Ordinance No. 2012-02

BOUNDARY COUNTY AIRPORT OVERLAY DISTRICT

AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, SETTING FORTH ITS AUTHORITY TO ESTABLISH AN “AIRPORT OVERLAY DISTRICT” TO INCLUDE: PURPOSES OF THE DISTRICT, DEFINITIONS, AIRPORT ZONES, AIRPORT ZONE HEIGHT LIMITATIONS; PERMITS REQUIRED; USE RESTRICTIONS; NONCONFORMING USES; VARIANCES; CONFLICTING REGULATIONS; AMENDING THE OFFICIAL ZONING MAP BY THE ADOPTION OF AN OFFICIAL SUPPLEMENTARY AIRPORT OVERLAY ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Title 21, Chapter 5, Idaho Code, and Title 67, Chapter 65, Idaho Code, and Article 12, Section 2, of the Idaho State Constitution provide for the adoption of airport zoning regulations; and

WHEREAS, an airport hazard, as defined at Title 21, Chapter 5, Idaho Code, endangers the lives and property of users of the Boundary County Airport and property of occupants of land in its vicinity; and

WHEREAS, certain airport hazards, as defined, in effect reduce the size of the area available for landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Boundary County Airport and the public investment therein; and

WHEREAS, the creation or establishment of an airport hazard, as defined, is a public nuisance and an injury to the region served by the Boundary County Airport; and

WHEREAS, it is necessary in the interest of public health, public safety and general welfare that the creation or establishment of airport hazards, as defined, be prevented; and

WHEREAS, the prevention of these airport hazards, as defined, should be accomplished, to the extent legally possible, by the exercise of police power without compensation; and

WHEREAS, both the prevention of the creation or establishment of airport hazards, as defined, and the elimination, removal, alternation, mitigation or marking and lighting of existing airport hazards, as defined, are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land; and

WHEREAS, The Boundary County Board of Commissioners did hold public hearing on December 20, 2011 and January 23, 2012.

NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Boundary
County, Idaho, that the following be and is hereby adopted as an ordinance of Boundary County:

Zoning Ordinance For:
Airport Name: Boundary County Airport
Airport Location: Bonners Ferry, Idaho
Airport Sponsor: Boundary County Commissioners

Section 1: Purpose
Section 2: Short Title
Section 3: Sponsor, Governing Authority and Administrator
Section 4: Relation to Other Zone Districts
Section 5: Definitions
Section 6: Establishment of Airport Zones
Section 7: Airport Zone Height Limitations
Section 8: Land Use Compatibility Requirements
Section 9: Pre-existing Non-conforming Uses
Section 10: Land Use Applications
Section 11: Permits
Section 12: Notice of Land Use and Permit Applications
Section 13: Variance
Section 14: Obstruction Marking and Lighting
Section 15: Violations and Penalties
Section 16: Appeals
Section 17: Conflicting Regulations
Section 18: Severability
Section 19: Effective Date

Section 1: Purpose:

The purpose of this ordinance is to create an airport overlay zone that considers safety issues around the 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 use within said zones and provides for the enforcement, violation penalties, appeals process and for judicial review.

Section 2: Short Title:

This ordinance shall be known and may be cited as the Boundary County Airport Overlay Zoning Ordinance, and the zones created, in their entirety, as the Boundary County Airport Overlay Zone District.

Section 3: Sponsor, Governing Authority and Administrator:

As used in this ordinance, the Owner/Sponsor of the Boundary County Airport is the County of Boundary, State of Idaho. The Owner/Sponsor hereby designates the Boundary County Commissioners as the Governing Authority for the Boundary County Airport. The Owner/Sponsor hereby designates the Airport Manager as the administrator for the Boundary County Airport. The Owner/Sponsor hereby designates the Zoning Administrator as administrator of this ordinance.

Section 4: Relation to Other Zone Districts:

The Boundary Airport Overlay Zone District does not modify the boundaries of any underlying zone district. Where identified, the Boundary County Airport Overlay Zone District shall impose certain requirements on land use and construction in addition to those contained in the underlying zone district.

Section 5: Definitions

Approach/Departure Surface: A surface longitudinally centered on the extended runway center line. The inner edge of the approach/departure surface is the same width as the primary surface (500-feet), expanding uniformly to a width of 3,500 feet.

