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, 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

Airport Sponsor: Boundary County Commissioners

Section 1. Purpose.                                                                                  

Section 2. Short Title.                                                                                          

Section 3. Sponsor, Governing Authority, and Administrator.              

Section 4. Definitions.                                                                                          

Section 5. Airport Zones.                                                                         

Section 6.  Imaginary Surface and Noise Impact Boundary Delineation.     

Section 7. Airport Zone Height Limitations.                                                      

Section 8. Height Limitations on Allowed Uses in Underlying Zone.  

Section 9. Notice of Land Use and Permit Applications within Overlay Zone Area.

Section 10. Pre-Existing Non-Conforming Uses.                                       

Section 11.  Land Use Compatibility Requirements.                                      

      Table A-1: Limitations and Restrictions on Allowed Uses              

Section 12.  Water Impoundments within Approach/departure surfaces and Airport Direct and Secondary Impact Boundaries.                                                                             

Section 13. Permits.                                                                                                           

Section 14. Avigation Easements.                                                                              

Section 15. Enforcement.                                                                                       

Section 16. Appeals.                                                                                                          

Section 17. Judicial Review.                                                                                               

Section 18. Penalties.                                                                                                         

Section 19. Conflicting Regulations.                                                                             

Section 20. Severability.                                                                                         

Section 21. Effective Date.

Section 1. Purpose. The purpose of this ordinance is to create an airport overlay zone that:

·        regulates and restricts the height of constructed structures and objects of natural growth

·        defines noise impact boundaries

·        considers safety issues around the airport

·        regulates and restricts the use of the real property on and in the vicinity of the above designated airport,

·        creates the appropriate zone(s), establishes the boundaries thereof, and provides for changes in the restrictions and boundaries of such zones,

·        creates the permitting process for use within said zone(s),

·        defines certain terms used herein,

·        and, provides for the enforcement, violation penalties, appeal process, and judicial review.

This Ordinance is adopted pursuant to the authority conferred by Title 67 Chapter 65 Idaho Code, Local Land Use Planning. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Boundary County Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Boundary County Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Boundary County Airport and the public investment therein. Accordingly, it is declared:

1. That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Boundary County Airport;
2. That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and
3. That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

It is hereby ordained by Boundary County as follows:

Section 2. Short Title. This Ordinance shall be known and may be cited as the Boundary County Airport Zoning Ordinance.

Section 3. Sponsor, Governing Authority, and Administrator.

1. As used in this Ordinance, the Owner/Sponsor of the Boundary County Airport is the County of Boundary, State of Idaho.
2. The Owner/Sponsor hereby designates the Boundary County Commissioners as the Governing Authority for the Boundary County Airport.
3. The Owner/Sponsor hereby designates the Airport Manager as the Administrator for the Boundary County Airport.

Section 4. Definitions. As used in this Ordinance, unless the context otherwise requires:

Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for existing airport uses.

Airport Direct Impact Area. The area located within 10,000 feet of an airport runway, excluding lands within the runway protection zone and approach/departure surface.

Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean sea level.

Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are established in relation to the airport and its runways. Imaginary areas are defined by the primary surface, runway protection zone, approach/departure surface, horizontal surface, conical surface and transitional surface.

Airport Noise Impact Boundary. Areas located within 10,000 feet of an airport runway.

Airport Sponsor. The owner, manager, or other person or entity designated to represent the interests of an airport.

Approach/Departure 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/departure zone height limitation slope set forth in Section 7 of this Ordinance. In plan view the perimeter of the approach/departure surface coincides with the perimeter of the approach/departure zone.

1. The inner edge of the approach/departure surface is the same width as the primary surface (500 ft) and it expands uniformly to a width of 3500 feet.
2. The approach/departure surface extends off the south end a horizontal distance of 10,000 feet at a slope of 34 feet outward for each foot upward.  On the north end a horizontal distance of 5,000 feet at a slope of 20 feet outward for each foot upward.
3. The outer width of an approach/departure surface will be 3500 ft off the Southern end of the runway and 1500 ft off the North end.  The Southern end has safer instrument approach potential and by FAA criteria needs a larger Approach/departure surface.

Approach/Departure, Transitional, Horizontal, Conical Zones - These zones are set forth in Section 5 of this Ordinance.

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.

Division of Aeronautics (Aero).  The Aeronautics Division of the Idaho Transportation Department.

FAA. The Federal Aviation Administration.

FAA's Technical Representative. As used in this ordinance, the federal agency providing the FAA with expertise on wildlife and bird strike hazards as they relate to airports. This may include, but is not limited to, the USDAAPHIS-Wildlife Services.

Hazard To Air Navigation - An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height.  The highest point of a structure or tree, plant or other object of natural growth. For the purpose of determining the height limits in all zones set forth in this Ordinance 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 is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 10,000 feet.

