HomeMy WebLinkAboutORD 975:1
BILL NO. 1, ORDINANCE No.
BY COUNCIL14AN LUBY
AN ORDINANCE PAOVIDIAG FOR THE ZONING OF AREAS
ADJACENT TO THE CALD MUNICIPAL AIRPORT RE-
QUIREM&NTs FOR HEIGHT LIMITATIONS, LIMITATIONS
ON USE OF LAND, HEIGHT L11 AND HAZARD
PROTECTION FOR SAID AIRPORT, PROVIDING DEFINI-
TIONS, REFERENCES, ELEVATION POINTS, PAOCEDURt
FOR ISSUANCE OF PERVaTS, PROVIDING FOR GRANTING
OF VARIATIONS AND EXCEPTIONS, AND PENALTIES FOR
VIOLATIONS.
BE IT ORDAINED 31 THE KA1011 AND CITY COUNCIL OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO.
Pursuant to authority conferred by Title 31, Chapter 38,
Sections 31-858 to 31-860, Idaho Code, and pursuant to the general
police powers, and to provide for the general welfare, safety and
morals of the public, and to provide the harmonious urban develop-
nent of the City of Caldwell and of the County of Canyon as to
land use and protection of property as well as preventing inter-
f erence with thecofistruction of adequate public air transportation
facilities, it is hereby ordained:
SECTION 1.0 SHORT TITLE
1.1 This ordinance shall be known and may be cited as
the "Caldwell Municipal Airport Zoning Ordinance."
SECTION_ 2.0 GENERAL SCOPE OF ORDINANCE
2.1 This ordinance is adopted for the purpose of pro-
viding zoning to protect the Caldwell idunicipal Airport runway
approach areas as described in Appendix A, attached hereto and made
a part hereof. It is further adopted to protect the harmonious
urban development of the City of Caldwell and within the County of
Canyon, to protect the health and lives of the public including
the users of the airport, and to prevent improper concentration of
population subject to airport hazards.
2.2 It is hereby found by the Council in the City of
Caldwell that the land uses prohibited and allowed hereby within
the said zones and the regulations and conditions on the use of
the land and establishment of business within said zones are requir(
in the best interest of the health, safety and morals of the people
of Idaho, the use and occupancy of the zones used in conjunction
with the airport and the public use of said airport.
SECTION 3.0 D13FINITIONS
3.1 Administrator: The Administrator shall be the Build
ing Official of the City of Caldwell.
Airport.
3.21 Caldwell Airport: The Caldwell Municipal
3.3 Airport Hazard: Any structure, building, tree or
use of land which obstructs the air space required, or is otherwise
hazardous, for the flight of aircraft in the aircraft traffic pat-
tern, in landing or taking off at or near the airport, or which is
otherwise hazardous to such traffic pattern and such landing or
take-off of aircraft.
3.4 Airport Height Limitations: Where the heights of
buildings, structures or trees are regulated by "Airport Height
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LAW OFFICES
SMITH & MILLER
CALDWELL, IDAHO
Limitations" in this title, the height permitted shall be the heig
above the elevation of the nearest end of the landing strip except
for turning zones where height limitations shall be calculated fro
the airport reference point.
3.5 Airport Reference Point: The approximate geograph-
ical center of an airport, being far he Caldwell Municipal Airnor
as established hereby, which geographic center is the midpoint of
the centerline of the runway, which point has an elevation of
2351.46 feet above mean sea level.
3.6 Airport The paved surface of an airport
landing strip.
L7 Airport Landin, Strip: A conditioned strip of g
and established for taping off or landing of aircraft, being 25
feet wide, the center of which is the centerline of the airport
runway.
3.8 Established by the Federal Aviation
Agency to include Personal, Secondary, Feeder, Trunk Line, Express,
Continental, Intercontinental.
3.9 AjLaajt Zones:
3.91 Approach Zones: The area extending from each
end of a landing strip, including:
3.911 Overrun Area: An area 200 feet long and
250 feet wide located immediately at each end of the runway.
3.912 Approach Zone: An area extending from
each end of the landing strip beyond the overrun area a distance of
10,000 feet, beginning 250 feet in width at the boundary of the ovei
run area and widening uniformly to a width of 2,250 feet at a dis-
tance of 10,000 feet and having as its centerline the continuation
of the centerline of the landing strip.
3.913 Clear Zone*. The first 1,200 feet in
length of the Approach Zone.
3.92 Transition Zones:
3.921 Landinp, Strip Transition Zone: An area
adjacent to each side of the landing strip and overrun areas, being
500 feet wide and having a length equal to the length of the landin
strip and overrun areas.
