§ 12.10. Airport zoning

Definitions. As used in this article, the following words, terms and phrases shall have the meanings ascribed to them, unless the context otherwise requires:

Airport means Salina Municipal Airport.

Airport elevation means the established elevation of the highest point on the usable landing area.

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

Airport reference point means the point established as the approximate geographic center of the airport landing area and so designated.

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

Instrument runway means a runway equipped or to be equipped with a precision electronic navigation aid, landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.

Landing area means the area of the airport used for the landing, taking off or taxiing of aircraft.

Large airplane means an airplane of more than 12,500 pounds (5,700 kg.) maximum certificated takeoff weight.

Nonconforming use means any preexisting structure, tree, natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto.

Noninstrument runway means a runway other than an instrument runway and includes both nonprecision and visual runways.

Nonprecision instrument runway means a runway with an approved or planned straight-in instrument approach procedure which has no existing or planned precision instrument approach procedure.

Person means an individual, firm, partnership, corporation, company, association, joint stock association or political body, and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.

Runway means the paved surface of an airport landing area.

Small airplane means an airplane of 12,500 pounds (5,700 kg.) or less maximum certificated takeoff weight.

Structure means an object constructed or installed by man, including, but without limitation [to], buildings, towers, smokestacks and overhead transmission lines.

Tree means a woody perennial plant having a single usually elongated main stem with generally few or no branches on its lower part.

Visual runway means a runway without an existing or planned straight-in instrument approach procedure.

12.10.01 Zones. In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying within the instrument approach zones, noninstrument approach zones, transition zones, horizontal zones and conical zones. Such areas and zones are shown on the Salina Municipal Airport Airspace Drawing, consisting of one sheet, prepared by the Salina Airport Authority and dated May, 1992, which is attached to this article and made a part hereof. The various zones are hereby established and defined as follows:

(1) Instrument approach zone. An instrument approach zone is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(2) Nonprecision instrument approach zone. A nonprecision instrument approach zone is established at each end of all nonprecision instrument runways for the nonprecision instrument landings and takeoffs. Two approach zone sizes exist, one for runways serving small airplanes, one for runways serving large airplanes.

Large airplanes: The nonprecision instrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at a distance of ten thousand two hundred (10,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

Small airplane: The nonprecision instrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of two thousand (2,000) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

(3) VFR approach zone. A visual flight rules (VFR) approach zone shall have a width of two hundred fifty (250) feet at a distance of two hundred (200) feet beyond each end of the runway widening thereafter uniformly to a width of one thousand two hundred fifty (1,250) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway.

(4) Transition zones. Transition zones are hereby established adjacent to each instrument and noninstrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the airspace drawing.

Transition zones extend outward from a line two hundred fifty (250) feet on either side of the centerline of the noninstrument runway, for the length of such runway, plus two hundred (200) feet on each end; and five hundred (500) feet on either side of the centerline of the instrument runway, for the length of such runway, plus two hundred (200) feet on each end, and are parallel to and level with such runway centerlines. This described zone is known as the primary surface. The transition zones along such runways slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the horizontal surface. Further, transition zones are established adjacent to both instrument and noninstrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand (5,000) feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway.

(5) Horizontal surface. The horizontal surface is a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs. The radius of each arc is: (1) five thousand (5,000) feet for all runways designated as visual or nonprecision-small airplane; and (2) ten thousand (10,000) feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) foot arc is encompassed by tangents connecting two adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

(6) Conical surface. The conical surface is hereby established as a surface extending outward and upward from the periphery of the horizontal surface at a slope of one (1) foot vertically for each twenty (20) feet horizontal for a distance of four thousand (4,000) feet.

12.10.02. Height limitations.

A. Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this article to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows:

(1) Instrument approach zone. One (1) foot in height of each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runway and extending a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway;

(2) Noninstrument approach zones.