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 an instrument approach procedure has been approved or planned.

Non-Conforming Use - Any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of this Ordinance or an amendment thereto.

Obstruction - Any structure or tree, or other object, including a mobile object, which exceeds a limiting height set forth in Section 7 of this Ordinance.

Other than Utility Runway. A runway that is constructed for and intended to be used by turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.

Person - An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Primary Surface.  A surface longitudinally centered on a runway, extending 250 feet each side of centerline as per Part 77 of the 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.

Public Assembly Facility. A permanent or temporary structure or facility, place or activity where concentrations of people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, churches, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of people and property on the ground.  For Bonners Ferry, the RPZ is a trapezoid that starts 200’ from the end of the runway at a width of 500’ and extends 1000’ for an outer width of 675’.  This is depicted on the attached map.

Significant. As it relates to bird strike hazards, "significant" means a level of increased flight activity by birds across an approach/departure surface or runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity.

Structure. Any constructed, erected, or mobile object which requires location on the ground or is attached to something located on the ground. Structures include but are not limited to buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations and overhead transmission lines. Structures do not include paved areas.

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/departure surface and at a 90 degree angle to the extended runway centerline.  See attached visual depiction.

Tree - Any object of natural growth.

Utility Runway. A runway that is constructed for, and intended to be used by, propeller driven aircraft of 12,500 pounds maximum gross weight or less.

Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures, where no instrument approach procedures or instrument designations have been approved or planned, or are indicated on an FAA-approved airport layout plan or any other FAA planning document.

Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of this ordinance.

Section 5. Airport Zones.  In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones, which include all of the land lying beneath the approach/departure surfaces, horizontal surfaces and conical surfaces as they apply to the Boundary County Airport. Such zones are shown on the Boundary County Airport Zoning Map consisting of one sheet, prepared by Toothman Orton Engineering Co., as part of the Airport Layout Plan, which is attached to this Ordinance and made a part hereof. An area located in more than one (1) 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:

1. Approach Zone – The area under an approach/departure surface.
2. Transitional Zone – The area under a transitional surface.
3. 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/departure zones.
4. Conical Zone - The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward a horizontal distance of 4,000 feet.

Section 6.  Imaginary Surface and Noise Impact Boundary Delineation.  The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach/departure surface, horizontal surface, conical surface and transitional surface shall be delineated for each airport subject to this overlay zone and shall be made part of the Official Zoning Map. All lands, waters and airspace, or portions

thereof, that are located within these boundaries or surfaces shall be

subject to the requirements of this overlay zone.

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 in any zone created by this Ordinance 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:

1. Instrument Approach Zone - Slopes thirty-four (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 centerline.
2. Horizontal Zone - Established at 150 feet above the airport elevation.
3. 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.
4. Excepted Height Limitations - Nothing in this Ordinance shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

Section 8. Height Limitations on Allowed Uses in Underlying Zone. All uses permitted by the underlying zone shall comply with the height limitations in this Section. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control.

1. Except as provided in subsections B and C of this Section, no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface.
2. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height.
3. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Idaho Division of Aeronautics and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Idaho Division of Aeronautics and the FAA.

Section 9. Notice of Land Use and Permit Applications within Overlay Zone Area. Except as otherwise provided herein, written notice of applications for land use or limited land use decisions, including comprehensive plan or zoning amendments, in an area within this overlay zone, shall be provided to the airport sponsor and the Idaho Division of Aeronautics in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications.

1. Notice shall be provided to the airport sponsor and the Idaho Division of Aeronautics when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 10,000 feet of the sides or ends of a runway.
2. Notice of land use and limited land use applications shall be provided within the following timelines.
3. Notice of land use or limited land use applications involving public hearings shall be provided prior to the public hearing at the same time that written notice of such applications is provided to property owners entitled to such notice.
4. Notice of land use or limited land use applications not involving public hearings shall be provided at least 20 days prior to entry of the initial decision on the land use or limited land use application.
5. Notice of the decision on the land use or limited land use application shall also be provided to the airport sponsor within the same timelines that notice is provided to parties to the proceeding.
6. Notices required under Paragraphs A-C of this section need not be provided to the airport sponsor or the Idaho Division of Aeronautics where the land use or limited land use application meets all of the following criteria:
1. Would only allow structures of less than 35 feet in height;
2. Involves property located entirely outside the approach/departure surface;
3. Does not involve industrial uses, mining or similar uses that emit smoke dust or steam; sanitary landfills or water impoundments; or radio, radiotelephone, television or similar transmission facilities or electrical transmission lines; and
4. Does not involve wetland mitigation, creation, enhancement or restoration.
5. Section 10. Pre-Existing Non-Conforming Uses.
7. Regulations Not Retroactive – 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 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 of this Ordinance, and is diligently prosecuted.
8. Marking and Lighting- Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is hereby required to allow the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Boundary County Planning and Zoning Administrator, to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions.

