This title shall be known and may be cited as the Central Wyoming
Regional Airport Hazard Zoning Ordinance.
(Prior code Appx. C § 1; Ord. 20-011 § 2, 2021)
As used in this title, unless the context otherwise requires:
means the Central Wyoming Regional Airport.
means the highest point of an airport's usable landing area
measured in feet from mean sea level.
means any structure or object of natural growth located on
or in the vicinity of a public airport, or any use of land near such
airport, which obstructs the airspace required for the flight of aircraft
in landing or takeoff at such airport or is otherwise hazardous to
such landing or takeoff of aircraft.
These zones apply to the area under the approach, transitional,
horizontal, and conical surfaces defined in FAR Part 77.
means a board consisting of nine members appointed by the
city council as provided in Resolution 183, adopted by the city council
on November 18, 1974, and Resolution 183-A adopted on March 17, 1975.
means the city of Riverton, Wyoming.
means the person appointed as community development director
for the city of Riverton, Wyoming.
For the purpose of determining the height limits in all zones
set forth in this title and shown on the zoning map, the datum shall
be mean sea level elevation unless otherwise specified.
means any pre-existing structure, object of natural growth,
or use of land which is inconsistent with the provisions of this title
or an amendment thereto.
means 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, and for
which no precision approach facilities are planned or indicated on
an FAA planning document or military service's military airport planning
document.
means an individual, firm, partnership, corporation, company,
association, joint stock association, or governmental entity. It includes
a trustee, receiver, assignee, or similar representative of any of
them.
means 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 FAA approved airport layout
plan; a military service's approved military airport layout plan;
any other FAA planning document, or military service's military airport
planning document.
means a surface longitudinally centered on a runway. When
the runway has a specially prepared hard surface, the primary surface
extends 200 feet beyond each end of that runway; but when the runway
has no specially prepared hard surface, or planned hard surface, the
primary surface ends at each end of that runway. The width of the
primary surface of a runway will be that width prescribed in Part
77 of the Federal Aviation Regulations (FAR) for the most precise
approach existing or planned for either end of that runway. The elevation
of any point on the primary surface is the same as the elevation of
the nearest point on the runway centerline.
means a defined area on an airport prepared for landing and
takeoff of aircraft along its length.
means an object constructed or installed by a person, including,
but without limitation, buildings, towers, smokestacks, earth formations
and overhead transmission lines.
means any object of natural growth.
means a runway that is constructed for and intended to be
used by propeller driven aircraft of 12,500 pounds maximum gross weight
and less.
means a runway intended solely for the operation of aircraft
using visual approach procedures with no straight-in instrument approach
procedure and no instrument designation indicated on an FAA approved
airport layout plan, a military service's approved military airport
layout plan, or by any planning document submitted to the FAA by competent
authority.
(Prior code Appx. C § 2; Ord. 18-002 § 1, 2018; Ord. 20-011 § 2, 2021)
In order to carry out the provisions of this title, there are
created and established certain zones which include all of the land
lying within the approach zones, transitional zones horizontal zones
and conical zones as they apply to a particular airport. Such zones
are shown on the Central Wyoming Regional Airport Hazard Zoning Map
consisting of one sheet, prepared by HNB, Consulting Engineers, Cheyenne,
Wyoming, which is attached to the ordinance codified in this chapter
and made a part hereof by reference. 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 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
centerline is the continuation of the centerline of the runway.
B.
Runway
Larger Than Utility With a Visibility Minimum as Low as Three-Fourths
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 centerline is the continuation of the centerline
of the runway.
C.
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 centerline is the continuation of the centerline of the runway.
D.
Transitional
Zones. These zones are established as the area beneath the transitional
surfaces. These surfaces extend outward and upward at 90 degree angles
to the runway centerline and the runway centerline extended 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. Transitional zones for those portions of the
precision approach zones which project through and beyond the limits
of the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach zones and at 90 degree angles to the
extended runway centerline.
E.
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.
F.
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. The conical zone does not include
the precision instrument approach zones and the transitional zones.
(Prior code Appx. C § 3; Ord. 20-011 § 2, 2021)
Except as otherwise provided in this title, no structure or
tree shall be erected, altered, allowed to grow, or be maintained
in any zone created by this chapter to a height in excess of the applicable
height limit established for such zone. Such applicable height limitations
are established for each of the zones in question as follows:
A.
A utility
runway visual approach zone slopes upward 20 feet horizontally for
each foot vertically, 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 centerline.
B.
A runway
larger than utility with a visibility minimum as low as three-quarters
mile nonprecision instrument approach zone slopes upward 34 feet horizontally
for each foot vertically beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet long the extended runway centerline.
C.
A precision
instrument runway approach zone slopes upward 50 feet horizontally
for each foot vertically 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 centerline; thence slopes upward 40
feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway centerline.
D.
Transitional
zones slopes upward and outward seven feet horizontally for each foot
vertically beginning at the sides of and at the same elevation as
the primary surface and the approach zones, and extending to a height
of 150 feet above the airport elevation which is 5,575 feet above
mean sea level. In addition to the foregoing, there are established
height limits sloping upward and outward seven feet horizontally for
each foot vertically beginning at the sides of and at the same elevation
as the approach zones, and extending to where they intersect the conical
surface. Where the precision instrument runway approach zone projects
beyond the conical zone, height limits sloping upward and outward
seven feet horizontally for each foot vertically shall be maintained
beginning at the sides of and at the same elevation as precision instrument
runway approach surface, and extending to a horizontal distance of
5,000 feet measured at 90 degree angles to the extended runway centerline.
E.
Horizontal
Zone. One hundred fifty feet above the airport elevation or a height
of 5,725 feet above mean sea level.
