Chapter 18.36 KODIAK MUNICIPAL AIRPORT

“Airport hazard” means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of the aircraft.

“Landing area” means the area of the airport used for landing, takeoff, or taxiing of aircraft, including Lilly Lake.

“Nonconforming use” means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter or an amendment hereto as of the effective date of such regulation.

“Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.

“Runway” means the landing and takeoff area of the airport landing area, including Lilly Lake.

“Structure” means any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines.

“Tree” means any object of natural growth. [Ord. 406 §2, 1973]

18.36.030 Zones and patterns—generally

In order to carry out the provisions of this chapter, there are created and established certain zones and patterns, which zones shall include all the lands lying within the airport boundary and abutting the airport boundary over which any aircraft is required to fly or make a safe approach, when landing or taking off in connection with the use of Kodiak municipal airport. [Ord. 406 §3, 1973]

18.36.040 Takeoff zone

A takeoff zone is established for all aircraft using the airport, which zone shall extend for 250 feet to either side of the centerline of the runway and 250 feet from each end of the runway. [Ord. 406 §3(1), 1973]

18.36.050 Takeoff pattern

All aircraft will, on takeoff, use a flight pattern which provides that they will turn to the east or make a right-hand turn when taking off in a northerly direction or a left-hand turn when taking off in a southerly direction. [Ord. 406 §3(2), 1973]

18.36.060 Landing pattern

A landing pattern is established which requires all aircraft landing to make a left-hand turn when landing south and to make a right-hand turn when landing to the north. [Ord. 406 §3(3), 1973]

18.36.070 Landing and takeoff—accepted exceptions

(a) Nothing in this chapter shall be construed to preclude a straight-in approach to land or a straight-out departure after takeoff, so long as such aircraft are otherwise operated in compliance with this chapter, and so long as such operations do not interfere with other aircraft in compliance with this chapter.

(b) In any case, the right-of-way rules of the Federal Aviation Regulations, Part 91, shall prevail. [Ord. 406 §3(4), 1973]

18.36.080 Approach surface

An approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the runway is hereby established. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet for each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surface. [Ord. 725 §1, 1984; Ord. 406 §3(5), 1973]

18.36.090 Clear zone and parking zone

(a) A clear zone is established, consisting of that area within 50 feet from and on the outside of both edges of the gravel runway, within which no structure may be constructed, erected, or placed and no vehicle or other object may be parked, stored, or placed.

(b) A parking zone is established, consisting of a strip of land 25 feet in width immediately adjacent to the clear zone and on that side of the clear zone which is farthest from the gravel runway. No structure may be constructed, erected, or placed within the parking zone nor may any other object be parked, stored, or placed within the parking zone except motor vehicles, other than those used for living or sleeping accommodations, and aircraft may be parked within the parking zone.

(c) A structure in excess of 35 feet in height above the natural ground level may not be constructed, erected, or placed on any lot adjacent or contiguous to Lilly Lake, nor may any structure, improvement, facility, barrier, or obstruction which will or may constitute an airport hazard be placed on Lilly Lake. Additionally, any fill placed over the natural ground level is considered part of the 35-foot limitation.

(d) Notwithstanding any other provisions of this section, no use of property for which a variance has been obtained from the Kodiak Island Borough planning and zoning commission or with respect to which that commission has determined that a variance is unnecessary shall be deemed to violate this section. [Ord. 901, 1991; Ord. 725 §§2, 3, 1984; Ord. 558 §1, 1979; Ord. 406 §3(6), 1973]

18.36.100 Landing and takeoff—monitor frequency requirement

All aircraft with radios, upon takeoff or landing, shall be required to monitor and maintain two-way radio communications with frequency 119.8 (Kodiak Tower), and all aircraft shall comply with the recommended procedures of the Aeronautical Information Manual. [Ord. 593 §1, 1981; Ord. 406 §3(7), 1973]

18.36.110 Aircraft traffic regulations adopted

The traffic advisory practices at nontower airports contained in the Aeronautical Information Manual, dated July 20, 1995, as regularly updated by the Federal Aviation Administration and published by the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, are adopted and shall constitute the laws of the city relating to aircraft traffic practices in the Kodiak municipal airport. The city clerk is directed to keep a copy on file in the clerk’s office. [Ord. 1026, 1996; Ord. 435 §2, 1975]