3.922 Approach Zone Transition Zone: The
area adjacent to each side of the approach zone, which zone shall
1,050 feet in width, measured at right angles from the centerline
of the runway extended, and shall be as long as and parallel to
the approach zone.
3.923 Inner Approach Zone Transition Zone:
The areas which are that part of the approach zone transition zone:
adjacent to each side of the clear zone, each being 250 feet in
width, measured at right angles from the centerline of the runway
extended, and shall be as long as and parallel with the clear zone.
3.93 Turnnin. Zones: A circular area with its cents
_
at the Airpoint Reference e 0 int and having a radius of 10,000 feet.
3.10 2UL1d1nZs: Any structure built for the support,
shelter, or enclosure of persons, animals, or chattels or property
of any kind.
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LAW OFFICES
SMITH & MILLER
CALOWELL, IDAHO
3.11 Non-ConforMi�Use: Any structure, tree, or use
of land lawfully existing as of the effective date hereof, which
doea not conform with the requirements of this ordinance, or to
the requirements of any amendment hereto, as of the effective date
of such ordinance or amendments.
3.12 Shall: Shall means mandatory.
3.13 Structure: Anything built or constructed, being
any piece of work built up or composed of parts other than natural
objects on the land. Provided, that where a requirement is made,
that an area be left an open space, free of structure, such pro-
vision shall not be deemed to prohibit any structure, which is
constructed wholly below the natural level of the ground so long
as the same is not used as a regular living space.
3.14 _Tree: Any object of natural growth more than 6
feet in height.
3.15 Types of Land Use:
3.151 Agricultural: The use of or cultivation of
land for the production of crops, forage, flowers, and the keening
of cattle, swine, horses, sheep, goats, bees, poultry and similar
livestock.
3.152 Airport: The use of land for aircraft terrai
for people, mail, express and all types of freight, airport traffi
control, aircraft storages and repair, storage of gasoline, clear
areas, and for all buildin.ms or structures necessary therefor.
3.153 Commercial: Any use other than industrial,
residential, or agricultural, and shall include public and semi-
public uses, unless such semi-public or public use is prohibited
in the section allowing commercial use.
3.16 industrial: The use of land for manufacturing or
processing businesses, for repair and maintenance of machinery and
equipment, and for storage of any personal property other than
explosives and other items of a highly volatile or chemically actii
nature.
3.17 The Caldwell Municipal Airport Map,
which is made a part of this ordinance, is an appendix hereto.
SECTION 4.0 ESTABLISHIVIEL _OFZO'
4.1 The following Zones are hereby established:
4.11 Landing Strip, Overrun Areas and the Inner
250 feet of Landing Strip Transition Zones, hereinafter designated
as "Zone All.
4.12 Clear Zones, hereinafter designated as "'Zone
BII
4.13 Approach Zones, excluding the Clear Zone,
hereinafter designated "Zone C
4.1.4 Inner Approach Zone Transition Zones, herein-
after designated as "Zone DII.
4.15 Approach Zone Transition Zones, excluding Inn c
Approach Zone Transition Zones, hereinafter designated "Zone E".
4.16 Turning Zone, hereinafter designated "Zone FII.
LAW OFFICES
SMITH & MILLER
CALDWELL, IDAHO
4.17 Landing Strip Transition Zone, hereinafter
designated "Zone G".
4.2 Zones hereby created to carry out the provisions
of this ordinance shall include all the land planes and surfaces
lying within a radius of 10,000 feet from the airport reference
point. Such areas and zones are shown on the zoning map of the
Caldwell Plunicipal Airport and are to be read and interpreted in
light of the commitments of said map. If any conflict of map and
text should arise, the text of the ordinance is to prevail.
SECTION 2.0 DESCRIPTION' OF ESTABLISHED ZONES
5.1 Zone A: Landing Strip. Overrun Areas, and the
Inner 250 feet R - Landing Strip Transition Zone, described in
descriptions A, B, SE-C, and Kid-G, Appendix A.
5.2 Zone B. Clear Zones: 'The Clear Zones are the first
1,200 feet of the Tppr are described in descriptions
SE-D and NW-D, Appendix A.
5.3 Zone C: The Approach 'ones are described in
descriptions SE-D and UVI-D, Appendix A.
5.4 Zone D: Inner Approach Zone Transition Zones
are described in descriptions SE-E and NW-E, Appendix A.
5.5 Zone E: Approach Zone Transition Zone described
in descriptions SE-E and 101-E, Appendix A.