A. The south approach/departure surface (Runway 2), starts at the south end of the runway extending 1400 feet horizontally then from the corners of the 500 foot primary surface then extending 10000 feet to a final width of 3500 feet at a slope of 40:1.

B. The north approach departure surface (Runway 20), starts at the northern corners of the primary surface and extends 5,000 feet northward to a final width of 1,500 feet, at a slope of 20-feet outward for each foot upward.

Conical Surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000-feet.

Horizontal Surface: A horizontal plane 150-feet above the established airport elevation, the perimeter of which is constructed by swinging arcs a radius of 10,000-feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

Notification Zone: A surface extending from the nearest point of the runway out 20,000 feet at a slope of 100 to 1 which requires notification to the F.A.A. via Form 7460-1 with one copy provided to the airport manager.

Primary Surface: A surface longitudinally centered on a runway, extending 500-feet each side of centerline pursuant to Part 77, Federal Aviation Regulations (FAR), and 1400 feet beyond the south end and 200 feet beyond the north end. 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 the Boundary County Airport prepared for landing and takeoff of aircraft along its length.

Runway Protection Zone: An area off the runway end used to enhance protection to people and property on the ground. The Runway Protection Zone lies on the surface of the ground and extends from the north and south corners of the runway outward to a width of 675-feet at a distance of 1,200 feet.

Transitional Surface: Those surfaces that extend upward and outward at 90-degree angles to the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach/departure surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach/departure surfaces which project through and beyond the limits of the conical surface, extend a distance of 10,000-feet measured horizontally from the edge of the approach.

Section 6: Establishment of Airport Zones:

There are hereby created and established certain zones airport zones within the Airport Overlay Zone, depicted on drawings hereby adopted as part of this ordinance, which include:

    Approach Zone/Departure Zone: The area under the approach/departure surface.
    Transitional Zone: The area under the transitional surface.
    Horizontal Zone: The area under the horizontal surface.
D. Conical Zone: The area under the conical surface.
E. Runway Protection Zone: The area under the Runway Protection Zone as defined in Section 5.
F. Notification Zone: The area under the Notification Zone as defined in Section 5.

Section 7: Airport Zone Height Limitations:

Except as otherwise provided in this Ordinance, no structure shall be erected, altered or maintained and no tree shall be allowed to grow so as to encroach from the ground into any of the surfaces defined in Section 5.

Section 8: Land Use Compatibility Requirements:

Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the following:
A. General: Notwithstanding any other provisions of this Ordinance, no use shall be made of land or water within the Airport Overlay Zone 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 Boundary County Airport.

   Structures: Regardless of the underlying zone district, any structure within the airport overlay zone which is allowed as a use by right shall require application for a zoning certificate prior to the onset of construction.

   Lighting: No new or expanded industrial, commercial, recreational or residential use shall project lighting directly onto an existing runway, taxiway or approach/departure surface except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to reflect light away from airport approach/departure surfaces, and shall not imitate airport lighting.

   Communications Facilities and Electrical Interference: No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Approval of cellular and other communications or transmission towers located within the airport overlay zone shall be conditioned to require their removal within 90 days of discontinuance of use, and a performance bond shall be required.

   Noise: For any property within 10,000 ft of the runway. A notification that noise levels may commonly exceed 55 db shall be attached to any subdivision or partition approval or other land use approval or building permit. Such notification shall also be included in the closing documents, to be signed by the purchaser, for any parcel entirely or partially within 10,000 ft of the runway. Any new construction within this area will be encouraged to have increased sound insulation methods.

   Prohibited Uses: Within the runway protection zone, new residential development and public assembly facilities are hereby prohibited.

   Landfills: No new sanitary landfills, sewage lagoons, sewage sludge disposal facilities or similar facilities shall be permitted within 10,000 feet of the runway. Expansion of existing landfill or sewage disposal facilities within this distance shall be permitted only upon demonstration that such facilities shall be designed and operated so as not to increase the likelihood of bird/aircraft collisions.

Section 9: 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; however, the owner of any existing non-conforming use shall be required to allow the installation, operation and maintenance of such markers and/or lighting as shall be deemed necessary the Board of County Commissioners on recommendation by the Airport Manager, to include written consensus from the Federal Aviation Administration or the Idaho Department of Transportation as provided in Title 51, Chapter 5, Idaho Code. No non-conforming use shall be structurally altered so as to increase the non-conformity, and a non-conforming use, once substantially abated, may only be reestablished so as to comply with the provisions herein.