Large airplanes: One (1) foot in height for each thirty-four (34) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point ten thousand two hundred (10,200) feet from the end of the runway;

Small airplanes: One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway;

(3) Transition zones. One (1) foot in height for each seven (7) feet in horizontal distance beginning at any point two hundred fifty (250) feet normal to and at the elevation of the centerline of noninstrument runways, extending two hundred (200) feet beyond each end thereof, and five hundred (500) feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred (200) feet beyond each end thereof, extending to a height of one hundred fifty (150) feet above the airport elevation which is one thousand two hundred eighty-five (1,285) feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical surface a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand (5,000) feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended;

(4) Horizontal surface. One hundred fifty (150) feet above the airport elevation or a height of one thousand four hundred thirty-five (1,435) feet above mean sea level;

(5) Conical surface. One (1) foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal surface, extending three hundred fifty (350) feet above the airport elevation; and

(6) Excepted height limitations. Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to seventy-five (75) feet above the surface of the land; except when, because of the terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

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

12.10.03. Use restrictions. Notwithstanding any other provisions of this article, no use may be made of land within any zone established by this article in such manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, 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.

12.10.04. Nonconforming uses.

A. Regulations not retroactive. The regulations provided by this article shall not be construed to require the removal, lowering or other change or alternation of any structure or tree not conforming to the regulations as of November 20, 1992, as amended, or otherwise interfere with continuance of any nonconforming use, except as provided in subsection 3 of K.S.A. 3-707(3), or any amendments thereto; provided, however, that the county may require upon, thirty (30) days' notice in writing, any person owning and maintaining any nonconforming pole or pole line upon the roads and highways immediately adjoining the airport to remove, lower, change or alter said nonconforming pole or pole line upon prior payment by the Salina Airport Authority to said person of the reasonable and necessary expense of removing, lowering, changing or altering the pole or pole line; or in lieu thereof to execute a good and sufficient bond with corporate surety thereon as security for the payment of the reasonable and necessary expense of removing, lowering, changing or altering such pole or pole lines. Reasonable and necessary expense of removing, lowering, changing or altering the pole or pole line shall include, among other items of expense, the actual cost of (i) constructing underground conduits and the construction of such wires and equipment in such conduits, and (ii) rerouting wires together with the poles, cross arms and other equipment connected thereto, together with the cost of any new right-of-way made necessary by such rerouting.

B. Marking and lighting. Notwithstanding the preceding provisions of this article, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the building official to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the Salina Airport Authority.

12.10.05. Permits.

A. Future uses. Except as specifically provided in subsection (1), (2) and (3) hereunder, 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 granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in affirmative, the permit shall be granted.

(1) In the area lying within the limits of the horizontal surface and the conical surface, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such instrument or noninstrument approach zone.

(2) In the area lying within the limits of the instrument and noninstrument approach zones but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such instrument or noninstrument approach zone.

(3) In the area lying within the limits of the transition zones beyond the perimeter of the horizontal surface, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this article, except as set forth in 12.10.02.

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 be made or become higher, or become a greater hazard to air navigation, than it was on November 20, 1992, or on the effective date of any amendment to this article, or that it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C. Nonconforming uses abandoned or destroyed. Whenever the zoning administrator determines that a nonconforming structure or tree has been abandoned or more than eighty (80) percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these zoning regulations.

D. Variances and appeals. Variances from airport zoning regulations and appeals of decisions of the zoning administrator, with respect to the interpretation or application of the airport zoning regulations shall be considered by the board of zoning appeals, subject to the provisions of sections 13.04 and 13.05 of this resolution.

E. Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Salina Airport Authority, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

12.10.06. Enforcement. It shall be the duty of the zoning administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the zoning administrator upon a form furnished by him. Applications required by this article to be submitted to the zoning administrator shall be promptly considered and granted or denied by him. Applications for action by the board of zoning appeals shall be forthwith transmitted by the zoning administrator.

(Res. No. 1254-3, 11-10-92)