HomeMy WebLinkAboutOrdinance No. 734ORDINANCE NO. 734
ADDING CHaPTeR 17.56, AIRPORT ZONING,
TO THE LAUREL MUNICIPAL CODE.
BE IT ORDAINED by the Council of the City of Laurel,
there is hereby added to the Laurel Municipal Code Chapter
17.56 as follows (see attached regulations) as recommended
by the Laurel-Yellowstone City-County Planning Board:
Introduced at a regular meeting of the City Council on
April 19, 1983, by Alderman Sue Carter
Passed by the Laurel City Council and approved by the
Mayor this 3rd day of May, 1983.
Albert Ehr~i'ick, ~ayo~
Donald L. Hackmann, City Clerk
Approved as to form:
adley, City Atty ~
17.56.010 Intent Specifically, these criteria and guidelines are designed
to preserve existing and establish new compatible land uses around air-
ports, to allow land use not associated with high population concentration,
to minimize exposure of residential uses to critical aircraft noise areas,
to avoid danger from aircraft crashes, and to regulaie the area around the
airport to minimize danger to public health, safety, or property from the
.operation of the airport; to prevent obstruction to air navigation, and to
aid in realizing the goals, objectives, and polfcies of the Laurel Compre-
hensive Plan and the Laurel Airport Master Plan. These guidelines will con-
sider among other things:
A. The safety of the airport users and persons and property
in the vicinity of the airport;
B. The character of the flying operations conducted er ex-
pected to be conducted at the airport;
C. The magnitude and duration of noise produced by aircraft
and the number of aircraft flying;
D. The nature of the terrain;
E. The future development of the airport, and
F. The views and mandates of the .federal agency charged with
the fostering of civil aeronautics as to the aerial surfaces
necessary for safe flying operations.
(Derivation of section: 67-6-201, MCA, 1979)
i7.56.00i Definitions For ~the purpose of this airport zoning ordinance
certain words and terms used herein are defined in this chapter.
17.56.005 Airport area of influenae is an area encompassing the flight
pattern and the area located between the 55 and 65 Ldn contours as de-
picted on the Ldn contour map.
i7.56.020 Airport elevation is recorded and accepted as 3545 feet above
mean sea level (MSL).
i7.56.030 Airport property boundary refers to the area presently owned
or leased by the City of Laurel for use in the daily operation of the
airport. Proposed airport property boundary refers to any areas to be
acquired by the City for future development and protection of the facility.
i7.56.040 FAR Part 77 (Federal Aviation Regulation) refers to those
regulations which delineate imaginary surfaces as designated by the
Federal Aviation Administration (FAA) to control the height of objects,
both natural and man-made, which may affect navigable airspace around
the airport.
17.56.050 Flight patterns are an area one mile on each side of the run-
way centerline and one mile off each runway end. It also includes that
portion of an area 10,000 feet by 4,000 feet beginning 200 feet off of
each end of runway 3-21 and extending beyond the one mile length.
17.56.060 Ldn (day/night sound level) is the noise measuring system which
was utilized to predict the impact and impact area resulting from the
present and projected airport operations. The Ldn system that was util-
ized describes the environment in terms of contours which connect points
of equal noise exposure intensity. (The magnitude of .the. noise intensity
within the 60 Ldn contour is comparable with normal conversation.)
~17.56.070 Primary surface is a surface longitudinally centered on a run-
way; and extends 200 feet beyond each end of a runway. The primary sur-
face is 500 feet wide for runway 3-21 and 250 feet wide for runway 13-31.
The elevation of any point on the primary surface is the same as the ele-
vation of the nearest point on the runway centerline.
17.56.080 Runway layout refers to the orientation of the runways based
on magnetic north; the magnetic declination for the field is i6 East.
Proposed runway layout includes future extensions on existing runways
and new runways not yet constructed.
17.56.090 Structure is an object, includigg a mobile object, construct-
ed or installed by man, including but without limitation, buildings,
towers, cranes, smokestacks, earth formations, and overhead transmission
lines.
i7.56.100 Tree is any object of natural growth.
i7.56.110 City-County Planning Board to ac{ as zoning commission--duties
~e City-County Planning Board shall act as the airport zoning commission
whose duty it shall be to recommend the boundaries of the various original
districts, appropriate regulations to be enforced therein, and to propose
amendments or changes in either the boundaries or regulations as applicable.
