Ordinance No. 2006-2
BOUNDARY COUNTY AIRPORT OVERLAY DISTRICT
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY TO ESTABLISH AN “AIRPORT OVERLAY DISTRICT” TO INCLUDE: PURPOSES OF THE DISTRICT, DEFINITIONS, AIRPORT ZONES, AIRPORT ZONE HEIGHT LIMITATIONS; PERMITS REQUIRED; USE RESTRICTIONS; NONCONFORMING USES; VARIANCES; CONFLICTING REGULATIONS; AMENDING THE OFFICIAL ZONING MAP BY THE ADOPTION OF AN OFFICIAL SUPPLEMENTARY AIRPORT OVERLAY ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Title 21, Chapter 5, Idaho Code, and Title 67, Chapter 65, Idaho Code, and Article 12, Section 2, of the Idaho State Constitution provide for the adoption of airport zoning regulations; and
WHEREAS, an airport hazard, as defined at Title 21, Chapter 5, Idaho Code, endangers the lives and property of users of the Boundary County Airport and property of occupants of land in its vicinity; and
WHEREAS, certain airport hazards, as defined, in effect reduce the size of the area available for landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Boundary County Airport and the public investment therein; and
WHEREAS, the creation or establishment of an airport hazard, as defined, is a public nuisance and an injury to the region served by the Boundary County Airport; and
WHEREAS, it is necessary in the interest of public health, public safety and general welfare that the creation or establishment of airport hazards, as defined, be prevented; and
WHEREAS, the prevention of these airport hazards, as defined, should be accomplished, to the extent legally possible, by the exercise of police power without compensation; and
WHEREAS, both the prevention of the creation or establishment of airport hazards, as defined, and the elimination, removal, alternation, mitigation or marking and lighting of existing airport hazards, as defined, are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land; and
WHEREAS, The Boundary County Board of Commissioners did hold public hearing on February 13, 2006;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary County, Idaho, that the following be and is hereby adopted as an ordinance of Boundary County:
Zoning Ordinance For:
Airport Name: Boundary County Airport
Airport Location: Bonners Ferry, Idaho
Section 1: Purpose
Section 2: Short Title
Section 3: Sponsor, Governing Authority and Administrator
Section 4: Relation to Other Zone Districts
Section 5: Definitions
Section 6: Establishment of Airport Zones
Section 7: Airport Zone Height Limitations
Section 8:Land Use Compatibility Requirements
Section 9: Pre-existing Non-conforming Uses
Section 10: Land Use Applications
Section 11: Permits
Section 12: Notice of Land Use and Permit Applications
Section 13: Variance
Section 14: Obstruction Marking and Lighting
Section 15: Violations and Penalties
Section 16: Appeals
Section 17: Conflicting Regulations
Section 18: Severability
Section 19: Effective Date
Section 1: Purpose. The purpose of this ordinance is to create an airport overlay zone that considers safety issues around the airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for the enforcement, violation penalties, appeals process and for judicial review.
Section 2: Short Title: This ordinance shall be known and may be cited as the Boundary County Airport Overlay Zoning Ordinance, and the zones created, in their entirety, as the Boundary County Airport Overlay Zone District.
Section 3: Sponsor, Governing Authority and Administrator:
As used in this ordinance, the Owner/Sponsor of the Boundary County Airport is the County of Boundary, State of Idaho.
The Owner/Sponsor hereby designates the Boundary County Commissioners as the Governing Authority for the Boundary County Airport.
The Owner/Sponsor hereby designates the Airport Manager as the administrator for the Boundary County Airport.
The Owner/Sponsor hereby designates the Zoning Administrator as administrator of this ordinance.
Section 4: Relation to Other Zone Districts: The Boundary Airport Overlay Zone District does not modify the boundaries of any underlying zone district. Where identified, the Boundary County Airport Overlay Zone District shall impose certain requirements on land use and construction in addition to those contained in the underlying zone district.
Section 5: Definitions
Approach/Departure Surface: A surface longitudinally centered on the extended runway center line. The inner edge of the approach/departure surface is the same width as the primary surface (500-feet), expanding uniformly to a width of 3,500 feet.
A. The south approach/departure surface (Runway 2), starts at the southern corners of the primary surface, and extends 10,000-feet southward to a final width of 3,500-feet, at a slope of 34-feet outward for each foot upward.
B. The north approach departure surface (Runway 20), starts at the northern corners of the primary surface and extends 5,000 feet northward to a final width of 1,500 feet, at a slope of 20-feet outward for each foot upward.
Conical Surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000-feet.
Horizontal Surface: A horizontal plane 150-feet above the established airport elevation, the perimeter of which is constructed by swinging arcs a radius of 10,000-feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
Primary Surface: A surface longitudinally centered on a runway, extending 250-feet each side of centerline pursuant to Part 77, Federal Aviation Regulations (FAR), and 200-feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
Runway: A defined area of the Boundary County Airport prepared for landing and takeoff of aircraft along its length.
Runway Protection Zone: An area off the runway end used to enhance protection to people and property on the ground. The Runway Protection Zone lies on the surface of the ground and extends from the north and south corners of the runway outward to a width of 675-feet at a distance of 1,200 feet.
Transitional Surface: Those surfaces that extend upward and outward at 90-degree angles to the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach/departure surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach/departure surfaces which project through and beyond the limits of the conical surface, extend a distance of 10,000-feet measured horizontally from the edge of the approach.
Section 6: Establishment of Airport Zones: There are hereby created and established certain zones airport zones within the Airport Overlay Zone, depicted on drawings hereby adopted as part of this ordinance, which include:
Approach Zone/Departure Zone: The area under the approach/departure surface.
Transitional Zone: The area under the transitional surface.
