Chapter 18.205
FORBES FIELD AND PHILIP BILLARD AIRPORTS HAZARD ZONING

Sections:

18.205.010    Short title.

18.205.020    Definitions.

18.205.030    Airport zones established.

18.205.040    Airport zone height limitations.

18.205.050    Use restrictions.

18.205.060    Nonconforming uses.

18.205.070    Permits.

18.205.080    Enforcement of chapter.

18.205.090    Penalty for violation of chapter.

18.205.100    Conflicting regulations.

    Cross References: Metropolitan Topeka airport authority, TMC 2.105.070; planning, Chapters 2.135 and 18.05 TMC; buildings and building regulations, TMC Title 14.

    State Law References: Aircraft and airfields, K.S.A. Chapter 3; airport zoning regulations, K.S.A. 3-701 et seq.

18.205.010 Short title.

This chapter shall be known and may be cited as “Forbes Field and Philip Billard Airports hazard zoning.” (Code 1981 § 4-55. Code 1995 § 22-26.)

18.205.020 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Airport” means the Forbes Field Airport and the Philip Billard Airport.

“Airport elevation” means the highest point of an airport’s usable landing area measured in feet from mean sea level.

“Airport hazard” means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

Approach, Transitional, Horizontal and Conical Zones. These zones apply to the area under the approach, transitional, horizontal and conical surfaces defined in Federal Aviation Regulation Part 77.

“Board of zoning appeals” means a board consisting of not less than three nor more than seven members appointed by the board of county commissioners or the mayor of the city.

Height. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

“Nonconforming use” means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or any amendment thereto.

“Nonprecision instrument runway” means 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, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service’s military airport planning document.

“Person” means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative of any of them.

“Precision instrument runway” means 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 FAA-approved airport layout plan or a military service’s military airport planning document.

“Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway.

The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

“Runway” means a defined area of an airport prepared for the landing and takeoff of aircraft along its length.

“Structure” means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formations and overhead transmission lines.

“Tree” means any object of natural growth.

“Utility runway” means a runway that is constructed for an intended use by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

“Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service’s approved military airport layout plan, or by a planning document submitted to the FAA by competent authority. (Code 1981 § 4-56. Code 1995 § 22-27.)

    Cross References: Definitions generally, TMC 1.10.020.

18.205.030 Airport zones established.

(a) Zones Defined. In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on the airport hazard zoning map prepared by the Metropolitan Topeka Airport Authority which is attached to Ordinance No. 14650 and made a part of this chapter by reference. 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:

(1) Utility Runway Visual Approach Zone. The inner edge of the utility runway visual 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 1,250 feet at a horizontal distance of 5,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(2) 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 centerline being the continuation of the centerline of the runway.

(3) Runway Larger Than Utility with a Visibility Minimum Greater Than Three-Fourths-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 centerline being the continuation of the centerline of the runway.

(4) Runway Larger Than Utility with a Visibility Minimum as Low as Three-Fourths-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 centerline being the continuation of the centerline of the runway.

(5) Precision Instrument Runway Approach Zone. The inner edge of the precision instrument runway 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 50,000 feet from the primary surface, its centerline being the continuation of the centerline of the runway.

(6) Transitional Zones. Transitional zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at a 90-degree angle to the runway centerline and the runway centerline 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 the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones 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 and at 90-degree angles to the extended runway centerline.

(7) Horizontal Zone. The horizontal zone is hereby established by swinging arcs of specified radii from the center of each end of the primary surface to each runway. The radius of each arc is 5,000 feet for all runways designated as utility or visual; and 10,000 feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot areas, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(8) Conical Zone. The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(b) Determination of Zones Where Uncertainty May Arise. The location of all zones as indicated and described on the airport zoning map shall prevail where there is uncertainty in application to any or all lands located within such zones. Such determination of the zones, including all real property, shall be made by scaling and using mathematical methods in conjunction with property descriptions. The responsibility for making such determination shall be with the Topeka-Shawnee County metropolitan planning commission staff. (Code 1981 § 4-57. Code 1995 § 22-28.)

    Cross References: Planning commission, Chapter 2.135 TMC.

    State Law References: Zones authorized, K.S.A. 3-703.

18.205.040 Airport zone height limitations.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the height limit established in this section 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 upward 20 feet horizontally for each foot vertically, being 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 centerline.

(b) Runway Larger Than Utility Visual Approach Zone. Slopes upward 20 feet horizontally for each foot vertically 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 centerline.