5.6 Zone ,F,Turning* Zone: That circular area described
in description F in Appendix A.
5.7 Zone G. Landing Strip Transition Zone: The areas
adjacent to the landing strip described in description Bin Append
B.
SECTION 6.0 MAXIPIUM HEIGHT LIMITATIOUS
6.1 Except as herein otherwise provided, no building or
structure shall be built or a tree allowed to grow, to a height in
excess of the maximum limits hereinafter set forth.
6.2 The Maximum Heights allowed in each zone are hereby
established as follows:
6.21 Zone A. Landing Strips. Oyer-run Area and
the inner 250 feet of the Landin,-S trip Transition Zones. No ob-
struction on the landing strip and over run areas and in the
transition area one foot in height for each seven feet in horizonta
distance measured at right angles to the centerline of the runway.
6.22 Zones B and C. Approach Zone: One foot in
height for each 20 feet in horizontal distance beginning at a point
220 feet from the end of the runway and extending to a point 10,200
feet from the end of the runway.
6.23 Zones D and &, Approach Zone Transition Zone,
includin5z Inner Approach Zone Transition Zone. One foot in height
for each seven feet in horizontal distance measured at right angles
from the centerline of the runway extended beginning at the edge
of the Approach Zone and extending from it a distance of 10,050
feet from the edge of said approach zone measured horizontally
therefrom. At each point along the boundary of said approach zone
the height of the transition zone shall be calculated commencing
at and in addition to the height of that point of the approach
zone plane.
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LAW OFFicas
SMITH & MILLER
CALDWELL, IDAHO
6.24 Zone F. Tjjrnin� Lone: One hundred fifty feet
in elevation above the established airport reference point of an
elevation of 2351.46 feet above mean sea level.
6 . 25 Zone G. Transition to LandinZ StriT) Zone:
One foot in height for each seven feet in horizontal distance
measured at right angles from the centerline of the runwaybeginninp
at a point 250 feet from the centerline of runway and extending up
to a maximum height of 150 feet above the established airport
elevation.
6.26 Moot aestrictive Provisions: Where an area is
included in more than one - zone, the provisions of the zone with the
most restrictive height limitations shall prevail.
6.27 Elevations: - The elevation or measurement of
the height limits shall be, unless otherwise specified in the
limitation, the elevation of the nearest point on the centerline
of the runway, all elevations above mean sea level.
SECTIO; i 7.0 LAND USE LDTITATION3
7.1 &xceDt as herein otherwise provided, no building,
C�
structure or land shall be used except for the use hereinafter set
forth.
7.2 The uses allowed in each zone are hereby established
as follows:
7.21 Zone A. Landing 3t �i� - Over Run Area j, and
the Inner 250 Feet Landing Strip Transition Zone: The land use
iflowed therein shall only be airport and the area shall be left in
open space, free of all buildivlr;s and structures and trees. Agri-
cultural use will be permitted.
7.22 Zone 13. The land area in this zone should be
Left in open space, free of all buildings, structures, and trees.
Agricultural use will be permitted.
7.23 Zone D. The land use allowed herein may be
agricultural or residential as permitted by the zoning; regulations
Of the City of Caldwell. A permit must first be obtained from the
City Council before any residential structure is constructed. The
permit mus meet the requirements of the section in this ordinance
titled, 11 pormits". Iviultiple dwelling units or multiple -story
dwelling units are prohibited.
7.24 Zones C. Z. dnd.F. Any use which is defined
as nonrestrictive herein or is permitted by the zoning ordiria�nces
of the City of Caldwell, or by the zoning regulations of Canyon
County, Idaho.
7.25 Zone Cl . Transition to landin
Z strip zone.
The land use allowed therein shall only be airport and the area
shall be left in open space, free of all buildings, structures,
and trees. Agricultural use will. be permitted.
7.26 1L restrictiv
- 4here an area
is included in more than one zone, whether under this ordinance or
the zoning ordinances of the City of Caldwell, or the zoning regu-
lations of Canyon County, Idaho, the most restrictive use limitatio�
zhall prevail.
SECTION 8.0 PEiRMITS R.WLJI.b,?D
8.1 2%cept as hereinafter provided, there shall be no
change in the use of any building, structure or land, nor shall
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LAW OFFJ VS
SMITH & MILLER
CALDWELL, IDAHO
any structure or building be erected, or altered, or tree allowed
to grow higher than 35 feet in height above the ground, unless the
permits herein required are first applied for and granted; provider
where construction or alteration is involved which has a value of
less than ',1 '500 and where the structure is of a height not exceeding
35 feet above the ground, no permit shall be required.
