[Amended 10-7-2014 by Ord. No. 14-03(a]
This article is intended to promote the use and development
of land in a manner that is compatible with the continued operation
and utility of the Henderson City-County Airport so as to protect
the public investment in and benefit provided by the facility to the
region. The article also protects the public health, safety, convenience
and general welfare of citizens who utilize the facility or live and
work in the vicinity by preventing the creation or establishment of
obstructions or incompatible land uses that are hazardous to the airport's
operation or public welfare. It is hereby found that an obstruction
has the potential for endangering the lives and property of users
of the Henderson City-County Airport, and property or occupants of
land in its vicinity; that an obstruction may affect existing and
future instrument approach minimums for the Henderson City-County
Airport; and maneuvering of aircraft, thus tending to destroy or impair
the utility of the Henderson City-County Airport and the public investment
therein. Accordingly, it is declared:
A.
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by Henderson
City-County Airport.
B.
That it is necessary in the interest of the health, safety, and general
welfare that the creation or establishment of obstructions that are
a hazard to air navigation be prevented.
C.
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
D.
It is further declared that the prevention of the creation or establishment
of hazards to air navigation; the elimination, removal, alteration
or mitigation of hazards to air navigation; or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
the land.
Unless otherwise specifically defined in this article or otherwise
clearly indicated by their context, terms in this article shall be
defined as follows:
Henderson City-County Airport.
The highest point of an airport's usable landing area measured
in feet from sea level.
A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary
surface and at the same slope as the approach zone height limitation
slope set forth in § 28.04 of this article. In plan the
perimeter of the approach coincides with the perimeter of the approach
zone.
These zones are set forth in § 28.03 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
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.
The area of the primary surface coincides in size and shape
with the designated takeoff and landing area of a heliport. This surface
is a horizontal plane at the elevation of the established heliport
elevation.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this article
or an amendment thereto.
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 nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in § 28.04
of this article.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision 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.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface exceeds
200 feet beyond each end of the runway; for military runways when
the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at the end of the runway. The width
of the primary surface is set forth in § 28.03, Airport
zones, of this Article. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway
center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formations, and overhead transmission lines.
These surfaces extend outward at a ninety-degree angle to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect with
the horizontal and conical surfaces. Transitional surfaces for those
portions of the precision approach surfaces, which project through
and beyond the limits of the conical surface, extend a distance of
5,000 feet measured horizontally from the edge of the approach surface
and at ninety-degree angles to the extended runway center lines.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
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 beneath the approach surfaces, transitional surfaces,
horizontal surfaces, and conical surfaces as they apply to the Henderson
City-County Airport Zoning Map consisting of the Henderson City-County
Airport Airspace Plan and Land Use Plan Sheets. 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. The various zones
are hereby established and defined as follows:
A.
Utility runway visual approach zone. The inner edge of this approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach zone expands outward uniformly to a width of 1,250
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
B.
Utility runway nonprecision instrument approach zone. The inner edge
of this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
C.
Runway larger than utility visual approach zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is 500 feet wide. The approach zone expands outward uniformly
to a width of 1,500 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
D.
Runway larger than utility with visibility minimum greater than 3/4
of mile nonprecision instrument approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 500 feet wide. 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 center line is the continuation of the center
line of the runway.
E.
Runway larger than utility with visibility minimum as low as 3/4
of mile nonprecision instrument approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F.
Precision instrument runway approach zone. The inner edge of this
approach zone coincides with the width of the primary surface and
is 1,000 feet wide. The approach zone expands outward uniformly to
a width of 16,000 feet at a horizontal distance of 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
G.
Heliport approach zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 50 feet wide. The approach
zone expands outward uniformly to a width of 500 feet at a horizontal
distance of 4,000 feet from the primary surface.
H.
Primary surface. A surface longitudinally centered on a runway. When
the runway has a specially prepared hard surface, the primary surface
exceeds 200 feet beyond each end of the runway; for military runways
when the runway has no specially prepared hard surface, or planned
hard surface, the primary surface ends at the end of the runway. The
width of the primary surface is set forth in § 28.03, Airport
zones, of this article. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway
center line.
I.
Transitional zones. The transitional zones are the areas beneath
the transitional surfaces.
J.
Heliport transitional zones. These zones extend outward from the
sides of the primary surface and the heliport approach zones, a distance
of 250 feet from the primary surface center line and the heliport
approach zone center line.
K.
Horizontal zone. The horizontal zone is 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.
L.
Conical zone. The conical zone is established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom
a horizontal distance of 4,000 feet.
M.
Navigable airspace zone. That airspace which begins at ground level
and overlies all of Henderson City and the County.
Except as otherwise provided in this article, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
grow in any zone created by this article to a height in excess of
the applicable height limit herein established for such zone. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A.
Utility runway visual approach zone: slopes 20 feet outward for each
foot upward beginning at the end of and at the same elevation as the
primary surface and extending to a horizontal distance of 5,000 feet
along the extended runway center line.
B.
Utility runway nonprecision instrument approach zone: slopes 20 feet
outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 5,000 feet along the extended runway center line.
C.
Runway larger than utility visual approach zone: slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
D.
Runway larger than utility with visibility minimum greater than 3/4
of mile nonprecision instrument approach zone: slopes 34 feet outward
for each foot upward 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 center line.
E.
