AIRPORT ZONING REGULATIONS for the City of McPherson, Kansas

AIRPORT ZONING REGULATIONS for the City of McPherson, Kansas ARTICLE 1. TITLE, PURPOSE, AUTHORITY AND JURISDICTION 100 Title. These regulations, including the McPherson Airport Zoning Map made a part hereof, shall be known and may be cited as the "Airport Zoning Regulations for the City of McPherson, Kansas," and shall hereinafter be referred herein to as "these regulations." 101 Purpose. It is found that an airport obstruction endangers the lives and property of users of the McPherson Airport and of occupants of land in its vicinity; and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment or interest therein. Accordingly, it is declared: A. That the creation or establishment of an airport obstruction is a public nuisance and an injury to the area served by the Airport; B. That it is, therefore, necessary in the interest of the public health, public safety and general welfare that the creation and establishment of airport obstructions be prevented; and C. That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power of the City, without compensation. 102 Authority. These regulations are adopted under authority established by K.S.A., as amended, 3-701 through 3-713. As provided for in K.S.A. 3-704 (1), these regulations are incorporated in and made a part of the Zoning Regulations for the City of McPherson, Kansas as originally adopted by Ordinance No. 2963, and are to be administered and enforced in connection therewith. 103 Zoning Jurisdiction. These regulations shall apply to all structures, trees and uses of land which may obstruct the airspace required for the flight of aircraft in landing and taking off at the McPherson Airport as may be located within the airport zones as described herein and as delineated on the Airport Zoning Map, except for an area southeast of the Airport as delineated on the Zoning Map in Section 32, T19S, R3W and Section 5, T20S, R3W which is exempted from all provisions of these regulations. The provisions of these regulations are also applied to areas that would be affected by existing runways as indicated by the Master Plan for the McPherson Airport, McPherson, Kansas dated April 22, 2008, prepared by Burns & McDonnell, which updates the original Master Plan adopted as F.A.A. Project No. A-20-0054-01 which was jointly approved on September 16, 1974 A-13

by the McPherson County Board of Commissioners and the McPherson City Commissioners, and also approved by the Federal Aviation Administration of the U.S. Department of Transportation. A-14

ARTICLE 2. DEFINITIONS 100 Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of these regulations: A. AIRPORT: The McPherson Airport. B. AIRPORT AUTHORITY: A legal entity established by an interlocal cooperation agreement between the City of McPherson and McPherson County, Kansas for the express purpose of performing comprehensive management and operation of the McPherson City-County Airport. B. AIRPORT ELEVATION: 1,497 feet above mean sea level(msl). C. APPROACH SURFACE: A surface longitudinally centered on the extended runaway centerline, extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. D. APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONE: These zones are set forth in Section 3-100 herein. E. BOARD: The Board of Zoning Appeals of the City of McPherson. F. CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet and extending to a height of 350 feet above the airport elevation. G. HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. H. HEIGHT: For the purpose of determining the height limits in all zones set forth in these regulations and shown on the Airport Zoning Map, the datum shall be mean sea level elevation unless otherwise specified. I. HORIZONTAL SURFACE: A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to these arcs. (The Horizontal surface is established at 1,647 feet above mean sea level.) J. LARGER THAN UTILITY RUNWAY: 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. A-15

K. NONCONFORMING USE: Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of these regulations or an amendment thereto. L. NONPRECISION INSTRUMENT RUNWAY: A runway having an approved or planned straight-in instrument approach procedure which has no existing or planned precision instrument approach procedure. M. OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 3-101 herein and which thereby obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport and is otherwise hazardous to such landing and taking-off of aircraft. N. PERSON: Any individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, receiver, assignee, or similar representative of any of them. O. PLANNING COMMISSION: The McPherson City Planning Commission has been appointed by the City Commission to also serve as the Airport Zoning Commission for all property located within the corporate boundary of the City of McPherson. The McPherson County Planning Commission has been appointed by the Board of County Commissioners to also serve as the Airport Zoning Commission for all property located outside of the corporate boundary of the City of McPherson. P. 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 is set forth in Section 3-100 herein. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Q. RUNWAY: A defined area on an airport prepared for landing and take-off of aircraft along its length. R. STRUCTURE: Any object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, tanks, cranes, smokestacks, earth formation, and overhead transmission lines. S. TRANSITIONAL SURFACES: These surfaces slope 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 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 the sides of and the same elevation as the approach zones, and extending to where A-16

they intersect the conical surfaces. 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 5,000 feet measured at 90-degree angles to the extended runway centerline. T. TREE: Any object of natural growth. U. 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. V. VISUAL RUNWAY: A runway without an existing or planned straight-in instrument approach procedure. A-17

ARTICLE 3. AIRPORT ZONES AND HEIGHT LIMITATIONS 100 Airport Zones. In order to carry out the provisions of these regulations, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Airport, except as otherwise exempted by Section 1-103. Such zones are shown on the Airport Zoning Map consisting of one sheet, prepared by Delamater, Freund & Scherer, P.A., in February 1974, revised by Poe & Associates of Kansas, Inc., on August 22, 1980, and further updated by McPherson City staff and readopted by Ordinance No. 2963, dated July 21, 2008 which is incorporated into these regulations by reference 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 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (This zone applies to Runways 8-26.) B. Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Nonprecision 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 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (This zone applies to Runways 18-36.) C. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces. D. Horizontal Zone. The horizontal zone is established at 150 feet above the airport elevation, by swinging arcs of 10,000 feet 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 established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. 101 Airport Zone Height Limitations. Except as otherwise provided in these regulations, 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 limit herein established for such zone. Such A-18

applicable height limitations are hereby established for each of the zones in question as follows: A. Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward 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. (Applicable to Runways 8-26.) B. Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Non-precision Instrument Approach Zone. Slopes 34 feet outward for each foot upward 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. (Applicable to Runways 18-36.) C. Transitional Zones. Slope seven feet outward for each foot upward 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 which is 1,497 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. D. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 1,647 feet above mean sea level. E. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. F. Excepted Height Limitations. Except in the Approach Zones, nothing in these regulations shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land. A-19

