The AV Aviation Overlay District is intended to provide for
the safe operation of aircraft into and out of Seward Municipal Airport,
located in Section 5, Township 10 North, Range 3 East in Seward County,
Nebraska. The district provides special regulations to maintain adequate
clearance and to eliminate potential hazard, safety, and development
conflicts between airport operations and surrounding development.
The following additional regulations shall apply to such lands within
the corporate limits of Seward, Nebraska and its two-mile zoning jurisdiction
within the area of three miles in all directions from the boundaries
of any airport. This area within three miles of the boundaries of
said airport shall be known as the "airport hazard area" and shall
be regulated as follows.
A.
Detailed description of hazard area. The hazard area consists of
approach and operation zones, transition zones, and turning zones.
(1)
The outer boundary of the hazard area is composed of a series
of connected tangents and simple curves which also constitute the
outer boundaries of the approach and turning zones.
(2)
The inner boundary of the hazard area is a boundary consisting
of a series of intersecting tangents, 500 feet from and parallel to
the center line of the instrument runway or landing strip and 250
feet from and parallel to the respective center lines of all other
runways or landing strips and connecting the inner boundaries of adjacent
approach zones at the ends of the runways, landing strips or proposed
runways or landing strips.
B.
Zone descriptions.
(1)
An operation zone shall be located at each end of each existing
or proposed runway, landing strip or other portion of the airfield
used regularly, or to be used regularly, for the landing or taking
off of airplanes. Such approach zones shall begin 200 feet beyond
the ends of their respective strips and at such beginning shall be
1,000 feet in width for the instrument runway or landing strip and
500 feet in width for all other runways and landing strips. The approach
zones shall begin at the ends of their respective operation zones
and shall extend and expand uniformly centered along the extended
center line of the respective landing strip, to the outer boundary
of the approach zone at a rate of 30 feet of width for each 100 feet
of horizontal length for the instrument runway or landing strip and
20 feet of width for each 100 feet of horizontal length of all other
runways.
(a)
The inner area of each approach zone shall be that portion of the
approach zone beginning 200 feet beyond the end of the respective
or proposed landing strip and extending to the intersection of the
controlling glide angle with a plane 150 feet above the highest elevations
of the end of the respective runway or landing strip.
(b)
The outer area of each approach zone shall be the area between the
inner area of the approach zone and the outer limit of the approach
zone.
(2)
The transition zones shall be the areas bounded by the inner
boundary of the hazard area, the sides of contiguous inner areas of
approach zones and the outer limits of the transition zones; said
outer limits of the transition zones being the intersections, at elevations
of 150 feet above the highest elevation at the ends or edges of the
closest runway or landing strip, or proposed runway or landing strip,
of a series of contiguous planes originating from bases established
by the inner boundary of the hazard area and the edges of adjacent
inner areas of approach zones; said planes rising from their respective
bases at the rate of one foot vertically to seven feet horizontally
to the lines of intersection previously referred to.
(3)
The turning zones shall comprise all portions of the hazard
area not contained in the approach zones and in the transition zones.
The outer limits of the turning zones shall be a series of points
forming a line which is a horizontal distance of three statute miles
from the nearest points of the airport's property line boundary.
A.
Height regulations. No building, transmission line, communication
line, pole, tree, smokestack, chimney, wires, tower or other structure
or appurtenance thereto of any kind or character shall hereafter be
erected, constructed, repaired or established, nor shall any tree
or other object of natural growth be allowed to grow:
(1)
In inner areas of approach zones to a height above the elevation
of the nearest point on the end or proposed end of said instrument
runway or landing strip in excess of 1/50 and all other runways or
landing strips in excess of 1/40 of the distance from the end of the
approach zone to said structure or object.
(2)
In the outer area of approach zones and in turning zones to
a height in excess of 150 feet above the elevation at the end or proposed
end of the nearest runway or landing strip.
(3)
In the transition zones to a height above the planes forming
the transition slopes.
(4)
In the existing or proposed operation zones to a height above
the existing or proposed finished grade of said runways or landing
strips or the surface of the ground.
B.
Exceptions. In the outer area or approach zones and within the turning
zones, these height regulations shall not apply to construction or
planting which is no higher than 75 feet above the elevation of the
end of the nearest runway or landing strip.
A.
Permit required. It shall hereafter be unlawful to erect, construct,
reconstruct, repair or establish any building, transmission line,
communication line, pole, tree, tower, smokestack, chimney, wires
or other structure or appurtenance thereto of any kind or character
or to plant or replant any tree or other object of natural growth
within the boundary of the hazard area of said airport without first
obtaining a permit from the Building Official of Seward, Nebraska.
B.
Application forms. Application for a permit as required under these
regulations shall be made upon a form to be available in the office
of the Building Official, Seward, Nebraska, and shall indicate the
approximate location, ground elevation with reference to the elevation
at the end of the nearest runway or landing strip and height of the
proposed structure or planting.
A.
Nonconforming structures. Within the hazard area as hereinbefore
defined, no nonconforming building, transmission line, communication
line, pole, tree, tower, smokestack, chimney, wires or other structure
or appurtenance thereto of any kind or character or object of natural
growth shall hereafter be replaced, substantially reconstructed, repaired,
altered, replanted or allowed to grow, as the case may be, to a height
which constitutes a greater hazard to air navigation than existed
before these regulations were adopted; if such structures or objects
of natural growth have been torn down, destroyed, have deteriorated
or decayed to an extent of 80% or more, or abandoned for a period
of 12 months or more. "Transmission lines" and "communication lines"
as referred to in these regulations shall be interpreted to mean all
poles, wires, guys and all other equipment necessary for the operation
and maintenance of same within the zone regulated.
B.
Marking of nonconforming structures. Whenever the Building Official
shall determine, or shall be notified by the Joint Zoning Board or
the Nebraska Department of Aeronautics, that a specific nonconforming
structure or object exists and has existed prior to the passage of
these regulations and within the zones area hereinbefore described
at such height or in such position as to constitute a hazard to the
safe operation of aircraft landing at or taking off from said airport,
the owner or owners and the lessor or lessors of the premises on which
such structure or object is located shall be notified in writing by
the Building Official and shall within a reasonable time permit the
marking thereof by suitable lights or other signals designated by
the Building Official. The cost of such marking shall not be assessed
against the owner or lessor of said premises.
A.
Administrative agency. The Building Official of the City of Seward,
Nebraska, shall administer and enforce these regulations and shall
be the administrative agency provided for in Neb. RS 3-319, and shall
have all the powers and perform all the duties of the administrative
agency as provided by the Joint Airport Zoning Board.
B.
Board of Adjustment. The Board of Adjustment of the City of Seward,
Nebraska, shall be the Board of Adjustment with respect to these regulations,
to have and exercise the powers conferred by Neb. RS 3-320, and such
other powers and duties as are conferred and imposed by law.