Runway larger than utility with a visibility minimum as low as 3/4
of mile precision instrument approach zone: slopes 34 feet outward
for each foot upward 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 center line.
F.
Precision instrument runway approach zone: slopes 50 feet outward
for each foot upward 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 center line; thence slopes upward 40
feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway center line.
G.
Heliport approach zone: slopes eight feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface
and extending to a distance of 4,000 feet along the heliport approach
zone center line.
H.
Transitional zone: slopes seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of 150
feet above the airport elevation which is 386 feet above mean sea
level. In addition to the foregoing, there are established height
limits sloping seven feet outward for each foot upward beginning at
the sides of and at the same elevation as the approach surface, and
extending to where they intersect the conical surface. Where the precision
instrument runway approach zone projects beyond the conical zone,
there are established height limits sloping seven feet outward for
each foot upward beginning at the sides of and at the same elevation
as the approach surface, and extending a horizontal distance of 5,000
feet measured at ninety-degree angles to the extended runway center
line.
I.
Heliport transitional zone: slopes two feet outward for each foot
upward beginning at the sides of and at the same elevation as the
primary surface and the heliport approach zones and extending a distance
of 250 feet measured horizontally from and at ninety-degree angles
to the primary surface center line and heliport approach zones center
line.
J.
Horizontal zone: established at 150 feet above the airport elevation
or at a height of 536 feet above mean sea level.
K.
Conical zone: slopes 20 feet outward for each foot upward 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.
L.
Navigable airspace zone: established at 200 feet above ground level
(AGL) at all points in the County except those encompassed by other
airport zones defined herein.
M.
Excepted height limitations: Nothing in this article shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 50 feet above the surface of
the land.
Notwithstanding any other provisions of this article, no use
may be made of land or water within any zone established by this article
in such a manner as to create electrical interference with navigational
signals or radio communication between the airport and aircraft, make
it difficult for pilots to distinguish between airport lights and
others, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards,
or otherwise in any way endanger or interfere with the landing, takeoff,
maneuvering of aircraft intending to use the airport.
A.
Regulations not retroactive. The regulations prescribed by this article
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 article, or otherwise
interfere with the continuance of 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 article, and is diligently
prosecuted.
B.
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing 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 Commissioner, Department of Aviation, Kentucky Transportation
Cabinet and the Kentucky Airport Zoning Commission, to indicate to
the operators of aircraft in the vicinity of the airport the presence
of such airport obstruction. Such markers and lights shall be installed,
operated, and maintained at the expense of the Henderson City-County
Air Board, the Kentucky Transportation Cabinet and the Aviation Administration,
jointly or severally.
A.
Future uses. Except as specifically provided in the subsections hereunder,
no material change shall be made in the use of land, no structure
shall be erected or otherwise established, and no tree shall be planted
in any zone hereby created unless a permit therefor shall have been
applied for and granted by the Board of Zoning Adjustment and the
Kentucky Airport Zoning Commission. 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 the affirmative, the permit shall be granted.
No permit for a use inconsistent with the provisions of this article
shall be granted unless a variance has been approved as provided herein.
(1)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 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 limits prescribed for such
zones.
(2)
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when
such tree or structure would extend above the height limit prescribed
for such approach zones.
(3)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zone, no permit shall be required
for any tree or structure less than 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.
(4)
In areas lying outside other airport zones but within navigable
airspace, no permit shall be required for the establishment of structures
which extend less than 200 feet in height above the ground.
(5)
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction, or
alteration of any structure, or growth of any tree in excess of any
of the height limits established by this except as set forth in § 28.04.
B.
Existing uses. No permit shall be granted that would allow the establishment
or creation of an obstruction 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 article or any amendments thereto or than
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 enforcement
officer 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 such structure
or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
D.
Variances. Any person desiring to erect or increase the height of
any structure, or permit the growth of any street, or use property,
not in accordance with the regulations prescribed in this article,
may apply to the Board of Zoning Adjustment for a variance from such
regulations. The application for variance shall be accompanied by
a determination from the Federal Aviation Administration and Kentucky
Airport Zoning Commission as to the effect of the proposal on the
operation of air navigation facilities and the safe, efficient use
of navigable airspace. Such variances shall be allowed where it is
duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and 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 spirit
of this article. Additionally, no application for variance to the
requirements of this article may be considered by the Board of Adjustment
unless a copy of the application has been furnished to the Henderson
City-County Air Board for advice as to the aeronautical effects of
the variance. If the Henderson City-County Air Board does not respond
to the application within 15 days after receipt, the Board of Zoning
Adjustment may act on its own to grant or deny said application.
E.
Obstruction 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 install,
operate and maintain, at the owner's expense, such markings and lights
as may be necessary. If deemed proper by the Board of Zoning Adjustment,
this condition may be modified to require the owner to permit the
Henderson City-County Air Board, at its own expense, to install, operate,
and maintain the necessary markings and lights.
F.
Air Board review. No permit shall be granted for any structure subject
to this article prior to the review of the application for permit
by the Henderson City-County Air Board and Kentucky Airport Zoning
Commission as provided for herein. All such applications shall be
submitted to the Air Board by the Executive Director of the Henderson
City-County Planning Commission within five days of receipt of the
application from the applicant. The Air Board shall have 15 days thereafter
to review/comment upon the application. Any negative comments shall
be submitted in writing to the Executive Director, Henderson City-County
Planning Commission.
