[Res. No. 07-06, Zoning Order Art.
9 § A, 7-12-2007]
These regulations are adopted pursuant to the current Federal
Aviation Regulation (FAR) 14, Parts 77, Parts 91 and 105, and Missouri
Department of Transportation, Aviations Division standards as are
applicable to those areas within the County adjacent to and including
for each and every publicly owned, public use airport. FAR Part 77 — Objects
Affecting Navigable Airspace, is codified under Subchapter C, Aircraft
of Title 14 of the Code of Federal Regulations. These standards are
established to determine obstructions to air navigation and airport
use from new land uses, and to provide due process for determining
the effect of proposed construction or alterations to existing structures
and land uses or the safe and efficient use of airspace near and on
public airports.
[Res. No. 07-06, Zoning Order Art.
9 § B, 7-12-2007]
A.
The Airport Overlay District is to ensure a regulatory means of facilitating
airport compatible land uses in the vicinity of any public airport
in the County. These guidelines are written to:
1.
Encourage airport-compatible land uses through regulatory measures;
2.
Assist the applicant for land development in creating airport-compatible
development; and
3.
Assist relevant authorities and political subdivisions to promote
airport-compatible development. That the creation or establishment
of an obstruction or new land use has the potential of being contrary
to the public benefit or safety and the purposes of this Zoning Order;
and
4.
Preserve the interest of the public health, public safety, and
general welfare by the creation or establishment of obstructions or
uses that may have a negative potential to the use of or navigation
near airports be regulated as contained in this Article; and
5.
Cause the prevention of these obstructions or uses should be
accomplished, to the extent legally possible, by the exercise of police
power without compensation.
[Res. No. 07-06, Zoning Order Art.
9 § C, 7-12-2007]
All non-farm uses of land within the Airport Overlay District
shall comply with the standards and procedures of this Section. These
overlay regulations shall apply to all territory in an established
Airport Transition Zone and Airport Horizontal Zone as defined in
this Article.
[Res. No. 07-06, Zoning Order Art.
9 § D, 7-12-2007]
A.
Land development proposals shall comply with the following limitations:
1.
Proposed land uses shall be airport-compatible land uses which
generally shall be uses that do not attract large groups of people,
or other non-residential uses of a similar low-intensity land use;
and which meet height and hazard zoning requirements regarding setbacks
and structure heights.
2.
Towers and structure shall not exceed the height limitation
of the requirements of the FAA or any applicable State or Federal
agency.
3.
Proposed land uses shall not constitute a hazard to air navigation
as defined in these regulations.
[Res. No. 07-06, Zoning Order Art.
9 § E, 7-12-2007]
The following definitions shall apply within this Overlay District:
The City of Harrisonville, Missouri, public airport open
for public use, or any other publicly funded airport in Cass County
where navigable airspace restrictions extend into unincorporated territory
of the County.
The highest point above sea level along any existing operational
runway centerline at each airport location.
A zoning district overlay applied to all territory in established
airport spatial zones, wherein airport-compatible land uses shall
be encouraged through regulatory measures.
Generally, industrial uses of low intensity that do not attract
large groups of people, and which meet height and hazard requirements.
An obstruction determined to potentially have a substantial
adverse affect 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 Order and shown on the zoning map, the datum shall
be mean sea level (MSL) elevation unless otherwise specified.
Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of this Order
or an amendment thereto.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height or provides a potential for
limiting visibility, communications or maneuverability in the use
of the airport as set forth in this Order.
An individual, firm, partnership, corporation, company, association,
joint stock association or government entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
LARGER THAN UTILITYA runway that is constructed for and intended to be used primarily by aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight. May be either a non-precision or precision instrument rated type.
UTILITYA runway that is constructed for and intended to be used primarily by aircraft of less than twelve thousand five hundred (12,500) pounds.
VISUALA runway intended solely for the operation of aircraft using visual approach procedures.
NON-PRECISION INSTRUMENTA 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 approach without the use of precision instrument procedure has been approved or planned.
PRECISION INSTRUMENTA 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.
An object, including a mobile object, constructed or installed
by man, including buildings, towers, cranes, smokestacks, earth works
and overhead transmission lines.
APPROACH SURFACE PLANEA surface plane longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in this Article. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACE PLANEA surface plane extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a horizontal distance of four thousand (4,000) feet.
