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City of El Reno, OK
Canadian County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of El Reno 2-14-2017 by Ord. No. 9104. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 361.
This chapter shall be known and may be cited as "El Reno Regional Airport Zoning Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
AIRPORT
El Reno Regional Airport.
AIRPORT ELEVATION
One thousand four hundred thirty feet above mean sea level at the ultimate highest point on the runway surface.
AIRPORT HAZARD
Any structure or 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.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
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 § 362-4 of the chapter. In plane, the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, CONICAL, HORIZONTAL AND TRANSITIONAL ZONES
These zones are set forth in § 362-3 of this chapter.
BOARD OF ADJUSTMENT
The El Reno Board of Adjustment.
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 significant adverse impact 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 chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
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 the use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with 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 any other object, including a mobile object, which exceeds a limiting height set forth in § 362-4 of this chapter.
PERSON
Any individual firm, partnership, corporation, company, association, joint stock association, or governmental entity and includes any trustee, receiver, assignee, or any other similar representative thereof.
POLITICAL SUBDIVISION
Any municipality, city, town, village, or county.
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 layout plan or any other planning document.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; when the runway has no specifically 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 § 362-3 of this chapter. 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
Any 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 SURFACES
These surfaces extend outward at ninety-degree angles 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 approaches surfaces to where they intersect the horizontal and conical surfaces.
TREE
Any object of natural growth.
UTILITY RUNWAY
Any 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 operations of aircraft using visual approach procedures.
In order to carry out the provisions of this chapter, 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 El Reno Regional Airport. Such zones are shown on the El Reno Regional Airport's Airport Airspace Drawing[1] consisting of one sheet, prepared by LBR Inc. and dated October 2004, or latest FAA-approved version of the Airspace Drawing when it is updated, which is attached to this chapter and made a part hereof. An area located in more that 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 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 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 a Visibility Minimum As Low As 3/4 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 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
G. 
Transitional Zones. The areas beneath the transitional surfaces.
H. 
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.
I. 
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.
[1]
Editor's Note: Said drawing is included as an attachment to this chapter.
Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter 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 a Visibility Minimum Greater Than 3/4 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 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.
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. 
Transitional Zones: 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 1,580 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 at 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.
H. 
Horizontal Zone: established at 150 feet above the airport elevation at a height of 1,580 feet above mean sea level.
I. 
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.
Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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.
A. 
Regulations not retroactive. The regulations prescribed by this chapter 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 chapter, or otherwise interfere with the continuance of a 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 chapter, and is diligently prosecuted.
B. 
Marking and lighting. Notwithstanding the preceding provisions 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 El Reno Airpark Authority, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. Such markers and lights shall be installed, operated, and maintained at the expense of the El Reno Regional Airport and the City of El Reno.
Permits shall be required for the erection of any structure or tree within the area covered by these regulations as provided for below:
A. 
Future uses.
(1) 
Except as specifically provided in Subsection A(1)(b) and (c) hereunder, no material change shall be made in the use of the 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. Each application for 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 use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 362-7E.
(a) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any structure or tree less than 75 feet of the vertical height above the ground, except when such structure or tree would extend above the height limits prescribed for such zones.
(b) 
In areas lying within the limits of the approach zones, but at a horizontal distance of no less than 4,200 feet from each end of the runway, no permit shall be required for any structure or tree less than 75 feet of vertical height above the ground, except when such structures or tree would extend above the height limit prescribed for such approach zones.
(c) 
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 structure or tree less than 75 feet of vertical height above the ground, except when such structure or tree would extend above the height limit prescribed for such transition zones.
(2) 
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 chapter.
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 chapter or any amendments thereto or than it is when the application for permit is made. Except as indicated, all applications for such permit shall be granted.
C. 
Plans review. The El Reno Community Development Department, acting in the capacity of evaluating applications for building permits, will review all building permit applications to determine compatibility with this chapter. If the El Reno Community Development Department determines that an airport impact permit is required for any new or existing structure, said office will forward the plans for the permit to the El Reno City Council for review and approval, prior to issuing a City building permit.
D. 
Nonconforming uses abandoned or destroyed. Whenever the El Reno Community Development Department determines that a nonconforming structure or tree 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.
E. 
Variances. Any person desiring to erect or increase the height of any structure, or allow the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Board of Adjustment for a variance from such regulations. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe and 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 chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the administrative agency for advice as to the aeronautical effect of the variance. If the administrative agency does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
F. 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in its 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 per Federal Aviation Administration Advisory Circular 70/7460-1. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the City of El Reno, at its own expense, to install, operate, and maintain the necessary markings and lights.
It shall be the duty of the City Clerk of the City of El Reno, or his/her designee, to administer and enforce the regulations prescribed herein. An application for permits or variances shall be made to the Administrator on a form published for that purpose. Applications required by this chapter to be submitted to the Administrator shall be promptly considered and a determination to grant or deny said application forwarded to the applicant.
A. 
Any person aggrieved, or any taxpayer affected, by any decision of the Administrator, made in the administration of this chapter, may appeal to the Board of Adjustment.
B. 
All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the Administrator a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
C. 
An appeal shall stay all proceedings in the furtherance of the action appealed from unless the Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the Administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Administrator and on due cause shown.
D. 
The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, including the Oklahoma Aeronautics Commission, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
E. 
The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.
As provided in 3 O.S. § 111, any person aggrieved, or any taxpayer affected by any decision of the Administrator, and who is of the opinion that the decision is illegal, may appeal to the District Court.
Each violation of this chapter or of any regulation, orders, or rulings promulgated by the political subdivision pursuant to this chapter, shall constitute a misdemeanor and shall be punishable by a fine of not more than $500 or imprisonment for not more than one year in the county jail, or both such fine and imprisonment. Each day a violation continues to exist shall constitute a separate violation. In addition, the Joint Airport Zoning Board may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter, or of any airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is 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.
In any case in which: 1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or 2) the approach protection necessary cannot, because of constitutional limitations, be provided under this chapter; or 3) it appears advisable that the necessary approach protection be provided by acquisition of the property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located, or by the City of El Reno, as owner of the airport, may acquire, by purchase, grant, or condemnation in the manner provided under the law for such public purposes, such air rights, aviation easements, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purpose of this chapter.
If any of the provisions of this chapter or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.
Whereas, the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, public safety, and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the City Council of the City of El Reno, Oklahoma.