[Ord. 2, 7-8-1997]
This chapter shall be known and may be cited as the "Tahlequah
Municipal Airport Zoning Ordinance."
[Ord. 2, 7-8-1997]
As used in this chapter, unless the context otherwise requires:
Tahlequah municipal airport.
Eight hundred seventy-one feet above mean sea level at the
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 centerline, 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 Section 12-704 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in Section 12-703 of this chapter.
The Tahlequah City board of adjustment as provided in Oklahoma
Statutes 3, Section 110, as amended.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 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 purposes 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 only 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 Section 12-704 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.
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 Section 12-703 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 90° angles to the runway
center line and the runway center line extends at a slope of seven
feet horizontally for each foot vertically from the sides of the primary
and approach surfaces to where they intersect the horizontal and conical
surfaces.
Any object of natural growth.
[Ord. 2, 7-8-1997]
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 Tahlequah
Municipal Airport. Such zones are shown on the Tahlequah Airport Zoning
Map consisting of one sheet, prepared by Horizon Engineering, Inc.,
and dated April 1997, which is attached to Ordinance 2 and made a
part thereof. 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 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.
B.
Runway Larger Than Utility With A Visibility Minimum Greater Than
Three-Fourths 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.
C.
Transitional Zones: The areas beneath the transitional surfaces.
D.
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
transition zones.
E.
Conical Zone: The conical zone is established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom
a distance of 4,000 feet.
[Ord. 2, 7-8-1997]
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 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 5,000 feet along the extended runway center line.
B.
Runway Larger Than Utility With A Visibility Minimum Greater Than
Three-Fourths 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.
C.
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 871 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 side of and at the same elevation as the approach surface, and
extending to where they intersect at the horizontal surface.
D.
Horizontal Zone: Established at 150 feet above the airport elevation.
E.
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.
[Ord. 2, 7-8-1997]
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.
[Ord. 2, 7-8-1997]
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 hereof, 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 hereof, 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 Tahlequah Joint Airport Zoning Board, 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 Tahlequah Municipal
Airport and the City.
[Ord. 2, 7-8-1997]
A.
Future Uses: Except as specifically provided in Subsections A1 through A3 of this Section, 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 Subsection D of this Section.
1.
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, because
of terrain, land contour, or topographical features, such structure
or tree 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 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.
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 structure or tree less than 75 feet of vertical height above
the ground, except when such structure or tree, because of terrain,
land contour, or topographical features, would extend above the height
limit prescribed for such transition zones.
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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 except as set forth in Subsection 12-704E of this chapter.
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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 hereof or any amendments hereto or than it is when
the application for permit is made. Except as indicated, all applications
for such permit shall be granted.
C.
Nonconforming Uses Abandoned Or Destroyed: Whenever the Tahlequah
Joint Airport Zoning Board 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.
D.
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 Airport
Zoning Commission for advice as to the aeronautical effect of the
variance. If the Airport Zoning Commission 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.
E.
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. If deemed proper by the Board of Adjustment,
this condition may be modified to require the owner to permit the
City, at its own expense, to install, operate, and maintain the necessary
markings and lights.
[Ord. 2, 7-8-1997]
It shall be the duty of the Tahlequah Joint Airport Zoning Board,
to administer and enforce the regulations prescribed herein. An application
for permits or variances shall be made to the Airport Zoning Board
on a form published for that purpose. Applications required by this
chapter shall be submitted to the chairman, Airport Zoning Board,
promptly considered, and a recommendation made to grant or deny said
application.
[Ord. 2, 7-8-1997]
A.
As required by Oklahoma Statutes 3, Section 110, for purposes of
this chapter the City Board of Adjustment will act as the Board of
Adjustment to have and exercise the following powers: 1) to hear and
decide appeals from any order, requirement, decision, or determination
made by the Joint Airport Zoning Board, in the enforcement of this
chapter; 2) to hear and decide special exceptions to the terms of
this chapter upon which such Board of Adjustment under such regulations
may be required to pass; and 3) to hear and decide specific variances.
B.
The Board of Adjustment shall make written findings of facts and
conclusions on law giving the facts upon which it acted and its legal
conclusions from such facts in reversing, affirming, or modifying
any order, requirement, decision, or determination which comes before
it under the provisions of this chapter.
C.
The concurring vote of a majority of the members of the Board of
Adjustment shall be sufficient to reverse any order, requirement,
decision, or determination of the Joint Airport Zoning Board, or to
decide in favor of the applicant on any matter upon which it is required
to pass under this chapter, or to effect variation to this chapter.
[Ord. 2, 7-8-1997]
A.
Any person aggrieved, or any taxpayer affected, by any decision of
the Joint Airport Zoning Board, 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 chairman,
Airport Zoning Board, a notice of appeal specifying the grounds thereof.
The chairman, Airport Zoning Board, shall forthwith, transmit to the
Board of Adjustment all the papers constituting the record upon which
the action appealed was taken from.
C.
An appeal shall stay all proceedings in the furtherance of the action
appealed from unless the chairman, Airport Zoning Board 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 chairman, Airport Zoning Board, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed except by order of the Board of Adjustment or notice
to the chairman, Airport Zoning Board, 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.
[Ord. 2, 7-8-1997]
As provided in Oklahoma Statutes 3, Section 111, any person
aggrieved, or any taxpayer affected by any decision of the Board of
Adjustment, and who is of the opinion that the decision is illegal,
may appeal to the District Court.
[Ord. 2, 7-8-1997]
Each violation of this chapter or of any regulation, orders,
or rulings promulgated by the political subdivision, Joint Airport
Zoning Board, Board of Adjustment or the Oklahoma Aeronautics Commission
pursuant to this chapter, shall constitute a misdemeanor and shall
be punishable by a fine of not more than $500 or 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 purpose of this chapter and of the regulations
adopted and orders and rulings made pursuant thereto.
[Ord. 2, 7-8-1997]
In any case where a conflict in regulations established by this
chapter arises, the provisions of Title 3, Oklahoma Statutes, the
airport zoning act, shall take precedence.
[Ord. 2, 7-8-1997]
In any case in which: a) it is desired to remove, lower, or
otherwise terminate a nonconforming structure or use; or b) the approach
protection necessary cannot, because of constitutional limitations,
be provided under this chapter; or c) 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, 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 of nonconforming structure or use in question
as may be necessary to effectuate the purpose of this chapter.
[Ord. 987-2002, 6-18-2002]
A.
Restriction: No person may operate a motor vehicle on the airport
in a careless or reckless manner. All nonflying vehicles are restricted
from the runway and taxiways except for emergency or runway maintenance
vehicles. No vehicle shall be parked on the airport except in those
areas specifically designated for parking or as otherwise authorized
by the airport manager and provided that such parking areas are clear
of any area required for aircraft operations. The provisions of this
regulation shall not be construed as a restriction on the parking
of vehicles on any private or commercial lease holding located on
the airport provided that such parking does not obstruct the movement
or operation of aircraft or other vehicles in adjoining areas.
B.
Penalties: Each violation of this section shall constitute a misdemeanor
and shall be punished by a fine of not more than $500; each day a
violation continues to exist shall constitute a separate violation.
