[Added 10-15-2018 by L.L.
No. 3-2018]
The Common Council deems it necessary to adopt these regulations
as an exercise of the police power in order to promote the health,
safety and general welfare of the inhabitants of the City by preventing
the creation or establishment of airport hazards, thereby protecting
the lives and property of the users of the Hornell City Airport and
the occupants of the land in the vicinity of said airport and the
public investment therein.
Except where the context otherwise requires, the following definitions
shall govern the construction of this article:
Any area designated and set aside for the landing and taking
off of aircraft, and utilized or to be utilized in the interest of
the public for such purposes, a map of which has been or is hereafter
included as a part of the Airport Zoning Map of the City of Hornell.
Any structure, tree or use of land which obstructs the airspace
required for the flight of aircraft in landing or taking off at an
airport or is otherwise hazardous to such landing or taking off of
aircraft.
The elevation of the highest point on the usable or designed
runway as established by the City's Designee.
The point established at the approximate geographic center
of the airport landing area and so designated.
Used for the purpose of determining height limits in all
zones set forth in this article, means the vertical elevation in feet
above the established airport elevation unless otherwise stated.
The area of the airport used, or to be used, for the landing,
taking off or taxiing of aircraft.
Any structure, tree or use of land which does not conform
to the provisions of this article at the time this article is made
applicable to a particular airport.
Any individual, firm co-partnership, corporation, company,
association, joint stock association, city, county or district, and
includes any trustee, receiver, assignee or other similar representative
thereof.
The paved surface of an airport landing area designated for
the landing or taking off of aircraft.
Any object constructed, installed or placed on real property
by man including, but not limited to, buildings, towers, smokestacks
and overhead lines.
Any object of natural growth.
The Zoning Board of the City of Hornell.
Six types of zones, and the height limits for said zones, are hereby established for the purpose of airport zoning. Except as otherwise provided in this article no structure or tree shall be erected, altered, allowed to grow or maintained in any zone to a height in excess of the height limit established for such zone. The datum plane for measurement of such height in excess of the height limit established for such zone. The datum plane for measurement of such height, except as otherwise specified herein, shall be based on the airport elevation, as defined by § 315-42. Said zones are as follows:
A.
Runway safety area. A surface, and the airspace above it, rectangular in shape, longitudinally centered on the runway and extending in length 300 feet beyond the ends of the runway. The runway safety area shall have an elevation, at any point along its longitudinal profile, coincident with the runway centerline or centerline prolongations as appropriate. The runway safety area shall have the width specified on each map adopted pursuant to § 315-44.
B.
Protection zone: A plane surface, and the airspace above it, trapezoidal in shape, longitudinally centered on the prolongation of the runway centerline, beginning at each end of each landing zone, coinciding in width with the landing zone where they join. The height and width of the approach zone shall be specified on each map adopted pursuant to § 315-44.
C.
Transition surface zone: A plane surface, and the airspace above
it, rectangular in shape, lying adjacent and parallel to each side
of each landing zone, having a length equal to the landing zone and
extending outward and upward, at right angles to the runway centerline,
at a slope of seven to one to a height of 150 feet above the established
airport elevation.
D.
Nonprecision approach zone: A plane surface, and the airspace above
it, triangular in shape, lying adjacent to each side of each approach
zone and at each end of each landing transition zone, coinciding in
height with the approach zone and landing transition zone where they
join and extending outward and upward, at right angles to the prolongation
of the runway centerline, at a slope of seven to one to a maximum
height of 150 feet above the established airport elevation or to the
conical zone surface, whichever is higher.
E.
Horizontal surface: A horizontal circular plane surface, and the airspace above it, 150 feet above the established airport elevation, its radius point being the airport reference point and having the radius specified on each map adopted pursuant to § 315-44. The horizontal surface does not include the runway safety area, protection zone or transition surface zones.
F.
Conical surface: A conical surface of an inverted conical fustrum, and the airspace above it, its minor base being coincidental with the periphery of the horizontal surface and extending outward and upward, radially to its axis, at a slope of 20 to one for the horizontal distance specified on each map adopted pursuant to § 315-44. The conical surface does not include the protection zone or the nonprecision approach zone.
A.
The several zones established by § 315-43 of this article shall be shown and delineated on the Airport Master Plan of the City of Hornell which is hereby adopted. Said Master Plan, for convenience and identification, is divided into parts corresponding to the operational areas of the respective airports included within the provisions of this article. Additional parts of the Airport Master Plan may be adopted from time to time by ordinance. Each part of the Airport Master Plan of the City of Hornell hereby adopted or hereafter adopted by ordinance shall be described by a descriptive title sufficient to identify the subject and the location and shall contain a map and diagrams including a plot plan of the subject airport showing the location, direction and dimensions of all runways, the location and dimensions of all zones described in § 315-43 of this article and the specific values applied to said zones in accordance with the formulas established for the regulation of heights pursuant to § 315-43.
