Article 8 Airport Zoning Regulations

§11-801       Falls City Code              §11-801

Article 8.  Airport Zoning Regulations

§11-801   LOCATION, BOUNDARIES, ZONE AND HEIGHT RESTRICTIONS.  The vicinity of the Falls City Airport, located in section(s) 2 & 3, Township 1 North, Range 16E, in Richardson County, Nebraska, from the boundaries of such airport, to a distance or two (2) statute miles in all directions from the adjacent boundaries of the airport, is hereby declared an airport hazard area and is hereby zoned as follows:

Subdivision 1.  Hazard Area Descriptions.

The Hazard Area consists of Operation Zones, Approach Zones, Turning Zones and Transition Zones.  The outer boundary of the Hazard Area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the Approach and Turning Zones.

Subdivision 2.  Zone Descriptions.

a.   The Operation Zones shall be located along each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the landing or taking off of airplanes and shall begin or end at each end of each land strip and two hundred feet (200') beyond the end of each runway and shall be five hundred feet (500') in width for each instrument runway or landing strip and two hundred fifty feet (250') in width for all other runways and landing strips.

b.   The Approach Zones shall begin at the ends of their respective Operation Zones and shall extend and expand uniformly centered along the extended centerline of the respective runway or landing strip, to the outer boundary of the Approach Zone at a rate of fifteen feet (15') of width for each one hundred feet (100') of horizontal length for the instrument runway or landing strip and ten feet (10') of width for each one hundred feet (100') of horizontal length for all other runways.

The Inner Area of each Approach Zone shall be that portion of the Approach Zone beginning at the end of the respective or proposed Operation Zone and extending to the intersection of the controlling glide angle with a plane one hundred fifty feet (150') above the highest elevation of any runway or landing strip.

The Outer Area of each Approach Zone shall be the area between the outer limit of the Inner Area of the Approach Zone and the outer limit of the Approach Zone.

c.   The Transition Zones shall be the areas within airport property bounded by the outer sides of the Operation Zones of the Hazard Area, the sides of contiguous inner areas of Approach Zones and the outer limits of the Transition Zones; said outer limits of the Transition Zones being the intersections, at elevations of one hundred fifty feet (150') above the highest elevation at the ends or edges of the closet runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from the bases established by the Operation Zones of the Hazard Area and the edges of adjacent inner areas of Approach Zones; said planes rising outwardly from their respective bases along lines perpendicular to the centerline of the landing strip or runway at the rate of one foot (1') vertically to seven feet (7') horizontally to the lines of intersection previously referred to.

d.   The Turning Zones shall comprise all portions of the Hazard Area not contained in the Operation Zones, Approach Zones and in the Transition Zones.  The outer limits of the Turning Zone shall be a series of points forming a line which is the horizontal distance of two (2) statute miles from the nearest points along the airport property lines.

Subdivision 3.  Height Restrictions.

No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established, nor shall any tree or other object of natural growth be allowed to grow:

1.   In Inner Areas of Approach Zones to a height above the elevation of the nearest point on the end or proposed end of said instrument runway or landing strip in excess of 1/20, and all other runways or landing strips in excess of 1/20 of the distance from the end of the approach zone (the end nearest the runway or landing strip) to said structure or object;

2.   In the Outer Area of Approach Zones and in Turning Zones to a height in excess of one hundred fifty feet (150') above the highest elevation of any runway or landing strip;

3.   In the Transition Zones to a height above the planes forming the transition slopes; and

4.   In the existing or proposed Operation Zones to a height above the existing or proposed finished grade of said runways or landing strips or surface of the ground.

§11-802   LOCATION SKETCH AND ZONING MAP.  The boundaries, operation zones, approach zones, transition zones, and turning zones of said airport are as indicated on the Zoning Map, Drawing

No.  ZN-FC-73 which accompanies and is hereby made a part of these regulations, a copy of which shall at all times be on file in the office of the City Clerk, Falls City, Nebraska.

§11-803   PERMIT REQUIRED, EXCEPTIONS, APPLICATION FORMS, AND PERMIT FEES. 

Subdivision 1.  Permit required.

It shall hereafter be unlawful to erect, construct, reconstruct, repair, or establish any building, transmission line,

communication line, pole, tower, smokestack, chimney, wires, or other structure or appurtenance thereto of any kind or character or to plant or replant any tree or other object of natural growth, within the boundary of the zones area of said airport without first obtaining a "permit" from the Administrative Agency.

Subdivision 2.  Exceptions.

In the Outer Area of Approach Zones and within the Turning Zones, no permit shall be required for any construction or planting which is not higher than seventy-five feet (75') above the elevation of the end of the nearest runway or landing strip.

Subdivision 3.  Application forms.

Application for a permit as required under these regulations shall be made upon a form to be available in the office of the City Clerk, Falls City, Nebraska, and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway of landing strip and height of the proposed structure or planting.  (Mean Sea Level Elevation)

Subdivision 4.  Permit fees.

The fee for each permit shall be two dollars ($2.00) and all fees received by the Administrative Agency shall be paid to him to the City Treasurer for deposit in the Airport Revenue Fund.  No fee shall be charged for a permit for any construction or repair whose estimated cost is less than one hundred dollars ($100.00).

§11-804   NONCONFORMING STRUCTURES.  Within the zoned area as hereinbefore defined, no nonconforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character or object of natural growth shall hereafter be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow, as the case may be, to a height which constitutes a greater hazard to air navigation that existed before these regulations were adopted; nor above the heights permitted by these regulations if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of 80 per cent or more of their original condition, or abandoned for a period of twelve months or more.  Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment necessary for the operation and maintenance of same within the zone regulated.

§11-805   MARKING OF NONCONFORMING STRUCTURES.  Whenever the Administrative Agency shall determine, or shall be notified by the Joint Zoning Board or the Nebraska Department of Aeronautics, that a specific nonconforming structure or object exists and has existed prior to the passage of these regulations and within the zoned area hereinbefore described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing or taking off from said airport, the owner or owners and the lessor or lessors of the premises on which such structure or object is located shall be notified in writing by the said Administrative Agency and shall within a reasonable time permit the marking thereof by suitable lights or other signals designated by the said agency and based on the recommendations of the Nebraska Department of Aeronautics.  The cost of such marking shall not be assessed against the owner or lessor of said premise.

§11-806   ADMINISTRATIVE AGENCY.  The Building Inspector of the City of Falls City, Nebraska, shall administer and enforce these regulations, and shall be in the administrative agency provided for in section 3-319, R.R.S.  1943, and shall have all the powers and perform all the duties of the administrative agency as provided by the Airport Zoning Act, until otherwise ordered by the Falls City Joint Airport Zoning Board.

§11-807   ZONING BOARD OF ADJUSTMENT.  The Zoning Board of Adjustment of the City of Falls City, Richardson County, Nebraska, shall be the Board of Adjustment with respect to these regulations, to have and exercise the powers conferred by section 3-320 R.R.S. 1943, and such other powers and duties as are conferred and imposed by law.

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