HomeMy WebLinkAboutOrdinance 016-2014 Ordinance No. 16-14
An Ordinance amending the Zoning Ordinance of the City of Brookings
and pertaining to the Brookings Regional Airport Overlay District
for the purposes of Administration of the Zoning Ordinance.
Be It Ordained by the City Council of the City of Brookings, State of South Dakota that Chapter 94,
Zoning, shall be amended as follows:
Section 1.
ARTICLE III.—ZONING DISTRICTS ESTABLISHED; ZONING MAP
DIVISION 2.—OVERLAY DISTRICTS
Sec. 94-164. - Brookings Regional Airport Overlay District
(a) Purpose.The purpose of this ordinance is to create an airport overlay district that
considers safety issues around the Brookings Regional Airport, regulates and restricts the
heights of constructed structures and objects of natural growth, creates appropriate zones,
establishing the boundaries thereof and providing for changes in the restrictions and
boundaries of such zones, creates the permitting process for uses within said zones and
provides for enforcement, assessment of violation penalties, an appeals process, and
judicial review.
(b) Relation to Other Zone Districts. The Brookings Regional Airport Overlay District shall not
modify the boundaries of any underlying zoning district. Where identified,the Airport
Overlay District shall impose certain requirements on land use and construction in addition
to those contained in the underlying zoning district.
(c) Definitions.The following words and phrases when used in this ordinance shall have the
meaning given to them in this section unless the context clearly indicates otherwise.
Airport Elevation:The highest point of an airport's useable landing area measured in feet
above sea (evel.The airport elevation of the Brookings Regional Airport is 1646 feet.
Airport Hazard:Any structure or object, natural or manmade, or use of land which
obstructs the airspace required for the flight of aircraft in landing or taking off at an airport.
Airport Hazard Area:Any area of land or water upon which an airport hazard might be
established if not prevented as provided for in this Ordinance.
Approach Surface (Zone): An imaginary surface longitudinally centered on the extended
runway centerline and extending outward and upward from each end of the primary
surface. An approach surface is applied to each end of the runway based on the planned
approach. The inner edge of the approach surface is the same width as the primary surface
and expands uniformly depending on the planned approach. The approach surface zone is
derived from on the approach surface.
Conical Surface (Zone): An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty(20)feet horizontally to one (1)
foot vertically for a horizontal distance of 4,000 feet. The conical surface zone is derived
from the conical surface.
FAA: Federal Aviation Administration of the United States Department of Transportation.
Height: 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 (Zone):An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging ares of various radii from the center of the end of
the primary surface and then connecting the adjacent arc by tangent lines.The radius of
each arc is based on the planned approach.The horizontal surface zone is derived from the
horizontal surface.
Other than Utility Runway:A runway that is constricted for and intended to be used by
propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet
powered aircraft.
Nonconforming 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.
Non-Precision 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 a straight-in non-precision instrument approach
procedure has been approved or planned.
Obstruction:Any structure, growth, or other object, including a mobile object,which
exceeds a limiting height set forth by this Ordinance.
Precision Instrument Runway:A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also
means a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
Primary Surface:An imaginary surface longitudinally centered on the runway, extending
200 feet beyond the end of paved runways or ending at each end of turf runways.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 of an airport prepared for landing and takeoff of aircraft along its
length.
Runway Protection Zone (RPZ): A trapezoidal-shaped area centered about the extended
runway centerline that is used to enhance the safety of aircraft operations. It begins 200
feet beyond the end of the runway or area usable for takeoff or landing. The dimensions of
the zone are dependent upon the design aircraft,type of operation, and visibility
minimums. The area of an RPZ is dimensioned at the ground elevation and extends
vertically.
Structure: An object, including a mobile object, constructed or installed by man, including,
but not limited to, buildings,towers, cranes, smokestacks, earth formations and overhead
transmission lines.
Transitional Surface (Zone): An imaginary surface that extends outward and upward from
the edge of the primary and approach surfaces to the horizontal surface at a slope of seven
(7)feet horizontally to one (1)foot vertically (7:1). The transitional surface zone is derived
from the transitional surface.