18.36.120 Use restrictions—generally

Notwithstanding any other provisions of this chapter, no use may be made of land within any airport approach zone or airport turning zone, in such a manner as to create electrical interference with radio communication between aircraft and ground facilities or between air-to-air transmission or make it difficult for flyers to distinguish between airport and other lights or markings, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft. [Ord. 406 §4, 1973]

18.36.130 Nonconforming use—marking and lighting

The city manager may require that a nonconforming use have installed, maintained, and operated such markers and lights as shall be deemed necessary to indicate to the operators of aircraft the presence of hazards. [Ord. 406 §5, 1973]

18.36.140 Nonconforming use—continuation

The regulations prescribed by this chapter 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 the ordinance codified in this chapter, or otherwise interfere with the continuance of any nonconforming use; however, after the effective date of the ordinance codified in this chapter, there shall be no further or new nonconforming uses permitted, nor shall any such nonconforming use be reinstated after its destruction or discontinuance. [Ord. 406 §6, 1973]

18.36.150 Fees

The city council may, by resolution, establish fees for the utilization of the airport and any airport facilities. The city manager may recommend fees for adoption by the council that are reasonable and necessary for the proper maintenance, improvement, and operation of the airport. [Ord. 972 §2, 1993; Ord. 483 §1, 1977]

18.36.160 Appeals

(a) Any person aggrieved, or taxpayer affected, by any decision of the city manager or designee made in the administration of this chapter, if of the opinion that a decision of the city manager or designee is an improper application of this chapter, may appeal to the city council.

(b) All appeals taken under this section must be taken within a reasonable time by filing with the city clerk a notice of appeal specifying the grounds therefor. The city clerk shall transmit to the city council all papers constituting the record upon which the action appealed from was taken.

(c) An appeal shall stay all proceedings and furtherance of the action appealed from unless the city manager certifies to the council, after the notice of appeal has been filed with it, that by reason of the fact of the stay there would be caused imminent peril to life or property. In such case, proceeding shall not be stayed and the council shall proceed to hear the matter at the earliest possible moment.

(d) The council shall fix a reasonable time for the hearing of the appeal, giving public notice and due notice to the parties in interest and to decide the same within a reasonable time. Upon the hearing any person may appear in person or by agent or attorney.

(e) The council shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts reversing or affirming or modifying a decision or determination which comes before it under the provisions of this chapter. [Ord. 406 §7, 1973]

18.36.180 Conflicting regulations

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required in any other ordinances or regulations, the provisions of this chapter shall govern. [Ord. 406 §9, 1973]

18.36.190 Seaplane ramp

The city clerk shall designate not more than two-thirds of the seaplane ramp spaces at the Trident Basin seaplane base as available for reserved use by one aircraft each, under the following terms and conditions:

(a) Seaplane ramp space designated for exclusive moorage shall be assigned by terms of a lease of at least one year’s duration;

(b) Exclusive moorage may not be assigned or subleased by the owner or operator of the aircraft entitled to exclusive moorage; and

(c) Remaining seaplane ramp space shall be made available to all members of the public for transient or temporary mooring of aircraft. When the available ramp space is occupied, aircraft shall obtain mooring space that is not on or adjacent to mooring space provided for vessels other than aircraft. [Ord. 1060 §12, 1998]

18.36.200 Billing and payment —confidentiality of records

(a) Accounts shall be maintained in the name of the airport user and each account shall be billed monthly. Accounts shall be paid on or before the fifteenth day of the month during which the charges are billed. Accounts not paid by the close of business on the fifteenth day are delinquent.

(b) Except in connection with official investigations or proceedings of the city, whether judicial or administrative, involving delinquent accounts, or as otherwise authorized by subsection (c) of this section, no officer, employee, or agent of the city may divulge any information disclosed in account records kept under this chapter. The prohibition of this section shall not prohibit the preparation and use of statistical summaries of customer data that do not disclose customer identities.

(c) Notwithstanding the foregoing subsection (b) of this section, the following information, but not personal information, shall be made available to the public upon request: whether or not an individual or business is a customer; whether or not a customer is current in paying for airport fees, the amount delinquent, and how long an account has been delinquent. The city manager or his or her designee may from time to time publish the names of customers on the delinquent list and the amount of the delinquency; provided, that the name of a customer who has signed a confession of judgment for delinquent charges, penalties, and interest, and a stipulation to postpone execution against such judgment, and who is current in the payments to be made and all other obligations arising as a result of such stipulation as of the date on which the names are submitted to the publisher, will not be published. [Ord. 1384 §6, 2019]