Chapter 151 Airport Hazard Zoning

AIRPORT HAZARD. Any man-made structure or object of natural growth located on or in the vicinity of the airport, or any use of land near an airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at an airport or is otherwise hazardous to the landing or takeoff of aircraft.

APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES. These zones apply to the area under the approach, transitional, horizontal and conical surfaces defined in FAR Part 77 and reproduced in 151.15 through 151.21 of this chapter.

CLEAR ZONE. A fan-shaped area which can extend up to one-half mile from the ends of airport runways. CLEAR ZONES retain the same height restrictions as the approach zone but because of the high incidence of air crashes in this area, land use controls are more stringent.

HEIGHT. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

NONCONFORMING USE. Any pre-existing structure, tree or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

NON-PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or utilizing area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned and for which no precision approach facilities are planned or indicated on a FAA planning document or military service’s military airport planning document.

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

PRIMARY SURFACE.

(1) A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the PRIMARY SURFACE extends 200 feet beyond each end of that runway.

(2) The width of the PRIMARY SURFACE of a runway will be 500 feet, which is that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway.

(3) 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 on an airport prepared for landing and takeoff of aircraft along its length.

STRUCTURE. An object constructed or installed by man including but not limited to buildings, towers, smokestacks, earth formation and overhead transmission lines.

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 and less.

(Ord. 1411, passed 4-27-82)

151.03 USE RESTRICTIONS.

Not withstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to:

(A) Create electrical interference with navigational signals or radio communication between the airport and aircraft;

(B) Make it difficult for pilots to distinguish between airport lights and others;

(D) Impair visibility in the vicinity of the airport; or

(E) Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.

(F) No water impoundment of more than one-quarter acre in size within an approach corridor within 5,000 feet of the end of the runway will be permitted unless approved by the Oregon Department of Aviation as showing no hazard to aviation.

(Ord. 1411, passed 4-27-82; Am. Ord. 2222, passed 11-24-14) Penalty, see § 151.99

AIRPORT ZONES; HEIGHT LIMITATIONS

151.15 ESTABLISHMENT OF ZONES.

(A) In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to the airport.

(B) The zones are shown on the Hermiston Airport Hazard Zoning Map consisting of one sheet, prepared by the Umatilla County Planning Commission and dated September 24, 1975, which is hereby made a part of this chapter. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.

(C) Except as otherwise approved in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this chapter to a height in excess of the applicable height limit herein established for the zone.

(Ord. 1411, passed 4-27-82) Penalty, see § 151.99

151.16 APPROACH ZONE.

(A) The inner edge of the Approach Zone coincides with the width of the primary surface and is 500 feet wide.

(B) The Approach Zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway. The slope of the Approach Zone is 34 feet horizontal for each foot vertical 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.

(Ord. 1411, passed 4-27-82)

151.17 CLEAR ZONE.

The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The Clear Zone expands uniformly to a width of 1,010 feet at a horizontal distance of 1,700 feet from the primary surface, its centerline being the continuation of the centerline of the runway. The slope of the Clear Zone is 34 feet horizontal for each foot vertical beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 1,700 feet along the extended runway centerline.

(Ord. 1411, passed 4-27-82)

151.18 TRANSITIONAL ZONES.

(A) These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended.

(B) The slope of the Transitional Zones is seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the Approach Zones, and extending to a height of 150 feet above the airport elevation, that is to a height of 789 feet above mean sea level.

(Ord. 1411, passed 4-27-82)

151.19 HORIZONTAL ZONE.

The Horizontal Zone is hereby 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 and Transitional zones. The height of the Horizontal Zone is 150 feet above the airport elevation, or 789 feet above mean sea level.

(Ord. 1411, passed 4-27-82)

151.20 CONICAL ZONE.

The Conical Zone is hereby established as the area that commences at the periphery of the Horizontal Zone and extends outward there from a horizontal distance of 4,000 feet. The slope of the Conical Zone is 20 feet horizontally for each foot vertically 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.

(Ord. 1411, passed 4-27-82)

151.21 EXCEPTED HEIGHT LIMITS.

(A) Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet above the surface of the land.

(B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Ord. 1411, passed 4-27-82)

NONCONFORMING USES

151.35 REGULATIONS NOT RETROACTIVE.

The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, 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 chapter, and is diligently prosecuted.

(Ord. 1411, passed 4-27-82)

151.36 MARKING AND LIGHTING.

Notwithstanding the preceding provision of this chapter, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of markers and lights as shall be deemed necessary by the city to indicate to the operators of aircraft in the vicinity of the airport, the presence of airport hazards. Markers and lights shall be installed, operated and maintained at the expense of the city.