(Derivation of section: 67-6-202 (2) MCA)
17.56.120 Administration of Regulations and Approval of Uses
The regulations shall be administered by the City-County Planning Board which
shall also have the authority to approve or disapprove proposed uses within
the airport zone unless overruled by the Airport Board within two weeks of the
date of the decision made by the City-County Planning Board.
17.56.130 Property covered by these Regulations
These regulations will affect the property which lies outside of the airport
boundary but inside of the airport area of influence.
17.56.i40 Districts Created
In order to carry out the intent of these regulations, the Laurel Airport
Area of Influence is hereby divided into the following basic airport zones.
Ldn Zones
Flight patterns
17.56.150 Airport Land Use Map
The boundaries of the airport zones are shown on the Laurel Airport Zoning Map
which is filed with the City Clerk. That map, along with all official
amendments thereto, is made part of these regulations.
17.56.160 Use Restrictions
Notwithstanding any other provisions of these regulations,'no use may be
made of land or water within any district established by this regulation
in such a manner as to create electrical interference with navigational
'signals or radio communication between the airpokt and aircraft, make it
difficult for pilots to distinguish between the airport lights and other
lights, result in glare in the eyes of the pilots using the airport, im-
pair visibility in the vicinity of the airport or otherwise in any way
create a hazard or endanger the landing, takeoff, or maneuvering of air-
craft intended to use the airport.
¢,
17.56.180 Airport Zone Height Limitations (Part 77, FAR)
In order to carry out the intent of these regulations, there are hereby
established imaginary surfaces for the purpose of limiting height. An
area located in more than one of the'following zones is limited by the
more restrictive zone. No structure or tree shall be erected, altered,
allowed to grow, or be maintained above the following imaginary surfaces:
1. Utility Runway Visual Approach Zone -siopes upward 20 feet
horizontally for each foot vertically, beginning at the end of
and at the same elevation and width as the primary surface and
extending to a horizontal distance of 5,000 feet along the ex-
tended runway centerline, with a lateral width of 1,250 feet.
2. Utility Runway Non-Precision Instrument Approach Zone - slopes
upward twenty (20) feet horizontally for each foot vertically
beginning at the end of and at the same elevation and width as
the primary surface and extending to a horizontal distance of
5,000 feet along the extended runway centerline, with a lat-
eral width of 2,000 feet.
3. Transitional Zone - slopes upward and outward seven feet hor~
izontally for each foot vertically beginning at the sides of
and at the same elevation and width as the primary surface and
the approach zones, and extending to a height of 150 feet above
the airport elevation. 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 ex-
tending to where they intersect with the conical surface.
4. Horizontal Zone - a horizontal plane 150 feet above the estab-
lished airport elevation, the perimeter of which is construct-
ed by swinging arcs of 5,000 feet from the center of each end
of the primary surface of each runway or each airport and con-
necting the adjacent arcs by lines tangent to those arcs.
5. Conical Zone - slopes upward and outward 20 feet horizontally
for each foot vertically beginning at the periphery of the
horizontal zone and extending to a height of 350 feet above
the airport elevation.
17.056.190 Non Conforming Uses
1. Regulations Not Retroactive. These regulations shall not
be construed to require the removal, lowering, or other
changes or alterations of any structure or tree not conform-
ing to the regulations as of the effective date hereof
Nothing herein contained shall
require any change in construction, alteration, or intended
use of any structure, the construction or alteration of
which was begun prior to the effective date of these regu-
lations, and is diligently prosecuted to completion.
2. Hazard Marking and Lighting. Notwithstanding (1) above,
the owner of any non-conforming structure mr tree is here-
by required to permit the City of Laurel, at its own expense,
to install, operate, and maintain thereon such markers and
lights as the Airport Board may deem necessary to indicate
to airmen the presence of airport hazards; provided that the
city does not by taking such action waive any right to exer-
cise eminent domain or abate as a nuisance any such non-
conforming structure.
17.056.200 Uses
1. Future uses.
No person shall make any ~ateriai change in
the use of land and no person shall erect, alter, plant or
otherwise establish any structure or tree in any zone hereby
created unless approval has been applied for and granted.
Applications for approvals shall be made to the City-County
Planning Board. Each application for an approval shall in-
dicate the purpose for which the approval is desired with
sufficient data to allow the City-County Planning Board
to determine whether the resulting use, structure, or tree would
conform to these regulations. If such determination is in the
affirmative, the approval shall be granted, unless overruled by
the Airport Board within two weeks of the date of the decision
of the Planning Board.'