HORIZONTAL SURFACE PLANEA horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
PRIMARY SURFACEA surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of the runway. The width of the primary surface is set forth in this Article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
TRANSITIONAL SURFACES PLANEThese surfaces extend outward at ninety degree (90°) angles to the runway centerline and to the runway centerline as extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary surface and approach surface plane to where they intersect the horizontal plane and conical surface plane. Transitional surface planes for those portions of the precision approach type runway, which project through and beyond the limits of the conical surface plane, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety degree (90°) angles to the extended runway centerline.
[Res. No. 07-06, Zoning Order Art.
9 § F, 7-12-2007]
All proposed non-farm uses within the Airport Overlay District
shall be subject to Special Use Permit procedures as defined in this
Zoning Order.
[Res. No. 07-06, Zoning Order Art.
9 § G, 7-12-2007]
A.
In order to carry out the provisions of this Order, there are hereby
created and established certain three (3) dimensional, spatial zones.
1.
Spatial Zones include all of the land lying beneath the approach
surfaces, transitional surfaces, horizontal surfaces, and conical
surfaces as they apply to County area airport locations. An area located
in more than one (1) of the following zones is considered to be only
in the zone with the more restrictive limitation. Each area is defined
as follows, and includes the height regulations as shown.
2.
Spatial Zone Height Limitations require that, except as otherwise
provided in this Order, no use, no structure shall be erected, altered,
or maintained, and no tree shall be allowed to grow in any zone as
defined by this Order to a height in excess of the applicable height
herein established for each spatial zone. Such applicable height limitations
are hereby established for each of the spatial zones described:
a.
Utility Runways.
(1)
Visual Approach Spatial Zone. The inner edge of
this approach zone coincides with the width of the primary surface
and is two hundred fifty (250) feet wide. The approach zone expands
outward uniformly along the extended runway centerline to a width
of one thousand two hundred fifty (1,250) feet at a horizontal distance
of five thousand (5,000) feet from the primary surface.
(a)
Height Limitations. Slopes twenty (20) feet horizontally for
each foot vertically, begins at the end of and at the same elevation
as the primary surface and extends to a horizontal distance of five
thousand (5,000) feet along the extended runway centerline.
(2)
Non-Precision Instrument Approach Spatial Zone.
The inner edge of this approach zone coincides with the width of the
primary surface and is five hundred (500) feet wide. The approach
zone expands outward uniformly along the extended runway centerline
to a width of two thousand (2,000) feet at a horizontal distance five
thousand (5,000) feet from the primary surface. Its centerline is
the continuation of the centerline of the runway.
(a)
Height Limitations.
b.
Larger Than Utility Runways.
(1)
Non-Precision Instrument Approach Spatial Zone
With A Visibility Minimum Greater Than 3/4 Mile. The inner edge of
this approach zone coincides with the width of the primary surface
and is five hundred (500) feet wide. The approach zone expands outward
uniformly along the extended runway centerline to a width of three
thousand five hundred (3,500) feet at a horizontal distance of ten
thousand (10,000) feet from the primary surface.
(a)
Height Limitations. Slopes thirty-four (34) feet
horizontally for each foot vertically, begins at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of ten thousand (10,000) feet along the extended runway centerline.
(2)
Non-Precision Instrument Approach And Precision
Runway Spatial Zone With A Visibility Minimum Greater Than Three Fourth
(3/4) Mile. The inner edge of this approach zone coincides with the
width of the primary surface and is one thousand (1,000) feet wide.
The approach zone expands outward uniformly along the extended runway
centerline to a width of three thousand five hundred (3,500) feet
at a horizontal distance of ten thousand (10,000) feet from the primary
surface.
(a)
Height Limitations. Slopes thirty-four (34) feet
horizontally for each foot vertically, begins at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of ten thousand (10,000) feet along the extended runway centerline.
c.
Precision Instrument Runways — Utility Or Larger Than
Utility.
(1)
Approach Spatial Zone. The inner edge of this approach
zone coincides with the width of the primary surface and is one thousand
(1,000) feet wide. The approach zone expands outward uniformly along
the extended runway centerline to a width of sixteen thousand (16,000)
feet at a horizontal distance of fifty thousand (50,000) feet from
the primary surface.
(a)
Height Limitations. Slopes fifty (50) feet horizontally
for each foot vertically, begins at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of ten
thousand (10,000) feet along the extended runway centerline; thence
slopes forty (40) feet horizontally for each foot vertically to an
additional horizontal distance of forty thousand (40,000) feet along
the extended runway centerline.
d.
Additional Spatial Zones.
