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)