2. Existing Use. No approval shall be granted tha$ wo~.d allow
the establishment or creation of an airport hazard or allow
a n0n-confdrming use, structure~or tree to be made or become
higher or a greater hazard to air navigation than it was on
the effective date of these regulations or any amendment
thereto or than it is when the application for an approval is
made.
3. Non-conforming Uses Abondoned or Destroyed. Whenever the City-
County Planning Board determines that a non-conforming structure
or tree has been abandoned or more than 80 per cent torn down,
destroyed, deteriorated, or decayed, no approval shall be
granted that would allow such structure or tree to exceed the
applicable height limit or otherwise deviate from these regu-
lations.
4. 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 these regulations
may apply to the City-County Planning Board for a variance
from such regulations. Such variance shall be allowed where
a literal application or enforcement of these regulations
would result in practical difficulty or unnecessary hardship
and the relief granted would not be contrary to the public
interest but do substantial.justice and be in accordance
with the spirit of these regulations and of the enabling
statute.
5. Hazard Marking and Lighting. In granting any approval or var-
iance, the City-County Planning Board
may, if such action is deemed advisable to effectuate the
purposes of these regulations and be reasonable in the circum-
stances, so condition such approval or variance as to require
the owner of the structure to permit the City of Laurel, at its
own expense, to install, operate, and maintain thereon such
markers and lights as may from time to time be necessary to indi-
cate to airmen the presence of an airport hazard.
LAU i~I:'L-yI~'LLOW~TO hi
CITY-COUNTY PLANNING BOARD
LAUREL, MONTANA 59044
April 14, 1983
Meeting called bo order by John Hawley Smith, President,
with the following members present:
John Hawley Smith, President (City Rep.)
R. M. Williams, Vice President (County Rep.)
Otto J. Preikszas, Exec. Secty (City Rep.
Ed LaPrath (County Rep.)
Joseph M. Bradley (City Rep.)
Gerald Shay, Member at Large
Jim Straw (County Rep.)
Bus Robert's (City Rep.)
Members absent:
Jim Seaton (County Rep.)
Debbie Ketterling (City Rep.)
Kenneth Christian (County Rep.)
Also present:
Margie Gough, Cumin Associates, Billings
Gary Ebbighausen
John Strecker
Valorie & James L. Kraft
Don Cahill
Kathleen phillips
Ira Burris Clark
Michael P. Wheeler
Jack Martin
Harold Williams
Robert & Barbara Smith
Jeannette Schmidt
Dave 0 Connor
Bobble Lefle~.
Lois Hansen
Barbara Sprague
J. D. Hintermeister
Duane Otis '
John Voogt
Alan Leksen
D6n, Pau~ & Mary Ann Kessler"
Russell M. & Frances L. Stada!man
OrenM. Hellesvig
Minutes o~ previous meeting approved with the correction
that Cal Cumin was also present at the last meeting. Bills
approved for payment: Engineering Department in the amount-of
$200 for Administrative Services in April; Laurel Outlook in
the amount pf $24.00 for advertising for public hearing; Cumin
Associates.in the amount of $90.00 for preparation and printing
of Airpor~ Zoning Map.
SPECIAL REVIEW JEHOVAH'S WITNESSES #PB8315: A special review
has been requested On Lots 2--5 of S & S Subdivision, R6000
zone. ~he owner proposes an 82'X45'6"~ church building plus
off-street parking. The property is located at 1007 West 4th
Street, Laurel. Notice published in Outlook March 23 and 30th.
page 2
Planning Board
minutes
April 14, 1983
Gary Ebbighausen described improvements to be made. No others
wanting to speak for the project. Cumin Associates says the
principal use of zone is within regulations. Barbara Smith
asked about adequacy of sewer line which she stated was put in
by residents along 4th Street. Robert Smith mentioned 2 ditches
one a drain ditch which problems should be resolved. Mr.
Ebbighausen implied water line is adequate and drainage will
be addressed.
Motion from 0tto Preikszas to allow the owner to proceed
pending permits and resSlving problems with City. Recommendation
will go now tO Council for a public hearing on May 17th.
PUBLIC HEARING~ ZONE CHANGE MARTIN ETAL PB #83-6: A zone change
has been requested on Lots 7 through 15, Block 21, Laurel Realty,
2nd Subdivision (entire half block facing 1st Avenue), from
R6000 zone to allow Residential Professional (RP). One owner
proposes a dental.clinic. The properties are located at or near
519 1st Avenue, Laurel.