F.
A conical
zone slopes upward and outward 20 feet horizontally for each foot
vertically 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.
G.
Excepted
Height Limitations. Nothing in this chapter shall be construed as
prohibiting the growth, construction or maintenance of any tree or
structure to a height up to 50 feet above the surface of the land.
Where an area is covered by more than one height limitation, the more
restrictive limitation shall prevail.
(Prior code Appx. C § 4)
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 or otherwise in any way
create a hazard or endanger the landing, takeoff or maneuvering of
aircraft intending to use the airport.
(Prior code Appx. C § 5)
A.
Regulations
Not Retroactive. The regulations prescribed by this chapter shall
not be construed to require the removal, lowering or other changes
or alteration or any structure or tree not conforming to the regulations
as of the effective date of the ordinance codified in this chapter,
or otherwise interfere with the continuance of a nonconforming use.
Nothing contained in this chapter 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 the
ordinance codified in 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 required
to permit the installation, operation and maintenance thereon of such
markers and lights as shall be deemed necessary by the community development
director to indicate to the operators of aircraft in the vicinity
of the airport, the presence of such airport hazards. Such markers
and lights shall be installed, operated and maintained at the expense
of the city.
(Prior code Appx. C § 6; Ord. 18-002 § 1, 2018)
A.
Future
Uses. No material change shall be made in the use of land and no structure
or tree shall be erected, altered, planted or otherwise established
in any zone created by this chapter unless a permit thereof shall
have been applied for and granted.
1.
However,
a permit for a tree or structure of not less than 75 feet of vertical
height above the ground shall not be required in the horizontal and
conical zones or in any approach and transitional zones beyond a horizontal
distance of 4,200 feet from each end of the runway except when such
tree or structure, because of terrain, land contour or topographic
features, would extend above the height limit prescribed for the respective
zone.
2.
Each
application for a permit shall indicate the purpose for which the
permit is desired with sufficient particulars to determine whether
the resulting use, structure or tree would conform to the regulations
prescribed in this section. If such determination is in the affirmative,
the permit shall be granted.
B.
Existing
Uses. No permit shall be granted that would allow the establishment
or creation of an airport hazard or permit a nonconforming use, structure
or tree to become a greater hazard to air navigation than it was on
the effective date of the ordinance codified in this chapter or any
amendments thereto or than it is when the application for a permit
is made. Except as indicated, all applications for such a permit shall
be granted.
C.
Nonconforming
Uses Abandoned or Destroyed. Whenever the community development director
determines that a nonconforming tree or structure 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 permit the growth of any tree, or use his or her property not in
accordance with the regulations prescribed in this chapter, may apply
to the board of adjustment for a variance from such regulations. Such
variances shall be allowed where it is duly found that a literal application
or enforcement of the regulations would result in practical difficulty
or unnecessary hardship and relief granted would not be contrary to
the public interest but will do substantial justice and be in accordance
with the spirit of this chapter.
E.
Hazard
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 the circumstances, be so conditioned as to require
the owner of the structure or tree in question to permit the city,
at its own expense, to install, operate and maintain thereon such
markers and lights as may be necessary to indicate to pilots the presence
of an airport hazard.
(Prior code Appx. C § 7; Ord. 18-002 § 1, 2018)
It shall be the duty of the community development director to
administer and enforce the regulations prescribed in this chapter.
Applications for permits and variances shall be made to the community
development director upon a form furnished by him or her. Applications
required by this chapter to be submitted to the community development
director shall be promptly considered and granted or denied by him
or her. Application for action by the board of adjustment shall be
forthwith transmitted by the community development director.
(Prior code Appx. C § 8; Ord. 18-002 § 1, 2018)
A.
There
is created a 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 community development director 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 consist of nine members appointed by the
city and each shall serve for a term of six years and until his or
her successor is duly appointed and qualified. Members shall be removable
by the appointing authority for cause, upon written charges, after
a public hearing.
C.
The
board of adjustment shall adopt rules for its governance and in harmony
with the provisions of this chapter. Meetings of the board of adjustment
shall be held at the call of the chairperson and at such other times
as the board of adjustment may determine. The chairperson, or in his
or her absence the acting chairman, may administer oaths and compel
the attendance of witnesses. All hearings of the board of adjustment
shall be public. The board of adjustment shall keep minutes of its
proceedings showing the vote of each member upon each question; or
if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall immediately be filed in the office of the community development
director, and on due cause shown.
D.
The
board of adjustment shall make written findings of facts and conclusions
of 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.
E.
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 community development director 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 in this chapter.
(Prior code Appx. C § 9; Ord. 18-002 § 1, 2018)
A.
Any
person aggrieved, or any taxpayer affected, by any decision of the
community development director made in his or her administration of
this chapter, may appeal to the board of adjustment.
B.
All
appeals under this section must be taken within a reasonable time
as provided by the rules of the board of adjustment, by filing with
the community development director a notice of appeal specifying the
grounds thereof. The community development director 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 furtherance of the action appealed
from unless the community development director 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 his or her opinion, 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 community development director,
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, 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.
(Prior code Appx. C § 10; Ord. 18-002 § 1, 2018)
Any person aggrieved, or any taxpayer affected, by any decision
of the board of adjustment, may appeal to the district court of Fremont
County, Wyoming, as provided in section 9-276.32, Wyoming Statutes,
1957, as amended.
(Prior code Appx. C § 11)
Each violation of this chapter or of any regulation, order or
ruling promulgated hereunder shall constitute a misdemeanor and be
punishable by a fine of not more than $200 or imprisonment for not
more than 90 days or both; and each day a violation continues to exist
shall constitute a separate offense.
(Prior code Appx. C § 12)