Section 11.  Land Use Compatibility Requirements.  Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of this chapter as provided herein.

1. General. Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance 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.
2. Noise. For any property entirely or partially within 10,000 ft of the runway. A notification that noise levels may exceed 55 db shall be attached to any subdivision or partition approval or other land use approval or building permit.  Such notification shall also be included in the closing documents, to be signed by the purchaser, for any parcel entirely or partially within 10,000 ft of the runway.  Any new construction within this area will be encouraged to have increased sound insulation methods.
3. Outdoor Lighting. No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach/departure surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach/departure surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting.
4. Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach/departure surface or on nearby lands where glare could impede a pilot's vision.
5. Industrial Emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that could obscure visibility within airport approach/departure surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility.
6. Existing Communications Facilities and Electrical Interference. No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Idaho Division of Aeronautics and the FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located within airport surfaces shall be conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to insure this result.
7. Use Prohibitions in RPZ. Notwithstanding the underlying zoning, the following uses are prohibited in the RPZ.
1. New residential development.
2. Public assembly facilities.
8. Landfills. No new sanitary landfills, sewage lagoons, sewage sludge disposal facilities or similar facilities shall be permitted within 10,000 feet of the runway. Expansions of existing landfill or sewage treatment or disposal facilities within these distances shall be permitted only upon demonstration that the landfills are designed and will operate so as not to increase the likelihood of bird/aircraft collisions. Timely notice of any proposed expansion shall be provided to the airport sponsor, Idaho Division of Aeronautics and the FAA, and any approval shall be accompanied by such conditions as are necessary to ensure that an increase in bird/aircraft collisions is not likely to result.

Table A-1: Limitations and Restrictions on Allowed Uses

            KEY:             P = Use is Permitted

                        L = Use is Allowed Under Limited Circumstances (see footnotes)

                        N = Use is Not Allowed

  Notes:

1. No Structures shall be allowed within the Runway Protection Zone (RPZ). Exceptions shall be made only for structures accessory to airport operations whose location within the RPZ has been approved by the Federal Aviation Administration.
2. In the RPZ, public airport uses are restricted to those uses and facilities that require location in the RPZ.
3. Farming practices that minimize wildlife attractants are encouraged.
4. Roads and parking areas are permitted in the RPZ only upon demonstration that there are not practicable alternatives. Lights, guardrails, and related accessory structures are prohibited. Cost may be considered in determining whether practicable alternatives exist.
5. In the RPZ, utilities, powerlines and pipelines must be underground. In approach zone and in airport direct and secondary impact areas, the proposed height of utilities shall be coordinated with the airport sponsor and Idaho Division of Aeronautics.
6. Public assembly facilities are prohibited in the RPZ.
7. Golf courses may be permitted only upon demonstration, supported by substantial evidence, that management techniques will be utilized to reduce existing wildlife attractants and avoid the recreation of new wildlife attractant. Such techniques shall be required as conditions of the approval. Structures are not permitted within the RPZ. For purposes of this document, tee markers, tee signs, pin cups and pins are not considered to be structures.
8. Within 10,000 feet from the end of the primary surface of the runway.
9. Public assembly facilities may be allowed in an approach zone only if the potential danger to public safety is minimal. In determining whether a proposed use is appropriate, consideration shall be given to: proximity to the RPZ; density of people per acre; frequency of use; level of activity at the airport,; and other factors relevant to public safety. In general, high density uses should not be permitted within an airport approach zone, and on residential structures should be located outside approach zones unless no practicable alternatives exist.
10. Residential densities within approach zones should not exceed the following densities: (1) within 500 feet of the outer edge of the RPZ, 1 unit per acre; (2) within 500 to 1,500 feet of the outer edge of the RPZ, 2 units per acre; (3) within 1,500 to 3,000 feet of the outer edge of the RPZ, 4 units per acre.
11. Mining operations involving the creation or expansion of water impoundments shall comply with the requirements of this document regarding water impoundments.
12. Water impoundments are prohibited within 5,000 feet from the edge or end of a runway.
13. Wetland Mitigation required for projects located within an approach/departure surface, the airport direct or secondary impact area shall be authorized only upon demonstration, supported by substantial evidence, that it is impracticable to provide mitigation outside of these areas.
14. Within the transitional zone, residential uses and athletic fields are not permitted.
15. Within the transitional zone, overnight accommodations, such as hotels, motels, hospitals and dormitories, are not permitted.

Section 12.  Water Impoundments within Approach/departure surfaces and Airport Direct and Secondary Impact Boundaries.