Horizontal Zone: The area under the horizontal surface.
E. Runway Protection Zone: The area under the Runway Protection Zone as defined in Section 5..
Section 7: Airport Zone Height Limitations: Except as otherwise provided in this Ordinance, no structure shall be erected, altered or maintained and no tree shall be allowed to grow so as to encroach from the ground into any of the surfaces defined in Section 4. For areas within transition zone, the horizontal zone and the conical zone where terrain is at higher elevations than the airport runway surfaces such that existing structures and proposed development penetrate or would penetrate the defined surfaces, structures not to exceed 35-feet in height shall be permitted following application procedures established herein.
Section 8: Land Use Compatibility Requirements: Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the following:
Structures: Regardless of the underlying zone district, any structure within the airport overlay zone which is allowed as a use by right and which exceeds fifty (50) feet in height above ground level shall require application for a zoning certificate prior to the onset of construction.
Lighting: No new or expanded industrial, commercial, recreational or residential use shall project lighting directly onto an existing runway, taxiway or approach/departure surface except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to reflect light away from airport approach/departure surfaces, and shall not imitate airport lighting.
Communications Facilities and Electrical Interference: No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Approval of cellular and other communications or transmission towers located within the airport overlay zone shall be conditioned to require their removal within 90 days of discontinuance of use, and a performance bond shall be required.
Prohibited Uses: Within the runway protection zone, new residential development and public assembly facilities are hereby prohibited.
Landfills: No new sanitary landfills, sewage lagoons, sewage sludge disposal facilities or similar facilities shall be permitted within 10,000 feet of the runway. Expansion of existing landfill or sewage disposal facilities within this distance shall be permitted only upon demonstration that such facilities shall be designed and operated so as not to increase the likelihood of bird/aircraft collisions.
Section 9: Pre-Existing Non-Conforming Uses: The regulations prescribed by this Ordinance 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 Ordinance, or otherwise interfere with the continuance of a non-conforming use; however, the owner of any existing non-conforming use shall be required to allow the installation, operation and maintenance of such markers and/or lighting as shall be deemed necessary the Board of County Commissioners on recommendation by the Airport Manager, to include written consensus from the Federal Aviation Administration or the Idaho Department of Transportation as provided in Title 51, Chapter 5, Idaho Code. No non-conforming use shall be structurally altered so as to increase the non-conformity, and a non-conforming use, once substantially abated, may only be reestablished so as to comply with the provisions herein.
Section 10: Land Use Applications: In addition to information required on existing or future land use applications for residential or commercial zoning certificates, conditional uses permits, special use permits, long-plat subdivisions or other land-use permits as established, applicants within the airport zone overlay shall provide a map or drawing showing the location of the property in relation to the Boundary County Airport, and an elevation profile and site plan, both drawn to scale, to include the location and height of all existing and proposed structures and trees, measured in feet above mean sea level, when:
Within the Approach/Departure Zone: Any structure or tree shall exceed a height of 50-feet above ground level, or when, because of terrain elevation, any structure or tree may penetrate into the approach/departure zone.
Within the Transitional Zone: Any structure or tree is proposed.
Within the Runway Protection Zone: Any structure or tree or tree is proposed.
Within the Horizontal Zone: Any structure or tree shall exceed 150-feet in height above ground level or, because of terrain or elevation, any structure or tree may penetrate into the transitional zone.
Within the Conical Zone: Any structure or tree shall exceed 150-feet in height above ground level or, because of terrain or elevation, any structure or tree may penetrate into the transitional zone.
Section 11: Permits: When an application for a land use permit meets the criteria established at Section 9, this Ordinance, no land use permit shall be issued without the signature of the Zoning Administrator with written recommendation of the Airport Administrator, who will verify that the application meets the specifications set forth herein.
Section 12: Notice of Land Use and Permit Applications: The zoning administrator shall provide the Airport Administrator written notice of all applications and permits for land use within the Airport Overlay Zone. Notice of land use applications requiring public hearing shall be provided at the same time that written notice of such application is provided to property owners entitled such notice. At the discretion of the Airport Administrator, written notice may be provided to the Federal Aviation Administration and the Idaho Division of Aeronautics.
Section 13: Variance: Any person desiring to erect or increase the height of any structure or permit the growth of any tree, or to use property in a manner not in accordance with the provisions of this ordinance, may make application to the zoning administrator for a variance from such regulations. The application shall be accompanied by a determination from the Federal Aviation Administration and the Idaho Division of Aeronautics as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Such variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that 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 ordinance.
Section 14: Obstruction Marking and Lighting: Any permit or variance granted pursuant to the provisions of this ordinance may be conditioned to require the installation and maintenance, at the owner’s expense, of such marking or lighting as deemed necessary to assure both ground and air safety.
Section 15: Violations and Penalties: The violation of any provision of this ordinance shall be deemed a misdemeanor punishable by a fine not to exceed $300, imprisonment in the Boundary County Jail for a period not to exceed six (6) months, or both fine and imprisonment. In addition to the criminal penalties established herein, the Boundary County Prosecuting Attorney, at the direction of the Board of County Commissioners, may take steps necessary to seek civil remedies to abate the violation(s).
Section 17: Conflicting Regulations: Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
Section 18: Severability: If any of the provisions of this Ordinance or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.
Section 19: Effective Date: WHEREAS, the immediate operation of the provisions of this Ordinance are necessary for the preservation of the public health, public safety and general welfare, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from its passage by the Boundary County Board of County Commissioners and publication and posting as required by law.
ADOPTED THIS 13th DAY OF FEBRUARY, 2006:
Chairman Smith, “aye.”
Commissioner Dinning, “aye.”
Commissioner Kirby, “aye.”
Clerk of Court