8.2 Permits shall be obtained as required in 8.1 in the
following zones:
8.21 For change of use of land, existing buildings
or structures or for alteration of buildings or structures, or
growth of a tree higher than 35 feet; in Zones A and B.
8.22 For change of use of land, existing buildings
or structures or for erection or alteration of buildings or struc-
tures, or growth of a tree higher than 35 feet; in Zone D.
8.221 The permit for the erection of any
building or structure in Zone B is to incorporate the signed agree•
ment by all purchasers to the effect that they recognize and under•
stand the safety factor imposed upon those living in such close
proximity to the airport and under 1 4 .tj approach zone transition
zone and that each does so of his own free will; that they will
never become a member of a petition or action again the airport
due to noise factors or safety reasons.
9.222 Eazard Marking and Li7jitin7l. iotwith-
standing any other provisions hereo, the owner of any building,
structure, or lands in Zone D is ' here required to permit the in-
stallation, operation and maintenance thereon of such markers and
lights as shall be deemed necessary by the administrator to indical
to aircraft the presence of airport hazards within said zone. Suc1
markers or lights shall be installed at the expense of the City of
Caldwell on any existing structure, but where a structure is being
erected or altered, the installation and operation of hazard markii
and lighting may be made a condition of the permit required. The
administrator shall submit all matters concerning hazard marking
and lighting to the responsible airport authorities (Director of
the Department of Aeronautics of the 3tate of Idaho).
8.3 Any permits applied for which cover any instance
provided for in the aviation regulations and laws of the United
States shall be accompanied by a letter of approval from the ad-
rainintrator of the federal aviation agency. -
8.4 Any permit granted hereunder shall expire if the
change of use or construction allowed thereby has not been commence
to he made within one year after the issuance of the permit. Time
for commencing or completing construction may be extended for ad-
ditional periods of one year on properapplicatlon showing good cau,
therefor. The authority for the extension of time shall be the
same as the one which issued the original permit.
8.5 No permit shall be granted which will allow the
establishment of an airport hazard or establishes a nonconforming
use, structure, buildings or tree.
8.6 Procedure an aDplica" for permit. An applicant
shall complete and submit the administrator an application for
permit, completing all information therein called for. Included
in the information required is a complete set of plans showing the
location and height of all buildings and structures above existing
ground level. If the permit is granted, the plans are to be filed
for permanent record by the administrator. The application shall
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LAW OF 1 98
SMITH & MILLER
CALDWELL, IDAHO
not be deemed accepted until all the information required has been
submitted. The application shall be submitted by the adminis tratoz
to the City Council at the next regular meeting after it has been
accepted. If the application is approved by the City Council, the
administrator shall issue a permit as requested, subject to the
provisions of this ordinance and to such other limitations as the
City Council deems necessary to protect the use of the airport.
SECTION 9.0 NOTIC014 OX. USES
9.1 The lawful use of land, buildings or premises existi
at the time of adoption of this ordinance, which does not coni°orm
herewith may be continued, but if such nonconforming use is left
vacant, discontinued, or abandoned, fora period of one year or
more, or is more than Fifty per cent torn down, physically deterior
ted or decayed, any further use of land or premises shall be in con
fortuity with the provisions of this ordinance. The mere presence
of a structure shall not be deemed to constitute the continuance
of a nonconforming use unless the structure is actually occupied
and employed in maintaining; such use.
9.2 Nothing; herein shall be deemed to prohibit the
restoration of a building; within a period of six months from the
date of its destruction by fire, explosion, act of God, or public
enemy, and said such - time may be extended when, upon petition to
the City Council proper cause therefor is shown
SEC'T'ION 10.0 SEVERAPILIT
10.1 : should any section, subdivision, sentence or clause:
in this ordinance, for any reason, be declared unconstitutional,
void, ineffective, or 'invalid, no other part`of this ordinance whin
can be given e.Lfeet notwithstanding shall be void, invalid, in-
effective or fail on account thereof.
SECTION 11.0
11.1 All ordinances, resolutions, orders, or parts
thereof in conflict herewith are hereby repealed, rescinded and
annulled.
ST LILI ON 12.0
12.1 This ordinance shall be in full force and effect
from and after its passage, approval and publication, according to
law.
PASSED BY TILE COUNCIL, This day of res a t_.• g 1961
APPROVED BY THE MAYOR, This day of ! >�s � g 1961.
mmww
City Clerk
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LAW OFFICES
SMITH & MILLER
CALDWELL. IDAHO