Section 10: Land Use Applications:

Within 20,000 feet of the nearest point on the runway, information must be obtained from the Zoning Administrator concerning height limitations or zoning restrictions when:
   Any structure or tree penetrates the Notification Zone.

Section 11: Permits:

When an application for a land use permit meets the criteria established at Section 8, this Ordinance, no land use permit shall be issued without the signature of the Zoning Administrator with written recommendation of the Airport Administrator, who will verify that the application meets the specifications set forth herein.

Section 12: Notice of Land Use and Permit Applications:

The zoning administrator shall provide the Airport Administrator written notice of all applications and permits for land use within the Airport Overlay Zone. Notice of land use applications requiring public hearing shall be provided at the same time that written notice of such application is provided to property owners entitled such notice. Written notice must be provided to the Federal Aviation Administration for any structure that may penetrate the Notification Zone for approval prior to construction as per F.A.A. regulation 77.17(a) subject to the discretion of the Airport Administrator prior to issuance of a permit.

Section 13: Variance:

Any person desiring to erect or increase the height of any structure or permit the growth of any tree, or to use property in a manner not in accordance with the provisions of this ordinance, may make application to the zoning administrator for a variance from such regulations. The application shall be accompanied by a determination from the Federal Aviation Administration and the Idaho Division of Aeronautics as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. Such variances shall be granted where it is duly found that a literal application or enforcement of the 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 spirit of this ordinance.

Section 14: Obstruction Marking and Lighting:

Any permit or variance granted pursuant to the provisions of this ordinance may be conditioned to require the installation and maintenance, at the owner’s expense, of such marking or lighting as deemed necessary to assure both ground and air safety.

Section 15: Violations and Penalties:

The violation of any provision of this ordinance shall be deemed a misdemeanor punishable by a fine not to exceed $300, imprisonment in the Boundary County Jail for a period not to exceed six (6) months, or both fine and imprisonment. In addition to the criminal penalties established herein, the Boundary County Prosecuting Attorney and or another Attorney, at the discretion of the Board of County Commissioners, may take steps necessary to seek civil remedies to abate the violation(s).

Section 16: Appeals:

A. Any person aggrieved by any administrative decision made in interpretation or enforcement of this ordinance may appeal said decision to the board of county commissioners by submitting a letter of appeal to the zoning administrator. The letter of appeal should include the name, address and telephone number of the appellant, the action or decision being appealed, and full details and grounds for the appeal.
B. Upon receipt of a letter of appeal, the zoning administrator will determine whether the appeal affects adjacent property owners. If it is determined that such affect exists, a public hearing will be scheduled on the next available regular meeting agenda of the board of county commissioners, allowing for public notification as established by the Boundary County Zoning
and Subdivision Ordinance. If it is determined that the appeal will not affect adjacent property owners, the appeal will be scheduled on the next available regular meeting agenda of the board with no public notification required.
C. The Board may affirm, modify or reverse the decision of the zoning administrator, and shall provide written notice to the appellant of the decision rendered. The decision shall be in writing, setting forth findings of fact and conclusions in support of the decision.
D. Recourse from any final decision rendered by the board of county commissioners shall be to the courts as provided by law.

Section 17: 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.

Section 18: 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 19: Effective Date:

WHEREAS, the immediate operation of the provisions of this Ordinance are necessary for the preservation of the public health, public safety and general welfare, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from its passage by the Boundary County Board of County Commissioners and publication and posting as required by law.

ADOPTED THIS 23rd DAY OF JANUARY, 2012:
Chairman Smith "aye"
Commissioner Dinning: "aye"
Commissioner Kirby "aye"
COUNTY OF BOUNDARY
BOARD OF COUNTY COMMISSIONERS
s/__________________________
RONALD R. SMITH, Chairman
s/___________________________
DAN R. DINNING, Commissioner
s/__________________________
WALT KIRBY, Commissioner
ATTEST:
s/____________________________________
GLENDA POSTON
Clerk of the Board of County Commissioners
Recorded as instrument #253102
***Clerk’s Note: For the attachment (map and diagram) see the original ordinance on file in the Clerk’s Office.