§ 50-711. Airports.

(a)

Definition. As used in this section, the term "airstrip" means any unpaved runway. Classes I, II, III and IV shall be defined by the state department of transportation.

(b)

New or enlarged airports. In addition to all other items required by the pertinent sections of these regulations, application for enlarging or changing existing airfields or to permit a new airfield shall be accompanied by:

(1)

Proof of compliance with all county, state and federal laws, regulations and requirements.

(2)

Complete site plans for all airport facilities including approach zones, horizontal zones and conical zones.

(3)

A fee in the amount required to reimburse the county for all costs of installing and maintaining warning lights or markers upon any existing tree or structure outside the property of the applicant and which extends into any approach zone, horizontal zone or conical zone.

(4)

A list of all trees or structures which extend into any approach zone, horizontal zone or conical zone and the dimension of such tree or structure.

(c)

Clear space. In order to reduce danger from low flying planes approaching and taking off from an airfield, the end of a runway shall not be closer than the applicable distance as set out in this section and as measured within the area drawn by the means provided in this subsection:

(1)

Seven hundred fifty feet for airstrip.

(2)

One thousand feet for class I airfields.

(3)

Two thousand feet for class II or class III airfields.

(4)

Two thousand five hundred feet for class IV airfields.

(5)

The distance shall be measured from the end of each runway by extending a line perpendicular to the centerline of such runway 1½ times the width of the runway in each direction from the centerline and taking the points from each end of such line so drawn. Thence extending a line from each of such points away from the centerline at an angle of seven degrees on each side for the distance as required in this subsection; an arc shall then be drawn connecting the point at the far end of each seven degree angle line using the end of the centerline of the runway as the center point for such arc.

(6)

The area outlined by the means prescribed in this subsection shall be reserved as a clear space and no use permitted thereon, except that private airfields in an A-zone may be used for agricultural purposes when not being used for the landing or taking off of planes other than those belonging to the owner of the field.

(7)

No runway or airstrip shall be closer than 250 feet to the airfield boundary.

(d)

Runways. All runways shall be hard surfaced and shall conform in length and width to the Federal Aviation Agency's minimum standards.

(e)

Aprons and ramps. Aprons and ramps shall be perpendicular to runways and taxiways.

(f)

Construction within the airfield. Structures within the airfield shall be constructed of material which will provide not less than two-hour fire resistant construction according to the standards established by the American Society of Testing Materials or the requirements of the National Board of Fire Underwriters.

(g)

Height limitations near airports.

(1)

No existing use, structure or tree may be extended, expanded, or enlarged so as to encroach into any portion of the approach zones, horizontal zones or conical zones, nor shall any existing use, structure or tree be permitted to encroach into any of such zones.

(2)

Any use, structure or tree existing at the date of the adoption of these regulations and which extends into any approach zone, horizontal zone or conical zone of an existing airport shall be considered nonconforming and may not further encroach into any of such zones.

(3)

Where any use, structure or tree which shall be in existence on the date on which a proposed airport shall be approved as a special exception by the board of county commissioners and where such use, structure or tree extends into the approach zones, horizontal zones or conical zones of such an airport, such use, structure or tree shall be considered nonconforming as of the date specified in this subsection and shall be in no way expanded to further encroach into such zones.

(4)

The transitional (side) zone of any airport maybe altered in order to comply with Federal Emergency Management Agency requirements for flood elevation of manmade structures; provided, however, that such structures shall be located at the maximum perpendicular distance away from the runway as determined by limiting geographical features of by previous platting.

(h)

Airport hazards. It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared that:

(1)

The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;

(2)

It is therefore necessary in the interest of the public health, public safety and general welfare that the creation of establishment of airport hazards be prevented; and

(3)

This should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation.

(i)

Other hazards.

(1)

Uses within two miles of any airfield runway shall conform to the performance standards established in this section.

(2)

No electrical use or operation shall be permitted that interferes with instrument control or landing operation of planes or of radar, radio or ground control approach systems for such airport.

(1991 LDR ch. 79, § 6.01(G)(1); Ord. No. 05-01, § 10, 5-17-2005; Ord. No. 2007-03, § 22, 7-17-2007)