ARTICLE I. - AIRPORT OVERLAY ZONE AND AIRPORT AREA SPECIAL REGULATIONS

10-13I-1: - AIRPORT OVERLAY ZONE AND AIRPORT AREA SPECIAL REGULATIONS:#

A.

Purpose and Intent: It is hereby found that an airport hazard endangers the lives and property of users of the nearby Ogden-Hinckley airport and of occupants of land or to property in its vicinity, and also that if in effect such hazard substantially reduces the size of the area available for the landing, taking off and maneuvering of aircraft, it tends to destroy or impair the utility of the nearby Ogden-Hinckley airport and the public investment therein and causes adverse effects on the safety of residents and the economic development of the region.

B.

Height Limiting Zones: In order to carry out the provisions of this title, there are hereby created and established certain height limiting zones, which include all the incorporated land lying within the non-precision and precision instrument approach zones, non-instrument approach zones, transitional surface zones, horizontal surface zones, and conical surface zones. Such zones are shown on the airport zoning map, on the Ogden-Hinckley airport layout plan (ALP), which is available through contact with the airport manager, on the Ogden-Hinckley airport website, and as an airport overlay zone on the Riverdale City zoning map.

C.

Objects that Affect Navigable Airspace: Federal aviation regulations, as found in the Code of Federal Regulation (CFR) Title 14, Chapter 1 (E.), part 77, outlines that "objects affecting navigable airspace" prescribe airspace standards which should be free from penetrations which represent obstructions to air navigation. These standards and their relationship to the physical features and terrain on and around Ogden-Hinckley airport must be considered prior to construction or alteration of any building or structure located within the airport's navigable airspace. Plan sheets that present the part 77 standards, existing obstructions, and limiting heights and elevations for future development adjacent to the airport and within the airport environs are part of the Ogden-Hinckley airport layout plan and are available in the airport manager's office.

D.

Federal Aviation Regulations 14 CFR Part 77 Surfaces: Airport imaginary surfaces (FAR part 77) are established relative to the airport and each runway. The size of each imaginary surface is based on the category of each runway with respect to the existing and proposed approaches for that runway. The slope and dimensions of each approach surface are determined by the most precise approach existing or proposed for that runway end. The part 77 imaginary surface definitions include:

1.

Primary Surface: A rectangular area, symmetrically located about the runway centerline and extending a distance of two hundred feet (200') beyond each runway threshold. Its elevation is the same as that of the runway.

2.

Horizontal Surface: An oval shaped, level area situated one hundred fifty feet (150') above the airport elevation. Its dimensions are governed by the runway service category.

3.

Conical Surface: A sloping area whose inner perimeter conforms to the shape of the horizontal surface. It extends outward for a distance of five thousand feet (5,000') measured horizontally, while sloping upward at a twenty to one (20:1) (horizontal:vertical) ratio.

4.

Transitional Surface: A sloping area which begins at the edge of the primary surface and slopes upward and outward at a ratio of seven to one (7:1) (horizontal:vertical) until it intersects the horizontal surface.

5.

Approach Surfaces: These surfaces begin at the ends of the primary surface two hundred feet (200') beyond the runway threshold) and slope upward and outward at a predetermined ratio while flaring outward horizontally. The width and elevation of the inner ends conform to that of the primary surface; while slope, length and width of the outer ends are governed by the runway service category and existing or proposed instrument approach procedure. The Ogden-Hinckley airport approach surfaces are as follows:

See Ogden airport runway map through Ogden City website (see pdf page 26): https://www.ogdencity.gov/DocumentCenter/View/12538/OGD_AirportMasterPlan_Draft?bidId= Runway Surface

3-21 20:1

17-35 20:1

E.

Height Restrictions: Construction of buildings and other structures within the airport vicinity must not conflict with airport operations. Therefore, all proposed construction and development must be reviewed in accordance with FAR part 77 regulations to ascertain obstructions and/or potential penetrations. By this zoning ordinance, the city hereby notifies proposed builders/developers of the FAA notification requirement for construction (FAA form 7460-1) or alteration of manmade structures. This FAA notification requirement applies to any construction or alteration of:

1.

A structure (permanent or temporary) more than two hundred feet (200') in height above the ground level at its site; and/or

2.

A structure of greater height than an imaginary surface extending outward and upward at one hundred to one (100:1) slope for a horizontal distance of twenty thousand feet (20,000') from the nearest point of the nearest runway. Forms and additional information are available at the Ogden-Hinckley airport manager's office.

F.

Nonconforming Uses:

1.

Regulations Not Retroactive: The regulations prescribed by the ordinance codified as this chapter shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuation of any nonconforming use. Nothing herein contained 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 hereof and is diligently prosecuted.

2.

Marking and Lighting: Notwithstanding the provisions of subsection A of this section, 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 airport manager 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 property owner involved.

G.

Permits:

1.

Future Uses: Except as specifically provided in subsections K.1.a. through K.1.c. of this section, no material change shall be made in the use of the land and no structures or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit thereof shall have been applied for and granted by the city. 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.

2.

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 the effective date hereof, or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such permit shall be granted.

3.

Nonconforming Uses Abandoned or Destroyed: Whenever the building official determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated, or decayed, any existing permit shall be rescinded and the nonconforming structure or tree shall be removed by the owner.

4.

Appeals: Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use his property not in accordance with the regulations prescribed in this title, may apply to the city appeal authority for consideration of the appeals request from such regulations. Such appeals shall be allowed where it is duly found that a literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this title.

5.

Hazard Marking and Lighting: Any permit or appeals granted may, if such action is deemed advisable to effectuate the purpose of this title and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question at his own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of any airport hazard.

H.

Conflicting Regulations: Where there exists a conflict between any of the regulations or limitations prescribed in this title or any other regulations applicable to the same zone, whether the conflict be with respect to the height of structures or trees, the use of the land, or any other matter, the airport overlay zone requirements shall govern and prevail.

(Ord. 978, 2-20-2024)