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.
(d) Establishment of Runway Protection Zones.There are hereby created and established
runway protection zones within the Brookings Regional Airport Overlay District, defined in
Section 3, and depicted on the Runway Protection Zones Map which is attached to this
ordinance and made a part thereof. The dimensions of the runway protection zones are as
follows:
1. Runways 17 and 35
Length—1,000'
Inner width—250'
Outer width—450'
2. Runway 12
Length—2,500'
Inner width—1,000' -
Outer width—1,750'
3. Runway 30
Length—1,700'
Inner width—500'
Outer width—1,010'
(e) Establishment of airport surface zones. In order to carry out the provisions of this
ordinance,there are hereby created and established airport surface zones which include all
the land lying beneath the approach,transitional, horizontal, and conical surfaces as
they apply to the Brookings Regional Airport. Such zones are shown on the Isometric
View of Imaginary Surfaces Map, which is attached to this ordinance and made a part
thereof. Airspace located in more than one of the following zones is considered to be
only in the zone with the more restrictive height limitations. The various zones are
hereby established and defined as follows:
1. Approach Surface Zone
a. Runway 30- Runway Larger than Utility with a Visibility Minimum as low as%
Mile Non-precision Instrument Approach Surface Zone- Established beneath the
non-precision instrument approach surface. The inner edge of the zone coincides
with the width of the primary surface and is 500 feet wide. The 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 is the continuation of the centerline of the
runway. This approach surface slopes thirty-four(34) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surface.
b. Runways 17 and 35- Utility Runway Visual Approach Surface Zone- Established
beneath the visual approach surface.The inner edge of this zone coincides with the
width of the primary surface and is 250 feet wide.The zone expands outward
uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the
primary surface. Its centerline is the continuation of the centerline of the runway.
This approach surface slopes twenty (20) feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface.
c. Runway 12-Precision Instrument RunwayApproach Surface Zone- Established
beneath the precision instrument approach surface.The inner edge of this zone
coincides with the width of the primary surface and is 1,000 feet wide.The zone
expands outward uniformly to a width of 4,000 feet at a horizontal distance of
10,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway. This approach surface slopes fifty (50)feet outward for
each foot upward beginning at the end of and at the same elevation as the primary
surface.
2. Transitional Surface Zone—Established beneath the transitional surfaces adjacent to
each runway and approach surface as indicated on the Isometric View of Imaginary
Surfaces Map.
3. Horizontal Surface Zone- Established beneath the horizontal surface,which is 150 feet
above the established airport elevation,the perimeter of the zone is constructed by
swinging ares of a specified radii from the center of each end of the primary surface of each
runway and connecting the adjacent ares by drawing lines tangent to those ares.The
horizontal surface zone does not include the approach surface and transitional surface
zones. When a 5,000' arc is encompassed by tangents connecting two adjacent 10,000'
ares,the 5,000' are shall be disregarded in the construction of the perimeter of the zone.
The Horizontal Surface Zone location is depicted on the Isometric View of Imaginary
Surfaces Map. The radius of the arc at each end of the runway is as follows:
Runways 12 and 30— 10,000'
Runways 17 and 35—5,000'
4. Conical Surface Zone- Established beneath the conical surface.This zone commences at
the periphery of the horizontal surface and extends outward for a horizontal distance of
4,000 feet. The Conical Surface Zone is depicted on the Isometric View of Imaginary
Surfaces Map.
(f) Establishment of Use Restrictions and Height Limitations. Notwithstanding any other
provisions of this ordinance, no use shall be made of land or water within the Brookings
Regional Airport Overlay District in such a manner as to create electrical interference
with navigational signals or radio communications between the airport and aircraft, make
it difficult for pilots to distinguish between airport lights and others, impair visibility in
the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere
with the landing,takeoff, or maneuvering of aircraft utilizing the Brookings Regional
Airport. Uses within the following zones are permitted as follows:
1. Runwav Protection Zone (RPZ)—Areas within the RPZ shall contain no buildings or
temporary structures, aboveground utility lines and cables, other similar land use structural
hazards, or uses that create, attract, or bring together an assembly of persons thereon.
a. Permitted uses.