B.
The Airport Master Plan and amendments or additional parts thereof
adopted pursuant to this article shall not be included in or made
a part of this Code.
A.
The Zoning Board is hereby designated as the agency for the administration
and enforcement of this article.
B.
The Zoning Board shall not issue building permits for the construction, reconstruction or structural alteration of any structure within any of the zones established by § 315-43 if said construction, reconstruction or structural alteration would result in violation of the restrictions imposed on said zoned by this article. Any building permit issued in violation of the provisions of this subsection shall be null and void.
The provisions of this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree which did not conform to the provisions of this article at the time this article was made applicable or to authorize interference with the continuance of any such nonconforming use except as provided in § 315-43. Nothing contained in this article shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was commenced prior to the date this article was made.
Before that portion of any nonconforming structure which exceeds the height limitation established by the Airport Master Plan and § 315-43 may be structurally altered and before any nonconforming structure or tree may be replaced, reconstructed, allowed to grow higher or replanted, a permit must be secured from the Zoning Board authorizing such structural alteration, replacement, reconstruction or change. Those portions of an existing nonconforming structure below the applicable height limitations may be structurally altered, repaired and added to, and those portions of an existing nonconforming structure above the applicable height limitation may be repaired and minor replacements made therein, without securing such a permit unless such structural alteration, repair, addition or minor replacement would increase the height of the structure or enlarge that portion of the structure which exceeds the applicable height limitation. No such permit shall be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the date that this article was made applicable to the airport or than it was when the application for a permit was made, but all other applications for such permits shall be granted.
If practical difficulties, unnecessary hardships or results
inconsistent with the general purpose of this article result through
the strict and literal interpretation and enforcement of this article
then the Zoning Board shall have the authority to grant a variance
from the provisions of this article such as may be in harmony with
its general purpose and intent, so that the spirit of this article
shall be observed, public safety and welfare served and substantial
justice done.
The Zoning Board shall grant a permit or a variance under the
provisions of this article only upon the filing of a written application
therefore by the owner of the real property affected or his authorized
representative. The Zoning Board shall prescribe the form of applications
for such permits and variances. At the time of filing his application,
the applicant shall pay a fee to defray the expense of postage, publication
and the mailing of the notice of hearing, and other expenses incidental
to the proceedings. The amount of said fee shall be established, and
may be modified from time to time, by resolution of the Common Council.
No part of said fee shall be returned to the applicant regardless
of whether the applicant subsequently withdraws his application for
such permit or variance.
Before granting a permit or variance the Zoning Board shall
hold at least one public hearing. Notice of such public hearing shall
be given by publishing a notice of such hearing setting forth the
time and place of the hearing and the nature of the permit or variance
requested, in a newspaper of general circulation published in the
City, once, not less than 10 days prior to the date of such public
hearing, and by mailing a copy of the published notice of said hearing,
not less than 10 days prior to the date of such public hearing, to
the management of the airport affected and to all owners of property
within 300 feet of the exterior boundaries of the property on which
the structure or tree is located for which the permit or variance
is requested. When mailing notices of said hearings to the property
owners, the Zoning Board shall use the last known names and addresses
of such owners as the same are shown on the assessment roll of Hornell
City. After the public hearing the Zoning Board shall, by resolution,
grant or deny the permit or variance and said resolution shall recite
in full the findings upon which the Zoning Board granted or denied
such permit or variance. A copy of such resolution shall be mailed
to the applicant at the address shown upon the written application
and to the appropriate airport management. A copy of such resolution
shall also be delivered to the Common Council. The action of the Zoning
Board on an application for a permit or variance shall be final and
conclusive 10 days after said resolution is mailed to the applicant.
Any variance or permit granted pursuant to the provisions of
this article may be allowed subject to any reasonable conditions that
the Zoning Board may deem necessary to effectuate the purpose of this
article. If such action is deemed advisable to effectuate the purpose
of this article and reasonable under the circumstances, any such variance
or permit may be so conditioned as to require the owner of the structure
or tree to permit the appropriate airport management, at its own expense,
to install, operate and maintain thereon such markers and lights as
may be necessary to indicate to flyers the presence of an airport
hazard. Any variance or permit which is granted, subject to any conditions,
shall be deemed to be automatically revoked if any of the conditions
are violated.
If there is a conflict between this article and any other laws
or ordinances applicable to the same area or parcel of land, 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.
Every person violating any provision of this article or of any
permit or variance granted pursuant to this article is guilty of a
misdemeanor, and upon conviction thereof shall be punishable by a
fine of not more than $300 or by imprisonment in the county jail for
not more than 15 days, or by both such fine and imprisonment. Such
person shall be deemed guilty of a separate offense for each and every
day during any portion of which any violation of this article is committed,
continued or permitted by such person, and shall be punishable therefore
as hereinabove provided.
