302. Such applicable height limitations are hereby established for each of the zones in question as follows:
(a) FAR Part 77 Surfaces, sub-Part C Civil Airport Imaginary Surfaces Zones - the Horizontal Surface, Conical Surface, Primary Surface, Approach Surface, and Transitional Surface as designated by the FAA:
1. Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Non-precision Instrument Approach Zone - Slopes thirty-four feet outward for each foot upward (34:1) 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 centerlines of each runway (OWI Runway 17- 35).
2. Visual Utility Runway - Slopes 20 feet outward for each foot upward (20:1) 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. OWI Runway 13-31, Existing).
3. Utility Runway With A Visibility Minimum at or Greater Than 1-Mile Non- precision Instrument Approach Zone - Slopes 20 feet outward for each foot upward (20:1) 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. (OWI Runway 13-31, Ultimate).
4. Transitional Zones - Slope seven (7) feet outward for each foot upward (7:1) 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 elevations each runway. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface of each runway, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.
5. Horizontal Zone - Established at 150 feet above the airport elevation.
6. Conical Zone - Slopes twenty feet outward for each foot upward (20:1) beginning at the periphery of the horizontal zone and at 150 feet above the airport elevations and extending to a height of 350 feet above the airport elevations.
(b) Runway Approach Minimum Zones - The slopes established by the minimum ceiling or visibility under which an aircraft may be landed with the use of a published approach procedure; and by the planned Non-precision or precision instrument approach minimums so indicated on an approved Airport Layout Plan.
(c) Terminal Instrument Procedures (TERPS) Surface Zones - The slopes established by the electronic signals transmitted by ground and space based air navigation electronic equipment, which instrument procedures aircraft pilots use to fly between airports and land on runways.
(d) Vertically Guided Approach Surfaces (VGAS) Zones - The slopes established by the VGAS approach surfaces longitudinally centered on the extended runway centerline beginning at the runway threshold and extending outward and upward at a slope of 40:1 (2.5%) for a horizontal distance of 20,200 feet. The surface is 2,000 feet wide (1000 feet either side of centerline) at the runway threshold and expands to a width of 8,000 feet at 10,200 feet from threshold. From 10,200 to 20,200 feet the surface is 8,000 feet wide (4,000 feet either side) and parallel to the runway centerline extended.
18-401. In order to comply with Section 3, Airport Zones and Section 4, Airport Zone Height Limitations in this Article, as well as relevant FAA Advisory Circulars, including Hazardous Wildlife Attractants on or Near Airport, AC No: 150/5200-33B, this Section is established to require notice of construction or alteration to any object(s) that potentially affects the navigable airspace of the Ottawa Airport. Any application for a permit directed to the City of Ottawa, Kansas that potentially affects the navigable airspace of the Ottawa Airport must be supplemented by a completed and submitted Federal Aviation Administration (FAA) Form 7460-1 (2-99), Notice of Proposed Construction or Alteration. Any application to construct or alter any wildlife attractant or a proposed solid waste landfill shall be supplemented by a completed and submitted FAA Form 7460-1 (2-99).
18-501. Notwithstanding any other provisions of this Ordinance, 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 wildlife attractants or habitat for hazardous wildlife, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Furthermore, no use may be made of the land or water within any zone established by this Article that would result in permanently raising the published or planned approach minimums.
18-601. 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 this Ordinance, or otherwise interfere with the continuance of a legal nonconforming use.
18-602. Regulations Not Retroactive. 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.
18-603. Marking and Lighting and Tree Trimming. Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree, upon proper notification from the FAA and/or KDOT, is hereby required to permit the installation, operation, and maintenance of such markers and lights by the City, upon recommendation by the Airport Advisory Board, or trimming, topping or cropping the tree at the expense of the Ottawa Airport .
18-604. Nonconforming Uses Abandoned or Destroyed. Whenever the Ottawa Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 51 percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would allow the reconstruction of such abandoned or destroyed nonconforming structure or tree to exceed the applicable height limit or otherwise deviate from these Height and Hazard Regulations. Factors to be considered in determining abandoned could include: operability and functional utility of the item; ) last effective use ; disrepair or damage; status of registration or licensing of the item; or the nature of the area and location of the item.
18-701. No permit shall be granted for a use inconsistent with the provisions of this Article, or for a use that would allow the establishment or creation of an airport hazard or permit a nonconforming structure to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or when the application for a permit is made; unless a variance has been approved.
18-702. Permits Required When. Permit applications shall be submitted for proposed structures in any of the zones or surfaces except as specifically provided in sub-section 2. Each permit application shall be submitted on forms required by the City to determine whether the resulting use, structure, or tree would conform to these regulations. If such determination is in the affirmative, the permit shall be granted.
18-703. No Permit Required When. No permit shall be required for structures shorter than 75 feet; provided that, in an approach or transitional zone the proposed structure or tree is more than 4,200 feet from the end of a runway; provided further that, this permit exception shall not be construed as permitting any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Article.
18-704. Permit Conditioned on FAA Form 7460-1, “Notice of Construction”. Any proposed construction, alteration or repair requiring a permit must have filed an FAA Form 7460-1 (FAA 77.13 Construction or Alteration Requiring Notice) with the appropriate FAA Regional Office. No construction, alteration or repair work may commence until the determination is received from the FAA and said determination is reviewed by the Zoning Administrator in consultation with the Airport Advisory Board.
18-705. Permit may be Conditioned on Marking or Lighting and Tree Trimming. Any permit or variance granted may be conditioned on a requirement that the owner of the structure or tree in question install, operate, and maintain, at the owner’s expense, such markings and lights or tree trimming as may be deemed reasonably necessary to effectuate the purpose of this Article. If deemed proper by the Airport Advisory Board, this condition may be modified to require the owner to permit the City, at its own expense, to top, crop, or trim the tree or install, operate, and maintain the necessary markings and lights.
18-801. It shall be the duty of the Zoning Administrator to administer the regulations prescribed herein in consultation with the Airport Advisory Board. Applications for permits shall be made to the Zoning Administrator upon a form for that purpose. Applications for appeals, variances or exceptions shall be made to the Zoning Administrator upon a form published for that purpose per Article 25. .
18-901. Any person aggrieved, or any property owner in the Height and Hazard Area affected by any decision of the Zoning Administrator made in the administration of the Article may appeal to the Board of Zoning Appeals per Article 25-201.
18-1001. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the regulations prescribed in this Article, may apply to Board of Zoning Appeals for a variance or exception from such regulations. The application for variance or exception shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the published or planned approach minimums, operation of air navigation facilities, and the safe, efficient use of navigable airspace. Such variances shall be granted 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 Board of Zoning Appeals unless a copy of the application has been furnished to the Ottawa Airport Advisory Board for review and comment.
18-1101. The Board of Zoning Appeals 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 Article.