[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:
AIRPORT
Tahlequah municipal airport.
AIRPORT ELEVATION
Eight hundred seventy-one feet above mean sea level at the 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 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.
BOARD OF ADJUSTMENT
The Tahlequah City board of adjustment as provided in Oklahoma Statutes 3, Section 110, as amended.
CONICAL SURFACE
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.
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 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.
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 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 any other object, including a mobile object, which exceeds a limiting height set forth in Section
12-704 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.
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 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.
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 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.
TREE
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]
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]
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.