(1)
Horizontal Spatial Zone. The horizontal zone is
established by swinging arcs of five thousand (5,000) feet radii for
all runways designated as "utility" or "visual" and ten thousand (10,000)
feet for all others, as measured 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.
(a)
Height Limitations. Established at one hundred
fifty (150) feet above the airport elevation and extends at radii
of five thousand (5,000) feet (utility and visual) or ten thousand
(10,000) feet (all others) beyond each runway end.
(2)
Transition Spatial Zone. The transitional zones
are the areas beneath the transitional surfaces, which extend outward
from the primary surface area at a seven (7) horizontal to one (1)
vertical slope.
(a)
Height Limitations. Slopes seven (7) 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 one hundred fifty (150) feet above the airport elevation.
In addition to the foregoing, there are established height limits
sloping seven (7) feet outward for each foot upward beginning at the
sides of and 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 (7) feet outward for each foot upward
beginning at the sides of and the same elevation as the approach surface,
and extending a horizontal distance of five thousand (5,000) feet
measured at ninety degree (90°) angles to the extended runway
centerline.
(3)
Conical Spatial Zone. The conical zone is established
as the area that commences at the periphery of the horizontal zone
and extends outward there from a horizontal distance of four thousand
(4,000) feet.
(a)
Height Limitations. Slopes twenty (20) feet outward
for each foot upward beginning at the periphery of the horizontal
zone and at one hundred fifty (150) feet above the airport elevation
and extending to a height of three hundred fifty (350) feet above
the airport elevation.
3.
Use Restriction. Notwithstanding any other provisions of this
Order, no use may be made of land or water within any spatial zone
established by this Order in such a manner as to: 1) create electrical
interference with navigational signals or radio communication between
the airport and aircraft, 2) make it difficult for pilots to distinguish
between airport lights and others, result in glare in the eyes of
pilots using the airport, 3) impair visibility in the vicinity of
the airport, 4) create bird strike hazards, or 5) otherwise in any
way endanger or interfere with the landing, take-off, or maneuvering
of aircraft intending to use the airport.
a.
Marking And Lighting. Notwithstanding the preceding provision
of this Section, the owner of any existing non-conforming 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 County 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 appropriate governing body, agency,
or owner.
4.
Permits.
a.
Future Uses. Except as specifically provided in (a), (b), and
(c) 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 therefore
shall have been applied for and granted according to the provisions
for Special Use Permits in this Zoning Order. Each application for
a Special Use 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. No permit for a use inconsistent with
the provisions of this Order shall be granted unless a variance has
been approved in accordance with in this Zoning Order.
b.
In the area lying within the limits of the "horizontal" zone
and "conical" zone, no Special Use 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 limits prescribed for such zones.
c.
In areas lying within the limits of the "approach" zones but
at a horizontal distance of not less than four thousand two hundred
(4,200) feet from each end of the runway, no Special Use 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
approach zones.
d.
In the area lying within the limits of the "transition" zones
beyond the perimeter of the "horizontal" zone, no Special Use 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.
e.
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 Order, except as set forth
in this Article.
(1)
Existing Uses. No permit shall be granted that
would allow the establishment or creation of any obstruction or permit
a non-conforming use, structure, or tree to become a greater hazard
to air navigation than it was on the effective date of this Zoning
Order or any amendments thereto or than it is when the application
for a Special Use Permit is made.
(2)
Non-Conforming Uses Abandoned Or Destroyed. Whenever
the County Commission determines that a non-conforming use, tree or
structure has been abandoned or more than eighty percent (80%) demolished
or deteriorated, no Special Use Permit shall be granted that would
allow such use, structure or tree to exceed the applicable height
limit or otherwise deviate from the regulations.
5.
Variances. 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 as described in this Zoning
Order, may apply to the Board of Zoning Adjustment for a variance
according to the procedures defined in the Zoning Order. The application
for the requested variance shall be accompanied by a determination
from the Federal Aviation Administration and the Missouri Department
of Transportation, Aviation Division, and the ownership of the airport
for which the variance is being sought as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Such variances may be allowed where it
is duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship, will not be contrary to the public
interest, will not create a hazard to air navigation, will do substantial
justices, and will be in accordance with this Zoning Order.
6.
Obstruction Marking And Lighting. Any Special Use Permit or
variance granted may, if such action is deemed advisable to effectuate
the purpose of this Zoning Order 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 lighting as may be necessary. If deemed proper by
the County Commission, this condition may be modified to require the
owner to permit the County, at its own expense, to install, operate,
and maintain the necessary markings and lights.