ARTICLE 4. USE RESTRICTIONS AND NONCONFORMING USES 100 Use Restriction. Notwithstanding any other provisions of these regulations, no use may be made of land or water within any zone established by these regulations 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 bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the Airport. No sanitary landfill may be established, operated, or maintained within two miles of the airport boundary. 101 Nonconforming Uses. A. Regulations not Retroactive. These regulations shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to these regulations at their effective date, or otherwise interfere with the continuance of a non-conforming 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 these regulations, and is diligently pursued. B. Marking and Lighting. Notwithstanding the preceding provision of these regulations, the owner of any existing non-conforming 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 McPherson Airport Authority 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 Airport Authority. A-20

ARTICLE 5. PERMITS, ADMINISTRATION, ENFORCEMENT AND BOARD OF ZONING APPEALS 100 Permits. A. Future Uses. Except as specifically provided in subsections 1, 2, and 3 below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a zoning permit therefore shall have been applied for and approved. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined 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 approved. No permit for a use inconsistent with the provisions of these regulations shall be approved unless a variance has been approved in accordance with Section 5-101D hereof. 1. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required under these regulations for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. 2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. 3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this section except as set forth in Section 3-101G herein. B. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of these regulations or any amendments thereto or than it is when the application for a zoning permit is made. Except as indicated, all applications for such a permit shall be approved. A-21

C. Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no zoning permit shall be approved that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these regulations. D. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with these regulations, may apply to the Board of Zoning Appeals for a variance from such regulations. Each application for variance shall be accompanied by a determination from the Federal Aviation Administration of the U.S. Department of Transportation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of these regulations will result in unnecessary hardship and the relief granted, will not be contrary to the public interests will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of these regulations. Additionally, no application for variance to the requirements of these regulations may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Chairman of the Airport Authority and the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Authority and/or the Airport Manager does not respond to the application within 30 days after receipt, the Board of Zoning Appeals may act on its own to approve or not approve said application, including any reasonable conditions for approval which may be deemed necessary to effectuate the purposes of these regulations. E. Obstruction Marking and Lighting. Any zoning permit or variance approved may, if such action is deemed advisable to effectuate the purpose of these regulations and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and approved by the Governing Body, this condition may be modified to require the owner to permit the Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights. 101 Administration and Enforcement. It shall be the duty of the Zoning Administrator of the appropriate City or County jurisdiction to administer and enforce these regulations. Applications for permits, appeals, and variances shall be made to the Zoning Administrator upon forms provided for that purpose. Applications required by these regulations to be submitted shall be considered and approved or not approved in accordance with the procedures set forth in Article 9 of the City's Zoning Regulations or Article 9 of the County s Zoning Regulations depending upon jurisdiction, including the fee schedule. In issuing permits, technical advice may be requested from the Airport Authority, the Airport Manager A-22

and/or the Federal Aviation Administration.* Applications for action by the Board of Zoning Appeals shall be forthwith transmitted to said Board. *Note: FAA provides such a request form entitled, "Notice of Proposed Construction or Alteration." 102 Board of Zoning Appeals. In order to hear and decide appeals from any order, requirement, decision, or determination made by the administrator of these regulations; or to hear and decide specific variances thereto, the Board of Zoning Appeals shall follow procedures as set forth in Sections 10-106 and 10-107 of the City's or County s Zoning Regulations, depending upon jurisdiction. 103 Judicial Review. Any person aggrieved, or taxpayer affected by any decision of the Board of Zoning Appeals, may appeal within 30 days to the District Court as provided for in K.S.A. 3-709 and in Section 10-106 of the City's or County s Zoning Regulations, depending upon jurisdiction. A-23

ARTICLE 6. VIOLATIONS, CONFLICTING REGULATIONS, SEVERABILITY, AND EFFECTIVE DATE 100 Violations. Such violation of any of the provisions of these regulations shall constitute a misdemeanor and shall be punishable according to the provisions of Section 9-103 of the Zoning Regulations. 101 Conflicting Regulations. Where there exists a conflict between any of these regulations or limitations as prescribed herein and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail as provided for in Section 2-100B of the City's Zoning Regulations. 102 Severability. If any provisions of these regulations such as a section, subsection, sentence, clause, or phrase be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, then such provisions shall be considered separately and apart from the remaining provisions of these regulations, and said provisions to be completely severable from the remaining provisions of these regulations, and the remaining provisions of these regulations shall remain in full force and effect. 103 Effective Date. These regulations shall be in full force and effect from and after their adoption by the Planning Commission, approval by the Governing Body by an incorporating ordinance, and publication of such ordinance in the official city newspaper. ADOPTED by the McPherson City Planning Commission acting as the Airport Zoning Commission of the City of McPherson, Kansas on July 1, 2008. ATTEST: Chairperson Donna S. Lehner Secretary Gail Lauderdale APPROVED by the City Commission of the City of McPherson, Kansas on July 21. 2008 ATTEST: Mayor William J. Goering [SEAL] City Clerk Gary L. Meagher (Approved by Ordinance No. 2963 by the City Commission of the City of McPherson, Kansas, on July 21, 2008 and officially published on August 21, 2008.) A-24

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