[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:
El Reno Regional Airport.
One thousand four hundred thirty feet above mean sea level
at the ultimate highest point on the runway surface.
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.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided in this chapter.
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.
These zones are set forth in § 362-3 of this chapter.
The El Reno Board of Adjustment.
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.
An obstruction determined to have a significant adverse impact
on the safe and efficient utilization of the navigable airspace.
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.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
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.
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.
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.
Any structure, growth, or any other object, including a mobile object, which exceeds a limiting height set forth in § 362-4 of this chapter.
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.
Any municipality, city, town, village, or county.
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.
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.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
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.
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.
Any object of natural growth.
Any runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
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.