(Ord. 1411, passed 4-27-82) Penalty, see § 151.99

151.37 ABANDONED OR DESTROYED USES.

Whenever the Building Inspector determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow a structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(Ord. 1411, passed 4-27-82) Penalty, see § 151.99

ADMINISTRATION AND ENFORCEMENT

151.50 PERMIT PROCEDURE.

(A) Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and approved by the Building Inspector.

(1) However, a permit for a tree of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when the tree, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

(2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.

(3) A permit shall be void after one year unless construction has commenced.

(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard 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 chapter or any amendments thereto or than it is when the application for a permit is made.

(C) Hazard marking and lighting. Any permit or variance granted may, if an action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question, at owner’s expense, to install, operate, and maintain markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(D) Conditional use permit. Any use allowed under any other zoning chapter provision which will be located in an approach or clear zone shall be treated as a conditional use under that provision and shall be subject to all procedures required for conditional uses under that ordinance.

(E) Places of public assembly. Places of public assembly proposing to locate in an approach or clear zone shall be discouraged and influenced to locate elsewhere. Most urban structures proposing to locate in a clear zone also shall be discouraged due to the danger of air crashes.

(Ord. 1411, passed 4-27-82) Penalty, see § 151.99

151.51 VARIANCES.

(A) Authorization to grant or deny variances.

(1) The Planning Commission may grant a variance to 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 chapter, where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty to the public interest and the granting of the variance will do substantial justice and be in accordance with the spirit of this chapter.

(2) In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interests of the surrounding property or vicinity or otherwise achieve the purposes of this chapter.

(B) Procedure for taking action on a variance application. The procedure for taking action on an application for a variance shall be as follows:

(1) A property owner or the Planning Commission may initiate a request for a variance by filing an application with the City Manager, using forms prescribed.

(2) Within 40 days of receipt of the application, the Planning Commission shall hold a hearing and render a decision thereon. The applicant shall be given written notice of the decision by the City Manager within five days of the decision.

(3) A variance shall be void after one year unless the variance has been substantially completed. However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request.

(4) No application for a variance shall be considered by the Planning Commission within one year of the denial of a request unless, in the opinion of the Planning Commission, new evidence of a change of circumstances warrants it.

(Ord. 1411, passed 4-27-82)

151.52 AMENDMENTS.

(A) Authorization to initiate amendments. An amendment to the text of this chapter or to the map may be initiated by the City Council, the Planning Commission or by application of a property owner. The request by a property owner for an amendment shall be accomplished by filing an application with the City Manager, using forms prescribed.

(B) Public hearings on amendments. The Planning Commission shall conduct a public hearing on the proposed amendment according to the procedures of 151.56 of this chapter at its earliest practicable meeting after it is proposed and shall, within 40 days after the hearing, recommend to the City Council approval, disapproval or modification of the proposed amendment. After receiving the recommendation of the Planning Commission, the City Council shall hold a public hearing on the proposed amendments.

(C) Record of amendments. The Finance Director/Recorder shall maintain records of amendments to the text and map of this chapter.

(Ord. 1411, passed 4-27-82)

151.53 ENFORCEMENT.

It shall be the duty of the City Manager to administer and enforce the regulations prescribed herein. The city staff shall have the duty to administer and approve permits. The Planning Commission shall conduct hearings on applications for variances.

(Ord. 1411, passed 4-27-82)

151.54 APPEALS.

(A) An appeal from a ruling of the City Manager or city staff regarding a requirement of the chapter may be made only to the Planning Commission.

(B) An action or ruling of the Planning Commission pursuant to this chapter may be appealed to the City Council within ten days after the Planning Commission has rendered its decision. Written notice of the appeal shall be filed with the City Manager. If the appeal is not filed within the ten-day period, the decision of the Planning Commission shall be final. If the appeal is filed, the City Council shall receive a report and recommendation thereon from the Planning Commission and shall hold a public hearing on the appeal.

(Ord. 1411, passed 4-27-82)

151.55 FILING FEES.

An application required by this chapter shall be accompanied by a fee as established by the City Council.

(Ord. 1411, passed 4-27-82)

151.56 PUBLIC HEARINGS.

(A) The procedures to be followed for each notice of hearing authorized by this chapter shall be substantially the same as those provided in Chapter 157, the city’s Zoning Code.

(B) The Planning Commission and the City Council may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons they decide may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced.

(Ord. 1411, passed 4-27-82)

151.57 CONFLICTING REGULATIONS.

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

(Ord. 1411, passed 4-27-82)

151.99 PENALTY.

Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $100 for each day a violation is a continuing offense but the fine may not exceed $1,000. A fine may not exceed $500 where the offense is not a continuing offense.

(Ord. 1411, passed 4-27-82)