[Amended 10-7-2014 by Ord. No. 14-03(a]
This article is intended to promote the use and development of land in a manner that is compatible with the continued operation and utility of the Henderson City-County Airport so as to protect the public investment in and benefit provided by the facility to the region. The article also protects the public health, safety, convenience and general welfare of citizens who utilize the facility or live and work in the vicinity by preventing the creation or establishment of obstructions or incompatible land uses that are hazardous to the airport's operation or public welfare. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Henderson City-County Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums for the Henderson City-County Airport; and maneuvering of aircraft, thus tending to destroy or impair the utility of the Henderson City-County Airport and the public investment therein. Accordingly, it is declared:
A. 
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Henderson City-County Airport.
B. 
That it is necessary in the interest of the health, safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented.
C. 
That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
D. 
It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in the land.
Unless otherwise specifically defined in this article or otherwise clearly indicated by their context, terms in this article shall be defined as follows:
AIRPORT
Henderson City-County Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level.
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, 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 § 28.04 of this article. In plan the perimeter of the approach coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
These zones are set forth in § 28.03 of this article.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this article and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT PRIMARY SURFACE
The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
HORIZONTAL SURFACE
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
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY
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 nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in § 28.04 of this article.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface exceeds 200 feet beyond each end of the runway; for military runways when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at the end of the runway. The width of the primary surface is set forth in § 28.03, Airport zones, of this Article. 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 including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
TRANSITIONAL SURFACE
These surfaces extend outward at a ninety-degree angle to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect with 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 ninety-degree angles to the extended runway center 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 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
In order to carry out the provisions of this article, 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 Henderson City-County Airport Zoning Map consisting of the Henderson City-County Airport Airspace Plan and Land Use Plan Sheets. 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 center line is 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 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 center line is the continuation of the center line of the runway.
C. 
Runway larger than utility visual 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 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
D. 
Runway larger than utility with visibility minimum greater than 3/4 of 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 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
E. 
Runway larger than utility with visibility minimum as low as 3/4 of mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 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 center line is the continuation of the center line of the runway.
F. 
Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
G. 
Heliport approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 50 feet wide. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.
H. 
Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface exceeds 200 feet beyond each end of the runway; for military runways when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at the end of the runway. The width of the primary surface is set forth in § 28.03, Airport zones, of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
I. 
Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
J. 
Heliport transitional zones. These zones extend outward from the sides of the primary surface and the heliport approach zones, a distance of 250 feet from the primary surface center line and the heliport approach zone center line.
K. 
Horizontal zone. The horizontal zone is established 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.
L. 
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.
M. 
Navigable airspace zone. That airspace which begins at ground level and overlies all of Henderson City and the County.
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 this article 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 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 center line.
B. 
Utility runway nonprecision instrument 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 center line.
C. 
Runway larger than utility 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 center line.
D. 
Runway larger than utility with visibility minimum greater than 3/4 of mile nonprecision 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 center line.
E. 
Runway larger than utility with a visibility minimum as low as 3/4 of mile 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 center line.
F. 
Precision instrument runway approach zone: slopes 50 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 center line; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
G. 
Heliport approach zone: slopes eight feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone center line.
H. 
Transitional zone: slopes 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 386 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 at the same elevation as the approach surface, 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 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 ninety-degree angles to the extended runway center line.
I. 
Heliport transitional zone: slopes two feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from and at ninety-degree angles to the primary surface center line and heliport approach zones center line.
J. 
Horizontal zone: established at 150 feet above the airport elevation or at a height of 536 feet above mean sea level.
K. 
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.
L. 
Navigable airspace zone: established at 200 feet above ground level (AGL) at all points in the County except those encompassed by other airport zones defined herein.
M. 
Excepted height limitations: Nothing in this article 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.
Notwithstanding any other provisions of this article, 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 bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, maneuvering of aircraft intending to use the airport.
A. 
Regulations not retroactive. The regulations prescribed by 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 article, or otherwise interfere with the continuance of 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 of this article, 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 Commissioner, Department of Aviation, Kentucky Transportation Cabinet and the Kentucky Airport Zoning Commission, 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 Henderson City-County Air Board, the Kentucky Transportation Cabinet and the Aviation Administration, jointly or severally.
A. 
Future uses. Except as specifically provided in the subsections hereunder, 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 permit therefor shall have been applied for and granted by the Board of Zoning Adjustment and the Kentucky Airport Zoning Commission. 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 granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved as provided herein.
(1) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required 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.
(4) 
In areas lying outside other airport zones but within navigable airspace, no permit shall be required for the establishment of structures which extend less than 200 feet in height above the ground.
(5) 
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 except as set forth in § 28.04.
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 this article or any amendments thereto 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 or destroyed. Whenever the enforcement officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
D. 
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any street, or use property, not in accordance with the regulations prescribed in this article, may apply to the Board of Zoning Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration and Kentucky Airport Zoning Commission 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 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 Adjustment unless a copy of the application has been furnished to the Henderson City-County Air Board for advice as to the aeronautical effects of the variance. If the Henderson City-County Air Board does not respond to the application within 15 days after receipt, the Board of Zoning Adjustment may act on its own to grant or deny said application.
E. 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article 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 Adjustment, this condition may be modified to require the owner to permit the Henderson City-County Air Board, at its own expense, to install, operate, and maintain the necessary markings and lights.
F. 
Air Board review. No permit shall be granted for any structure subject to this article prior to the review of the application for permit by the Henderson City-County Air Board and Kentucky Airport Zoning Commission as provided for herein. All such applications shall be submitted to the Air Board by the Executive Director of the Henderson City-County Planning Commission within five days of receipt of the application from the applicant. The Air Board shall have 15 days thereafter to review/comment upon the application. Any negative comments shall be submitted in writing to the Executive Director, Henderson City-County Planning Commission.