1. No new or expanded water impoundments of one-quarter acre in size or larger are permitted:
1. Within an approach/departure surface and within 5,000 feet from the end of a runway; or
2. On land owned by the airport sponsor that is necessary for airport operations.

Section 13. Permits.  An applicant seeking a land use or limited land use approval in an area within this overlay zone shall provide the following information in addition to any other information required in the permit application:

1. A map or drawing showing the location of the property in relation to the airport imaginary surfaces. The Planning Department shall provide the applicant with appropriate base maps upon which to locate the property.
2. Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level.
3. If a height variance is requested, letters of support from the airport sponsor, the Idaho Division of Aeronautics and the FAA.
1. Future Uses - Except as specifically provided below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a 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 a use inconsistent with the provisions of this Ordinance shall be granted unless a variance has been approved in accordance with Section 13- 4.
2. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. Nothing contained in 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 Ordinance except as set forth in Section 7-D.
3. 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 of this Ordinance 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.
4. Nonconforming Uses Abandoned or Destroyed - Whenever the Boundary County Planning and Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 80 percent 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.
5. Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Ordinance, may apply to the Boundary County Planning and Zoning Administrator for a variance from such regulations. The application for variance 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 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 Ordinance. Additionally, no application for variance to the requirements of this Ordinance may be considered by the Board of County Commissioners unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Board of County Commissioners may act on its own to grant or deny said application.
6. Obstruction Marking and Lighting - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Ordinance and be reasonable in the 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 County Commissioners, this condition may be modified to require the owner to permit the Idaho Transportation Department, Division of Aeronautics, at its own expense, to install, operate, and maintain the necessary markings and lights.

Section 14. Avigation Easements. Within this overlay zone, the owners of properties that are the subjects of applications for land use or limited land use decisions, for building permits for new residential, commercial, industrial, institutional or recreational buildings or structures intended for inhabitation or occupancy by humans or animals, or for expansions of such buildings or structures by the lesser of 50% or 1,000 square feet, shall, as a condition of obtaining such approval or permits, dedicate an avigation easement to the airport sponsor. The avigation easement shall be in a form acceptable to the airport sponsor and shall be signed and recorded in the deed records of the County. The avigation easement shall allow unobstructed passage for aircraft and ensure safety and use of the airport for the public. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits.

Section 15. Enforcement.  It shall be the duty of the Airport Administrator, to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Airport Governing Authority upon a form published for that purpose. Applications required by this Ordinance to be submitted to the Airport Administrator, shall be promptly considered with recommendations prepared for the Airport Governing Authority for granting or denying the application. Application for action by the Board of County Commissioners shall be forthwith transmitted by the Airport Administrator.

1. The Airport Governing Authority will have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made in the enforcement of this Ordinance; (2) to hear and decide special exceptions to the terms of this Ordinance upon which such Airport Governing Authority under such regulations may be required to pass; and (3) to hear and decide specific variances.
2. The Airport Governing Authority 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 action, all of which shall immediately be filed in the office of County Clerk and on due cause shown.
3. The Airport Governing Authority 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 Ordinance.
4. The concurring vote of a majority of the members of the Airport Governing Authority shall be sufficient to reverse any prior order, requirement, decision, or requirement, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect variation to this Ordinance.

Section 16. Appeals.

1. Any person aggrieved, or any taxpayer affected, by any decision made in the administration of the Ordinance may appeal to the Airport Administrator.
2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Airport Governing Authority, by filing with the Airport Administrator, a notice of appeal specifying the grounds thereof . The Airport Administrator, shall forthwith transmit to the Airport Governing Authority all the papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Airport Administrator, certifies to the Airport Governing Authority, after the notice of appeal has been filed, by reason of the facts stated in the certificate a stay would, in the opinion of the Airport Administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Airport Governing Authority or notice to the Airport Administrator, and on due cause shown.
4. The Airport Governing Authority 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.
5. The Airport Governing Authority may, in conformity with the provisions of this ordinance, 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.

Section 17. Judicial Review.  Any person aggrieved, or any taxpayer affected, by any decision of the Board of County Commissioners, may appeal to a court of competent jurisdiction as provided in Section 67-6511 (d) Idaho Code.

Section 18. Penalties.  Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than 500 dollars or imprisonment for not more than 180 days or both; and each day a violation continues to exist shall constitute a separate offense.

Section 19. Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

Section 20. Severability.  If any of the provisions of this Ordinance or the application thereof to any person or circumstances 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 21. Effective Date. WHEREAS, the immediate operation of the provisions of this Ordinance is 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 and after its passage by the Boundary County Board of County Commissioners and publication and posting as required by law.

/s/

Ron Smith, Chairman

/s/

Dan Dinning, Member

/s/

Walt Kirby, Member

February 13, 2006

Date

ATTEST:

/s/

Michelle Rohrwasser

Deputy Clerk of Court