(1) seasonal crops
2. Ima�inarv Surface Zones—Subject at all times to the regulations of the underlying
zoning district, no use shall be established and no structure shall be erected, altered, or
maintained, and no tree shall be allowed to grow in any approach,transitional, horizontal,
or conical surface zone created by this ordinance to a height that would penetrate the
surface elevation herein established for such zone and depicted on the Isometric View of
Imaginary Surfaces Map.
(g) Permit Applications. Any person who plans to erect a new structure,to add to an existing
structure, or to erect and maintain any object (natural or manmade), in the vicinity of the
airport, shall first notify the City of Brookings. All applications must comply with Chapter
22, Article VII, CONSTRUCTION OR ALTERATION OF OBJECTS THAT MAY AFFECT
NAVIGABLE AIRSPACE, of the Municipal Code. No permit is required to make maintenance
repairs to or to replace parts of existing structures which do not enlarge or increase the
height of an existing structure.
(h) Variance. Any request for a variance shall include documentation in compliance with 14
Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-I as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations made by
the FAA and the City of Brookings as to the effect of the proposal in the operation of air
navigation facilities and the safe, efficient use of navigable air space. In particular,the
request for a variance shall consider which of the following categories the FAA has placed
the proposed construction in:
1. No Obiection-The subject construction is determined not to exceed obstruction
standards and marking/lighting is not required to mitigate a potential hazard. Under this
determination a variance shall be granted.
2. Conditional Determination-The proposed construction/alteration is determined to
create some level of encroachment into an airport hazard area which can be effectively
mitigated. Under this determination, a variance shall be granted contingent upon
implementation of mitigating measures as described in Section 10: Obstruction Marking
and Lighting.
3. Obiectionable-The proposed construction/alteration is determined to be a hazard and
is thus objectionable. A variance shall be denied and the reasons for this determination
shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly found that a literal
application or enforcement of regulations will result in unnecessary hardship and that
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 intent of this
ordinance.
(i) Pre-Existing Non-Conforming Uses. 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 non-conforming use. No non-
conforming use shall be structurally altered or permitted to grow higher, so as to increase
the non-conformity, and a non-conforming use, once substantially abated (subject to the
underlying zoning ordinance,) may only be reestablished consistent with the provisions
herein.
(j) Obstruction Marking and Lighting. Any permit or variance granted pursuant to the
provisions of this ordinance may be conditioned according to the process described in
Section 8 to require the owner of the structure or object of natural growth in question to
permit the municipality, at its own expense, or require the person requesting the permit or
variance,to install, operate, and maintain such marking or lighting as deemed necessary
to assure both ground and air safety.
(k) Violations and Penalties. Section 94-6 of this chapter shall govern all violations of the
provisions of this ordinance.
(I) Appeals.The board of adjustment shall hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made by an administrative
official in the enforcement of this chapter or of any ordinance adopted pursuant thereto.
(m) Conflicting Regulations. Where there exists a conflict between any of the regulations or
limitations prescribed in this ordinance and any other regulation applicable to the same
area,the more stringent limitation or requirement shall govern and prevail.
(n) Severability. If any of the provisions of this ordinance or the application thereof to any
person or circumstance 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 2.
The Isometric View of Imaginary Surfaces Map and the Runway Protection Zones Map of the
Brookings Regional Airport Overlay District are hereby made a part of this ordinance.
Section 3.
Any and all ordinances in conflict herewith are hereby repealed.
First Reading: July 22, 2014
Second Reading: August 26, 2014
Published: August 29, 2014
CITY OF BROOKINGS
. ���
0�0 .c�rroF9 Tim Reed, Mayor
?�•~�9�oc�
N: .� •!n
��•,� �F /�
�U� �v/
hari Thornes, City Clerk