Jack Martin wishes to se~l three lots to Dr. Michael Wheeler
Who wants to build a clinic on three lots at 519 1st Avenue.
Alleges some precedent in Hoklin Clinic south corner at 1st
Avenue and 4th Street. Dr. Wheeler has no specific immediate
plans. Cumin Associates says 2.07 acres are required for zone
change. Places presently in place were before passage of zoning
ordinance. Planner insists the board cannot act contrary to
ordinance 17.32.~20.
Opponents: John M. Strecker lives opposite~site and wants to
know about increases in traffic. First Avenue is busy enough.
Mrs. Hackert Phillips said at a council meeting of several
years ago she heard that the objective is to keep 1st Avenue
residential above 3rd Avenue.
Bobbie Lefler spoke against as did Russell Stadalman who lives
directly behind.
Harold Williams of 519,Montana spoke about desirability of
keeping area residential.
Mr. Martin rebutted that this is Residential Professional, not
commercial. Mrs. Phillips owns property being used as commercial
within a block or so of site.
Mr. Williams suggested that this may be a "foot in the door" to
wider development.
Mrs. Phillips says.her house is readily convertible to a house.
Mr. Shay of the Planning Board suggested that Residential Professional
zone has n~rowly permitted uses.
Motion from Gerald Shay to deny, seconded by Ed LaPrath.
Mr. LaPrath sited 24th Street West in BilIings as a problem
area and suggested to approve would create problems. Mr.
Bradley said problem there was only one side of street was
zoned and the other side of street is suing. Motion carried.
This is a recommendation that will now go to Council for public
hearing on May 17th.
page 3
Planning Board
minutes
April 14, 1983
HOME OCCUPATIONS: Michael N. Rolison dba RAM Enterprises of
1038 7th Avenue not present, so no action taken by Board.
Don A. Kessler dba K~ssler Decorating of I009 7th Avenue present.
This business involves decorating, painting, and wall papering.
No paint for sale. Ladders, brushes, basic tools only things
stored on premises. Basically a service is commodity for
sale. Jim Straw asked and Joe Bradley answered most anyone
needs licenses. Cumin Associated recommends disapproval due
to tendency to store tag ends.
Motion from R. M..Williams, seconded by Jim Straw, to
recommend approval. Carried.
Roger Odom dba Odom Investigations of 820 1st Avenue not present,
So no action taken by Board.
Robert J. Kettenring dba Ten-Ring Enterprises of 8lB W. 12th
St. not present, so no action taken by Board.
Barbara A. S~rague dba Barb's Screen Printing of 501 Alder
Ave. present. This.business involved silk-screening T-shirts,
posters and signs. It is a type of painting. Three closest
neighbors do not object. Petitioner currently does not have
enough money to rent downtown. Gerald Shay pointed out a
small wooden sign permitted. Fire Department approval needed.
C~min Associates, true to form, found problems. Joe Bradley
moved to deny, seconded by Bus Roberts. Jim Straw questioned
whether this is a sole worker enterprise. If business grows
it will be more. 4 votes for denial, 3 votes to grant. Mot~n
carried to recommend denial.
Ira Burris Clark dba Soots You Chimney Sweep of 1121 7th Avenue
present. No office, really out of truck. 'No storage, no sale
of stoves. Cumin Associates recommends denial. Mc~on from
Otto Preikszas to approve, seconded by Jim Straw. Carried.
AIRPORT ZONING PB #83-4: Cumin Associates changed zoning authority
to be City-County Planning Board. Board would approve or
disapprove a use in zoned area. The Planning Board recommends
acceptance of the map and recommends appropriate regulations
to be enforced. This will go before the Council April 19th.
HOME OCCUPATIONS FORM: Cumin Associates presented revised form.
Motion from Joe Bradley to accept the form, seconded by Gerald
Shay. Approved.
ANNEXATION PROCEDURE FORM: Procedure to be followed is bas±cally
Title 7, Ch. 2, part 47, M.C.A. (Montana Codes Annotated). Joe
Bradley thinks this'should be an ordinance rather than a resolution,
and says he will revise the resolution into an ordinance'for
presentatig~ at next mee~ting.
Cumin Associates presented their quarterly planning activities
report for the period from December 15, 1982, to March 10, 198B.
Meeting adjourned at 9:00 p.m.'
Respectfully submitted,
Otto J. Preikszas
Executive Secretary