(c) Runway Larger Than Utility with a Visibility Minimum Greater Than Three-Fourths-Mile Nonprecision Instrument Approach Zone. Slopes upward 34 feet horizontally for each foot vertically 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 centerline.

(d) Runway Larger Than Utility with a Visibility Minimum as Low as Three-Fourths-Mile Nonprecision Instrument Approach Zone. Slopes upward 34 feet horizontally for each foot vertically 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 centerline.

(e) Precision Instrument Runway Approach Zone. Slopes upward 50 feet horizontally for each foot vertically 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 centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(f) Transitional Zones. Slopes upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation which is 1,079 feet above mean sea level at Forbes Field and 880 feet above mean sea level at Philip Billard Airport. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface, and extending to a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(g) Horizontal Zone. One hundred fifty feet above the airport elevation or a height of 1,229 feet above sea level at Forbes Field and 1,030 feet above mean sea level at Philip Billard Airport.

(h) Conical Zone. Slopes upward and outward 20 feet horizontally for each foot vertically 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.

(i) Excepted Height Limitations. Nothing in this section shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 75 feet above the surface of the land.

Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. (Code 1981 § 4-58. Code 1995 § 22-29.)

    State Law References: Height restrictions authorized, K.S.A. 3-703.

18.205.050 Use restrictions.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to:

(a) Create electrical interference with navigational signals or radio communication between airport and aircraft;

(b) Make it difficult for pilots to distinguish between airport lights and others;

(c) Result in a glare in the eyes of pilots using the airport;

(d) Impair visibility in the vicinity of the airport; or

(e) Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport. (Code 1981 § 4-59. Code 1995 § 22-30.)

    State Law References: Use restrictions authorized, K.S.A. 3-703.

18.205.060 Nonconforming uses.

(a) Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of May 13, 1980, or otherwise interfere with the continuance of nonconforming use.

(b) Marking and Lighting. Notwithstanding the provisions of subsection (a) 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 executive director of the metropolitan airport authority 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 metropolitan Topeka airport authority. (Code 1981 § 4-60. Code 1995 § 22-31.)

    State Law References: Nonconforming uses, K.S.A. 3-706.

18.205.070 Permits.

(a) Future Uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created under this chapter unless a permit therefor shall have been applied for and granted.

(1) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

(2) Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations prescribed in this chapter. If such determination is in the affirmative, the permit shall be granted.

(b) 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 become a greater hazard to air navigation than it was on May 13, 1980, or on the effective date of any amendments to this chapter, 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 chief building inspector or county zoning administrator, within his respective jurisdiction, determines that a nonconforming tree or structure has been abandoned or more than 80 percent 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 tree, or use his property not in accordance with the regulations prescribed in this chapter may apply to the city or county board of zoning appeals, dependent upon jurisdiction, for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter.

(e) Hazard Marking and Lighting. Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this chapter and to be reasonable under the circumstances, may be so conditioned as to require the owner of the structure or tree in question to permit the metropolitan Topeka airport authority, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard. (Code 1981 § 4-61. Code 1995 § 22-32.)

    Cross References: Board of zoning appeals, Chapter 2.120 TMC.

    State Law References: Permits and variances, K.S.A. 3-707.

18.205.080 Enforcement of chapter.

It shall be the duty of the code enforcement director of the city or the county zoning administrator to administer and enforce the regulations prescribed in this chapter. Applications for a variance shall be made to the appropriate enforcement agency upon a form furnished by it. Applications required by this chapter to be submitted to the code enforcement director of the city or to the county zoning administrator shall be promptly considered and granted or denied. Application for action by the city or county board of zoning appeals shall be forthwith transmitted by the appropriate enforcement officer. (Code 1981 § 4-62. Code 1995 § 22-33.)

    Cross References: Board of zoning appeals, Chapter 2.120 TMC; development services division, Chapter 2.30 TMC.

18.205.090 Penalty for violation of chapter.

Each violation of this chapter or of any regulation, order or ruling promulgated under this chapter shall constitute a misdemeanor and be punishable as provided in TMC 1.10.070. (Code 1981 § 4-63. Code 1995 § 22-34.)

    State Law References: Judicial enforcement of airport zoning ordinances, K.S.A. 3-710.

18.205.100 Conflicting regulations.

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Code 1981 § 4-64. Code 1995 § 22-35.)

    State Law References: Similar provisions, K.S.A. 3-704.