23-101.      An airport hazard endangers the lives and property of users of the Abilene Municipal Airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the municipal investment of interest therein. Accordingly, it is hereby declared:

a.     The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the Abilene Municipal Airport;

b.     It is in the interest of public health, safety, and general welfare that the creation or establishment of airport hazards be prevented. Both the prevention of the creation or establishment of airport hazards and the elimination, removal or alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds and acquire land or property purposes therein, as provided in K.S.A. 3-702.

Airport. The Abilene Municipal Airport.

Airport District Structure. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

Airport Elevation. The highest point of an airport’s usable landing as measurable in feet from sea level.

Airport Hazard. Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking off of aircraft.

Airport Hazard Area. Any area of land or water upon which an airport hazard might be established if not prevented as provided in this Section.

Airport Layout Plan. A plan map that shows areas subject to Airport Zoning regulations. Said map is incorporated by reference and made a part of these zoning regulations.

Airport Overlay Height. For the purpose of determining the height limits in all airport overlay districts in this section and shown on the “Airspace Plan” incorporated herein by reference, the datum shall be mean sea level elevation unless otherwise specified.

Approach Surface. A surface longitudinally center on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach overlay district height limitation slope set forth as these regulations. In plan, the perimeter of the approach surface coincides with the perimeter of the approach overlay district.

Nonconforming Airport Use. Any pre-existing structure, object of natural growth, or use of land which is non-consistent with the provisions of these airport zoning regulations or an amendment thereto.

Non-precision Instrument Runway. 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 non-precision instrument approach procedure has been approved or planned.

Obstruction. Any structure, growth, or other object including a mobile object, which exceeds a limiting height set forth in these airport zoning regulations.

Primary Surface. A surface longitudinally centered on a runway. When the runway has a conditionally prepared hard surface, the primary surface extends two-hundred (200) feet beyond each 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. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

23-301.      In order to prevent the creation or establishment of airport hazards, these airport zoning regulations are adopted by the Governing Body under powers conferred by K.S.A. 3-703 and by the Home Rule Amendment to the Kansas Constitution. AP Zoning is an overlay zone which shall have P, CS, A, I-1 or I-2 as its underlying zoning.

23-401.      In the event of conflict between any airport zoning regulations in this Article and any other zoning regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement as to airport hazards shall govern and prevail.

23-501.      Incorporated by Reference: The boundaries of the Airport Overlay Zoning District shall be shown on the Airport Layout Plan, marked “Official copy of the Abilene Airport Layout Plan incorporated into zoning regulations by adoption by the governing body of the City of Abilene on the 27th day of September 1999,” and incorporated herein by reference. The Layout Plan is on file in the office of the Zoning Administrator.

23-601.      No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in the Airport Overlay District to a height which may in any way create an interference with the operations of the Abilene Municipal Airport.

23-701.      Use Restrictions Generally: Notwithstanding any other provisions of this Article, no use may be made of land or water within the AP-O District in such a manner as to create electrical interference with navigational signals or radio communication between the Abilene Municipal Airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the Airport.

23-702.      Use Restrictions in AP District: Only nonresidential uses shall be permitted within the AP District. Permitted uses shall meet the height limitation standards established in this Article. The following uses are permitted in the AP-O District:

a.     Agricultural uses

b.     Public and private recreational uses such as golf courses, parks, and wildlife and nature preserves.

c.     Any use permitted in the Industrial Districts (I-1 or I-2).

23-801.      All nonconforming uses within the AP-O District shall be subject to the regulations of this section in addition to the provisions of these zoning regulations dealing with nonconforming uses.

23-802.      Regulations Not Retroactive: Nothing in this Article shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to these AP-O regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in Section 23-1003. However, the Governing Body may require, upon thirty (30) days notice in writing, that any party owning and maintaining any nonconforming pole or pole line upon the roads and highways immediately adjoining the Airport to remove, lower, change, or alter said nonconforming pole or pole line, upon prior payment by the Governing Body to said person, firm, association, or corporation of the reasonable and necessary expense of removing, lowering, changing, lowering, changing, or altering said poles or pole lines shall include, among other items of expense, the actual cost of:

a.     Constructing underground conduits and the construction of such wires and equipment in such conduits; and

b.     Rerouting wires together with the poles, cross arms and other equipment connected thereto, together with the cost, if any, of new right-of-way made necessary by such rerouting.

23-803.      Marking and Lighting: Notwithstanding Section 23-802, 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 Zoning Administrator 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 City.

23-901.      Permits Required: Except as specifically provided in this section, 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 property zoned AP-O District unless a permit therefore is granted by the Zoning Administrator. 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 prescribed in this Article. If such determination is in the affirmative, the permit shall be granted by the Zoning Administrator, except as provided herein.

23-902.      Permits for Nonconforming Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.

23-903.      Permits for Nonconforming Uses Abandoned or Destroyed: Whenever the Zoning Administrator determines that a nonconforming use has been abandoned, torn down, or damaged more than fifty (50) percent of its fair market valuation by fire, explosion, act of God, or the public enemy, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these zoning regulations.

23-1001.    Application for Variance: As authorized by K.S.A. 3-707(2), any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his or her property in violation of the AP-O District regulations, may apply for a variance from the zoning regulation in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would 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 Article. A variance may be allowed subject to any reasonable conditions necessary to effectuate the purposes of this Article.

23-1002.    Determination by Federal Aviation Administration: An application for variance to the requirements of this Article shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

23-1003.    Recommendation of Zoning Administrator: No application for variance to the requirements of this Article shall be considered unless a copy of the application has been furnished to the Zoning Administrator, who may seek additional advice as to the aeronautical effects of the variance. The Zoning Administrator shall respond to the application for variance within fifteen (15) days after receipt of same.

23-1101.    Any permit or variance granted under the authority of this Article may, if such action is deemed advisable to effectuate the purpose of this Article 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 lights that may be necessary. If deemed proper by the City, this condition may be modified to require the owner to permit the Zoning Administrator, at the expense of the City, to install, operate, and maintain the necessary markings and lights.

23-1201.    It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed in this Article. Applications for permits and variances shall be made to the Zoning Administrator upon a form furnished for that purpose.