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Airport Zoning Regulations 1974MEMORANDUM Concerning PROCEDURE FOR ADOPTION OF AIRPORT ZONING REGULATIONS Under Airport Zoning Act. (Sections 3 ®301 to 3 ®333, R. R. S. 1943) Prepared By THE NEBRASKA DEPARTMENT OF AERONAUTICS Lincoln, Nebraska January 1, 1974 Zotrodoctioo.~~ ....~ ~. ...~ .~ ~,, ,,~~~ Definitions ....,,.,~,,°,,,,,~~,,~~,,, Who Adopts Regulations ,~,~,,~,~,~,~,~,,,~, Board - Creation and Procedure, by Steps , ~ ~ , ~ , , , , ~ ~ Miscellaneous . . ~ ~ . ~ ~ , , ~ , . , , , , , , , ~ ~ , ~ ~ Airport Zoning Oonomloslmo , , , . ~ ~ ~ , ~ , ~ , , , ~ ~ , Administrative Agency , , , ~ ~ ~ . ~ ~ . ~ ~ . , , , ~ ~ . Board of Adjustment , . ~ ~ ~ . ~ . . . . . ~ . ~ ~ . . ~ ~ Publication of Notices . ~ . . . . ~ ~ . ~ ~ ~ ~ ~ . ~ ~ . . Suggested Forma. . . ~ . . . ~ ~ ~ ~ ~ ~ ~ ~ ^ ^ ~ ~ ^ ~ ~ ^ ~ Minutes and Resolution (City) . . . ~ ~ . ~ . ~ . ~ . ~ , , Certificate, same . . . ~ ~ ~ ~ . . ~ . . . ~ ~ ~ ~ . ~ ~ ~ Minutes and Resolution (County) ~ ~ ~ . . . . ~ . . ~ . ~ , Certificate, same . . ~ . ~ . . ~ ~ ~ . . ~ ~ . . . . ~ ~ ~ Minutes - First Meeting of Boezd. ~ . . . . . . ~ ~ . . . . Resolution Appointing Conomiosion. ~ ~ . . . . ~ . . . , ~ , Certificate . . ~ ~ ~ ~ . . . ~ ~ . . ~ Minutes of First Meeting of Oonon±osimo. . ~ ~ . . ~ ~ . . . Preliminary Deport. . . . . ~ ~ . . . ~ ~ ~ ~ ~ . . . ~ ~ . Proposed DeguIatimos~ . . . . ~ ~ ~ . . . . . . ~ ~ . ~ . . Alternate Regulations . . . . ~ . ~ ~ ~ . . ~ . ~ . . . . . Notice of Commission Hearings . . . . ~ . ~ . ~ ~ . ~ ~ . . Minutes of Second Commission Meeting (First Public Hearing) . . ~ ^ ^ ~ ~ ^ ~ ~ ~ ~ ~ ^ ^ ^ ~ ~ ~ ~ ~ ~ ~ ^ Minutes of Third Commission Meeting (Second Public Hearing and Final Report) . . . . ~ . ~ . . . . . . . . . Certificate, same . . ~ ~ . ~ . ~ ~ . ~ ~ . . ~ . . . ~ ~ . Minutes of Second Meeting of Board . . . ~ ~ ~ ~ . . . . . ~ Notice of Board Hearing . ~ ~ . ~ . ~ . ~ ~ ~ . . . . . ~ ~ Minutes of Third Meeting of Board (Adopting Regulations) . . . ~ ~ ~ ~ . . . . ~ ~ . . ~ . ~ . . ~ ~ Certificate . . . . ~ . . ~ . . ~ . ~ . ~ . ~ ~ . ~ . . . ~ City Resolution (re~ Administrative Ageooy)~ . , ^ . . , . Sample Application Form for Airport Hazard Area Regulatory Construction Permit . . ~ ~ . ~ ~ ~ ~ . ~ . ~ Application Form For Construction - Sketch . . . . . . ° . . 8soupIe Airport Hazard Area Regulatory Construction Permit . ? l l 2 2-3 4 4 4 5 5 6-7 7 8-B 9 lO-II II-I3 13 14 I4-I5 I6-I9 20-2I 22 23 24-25 26 27 28 29-3O 31 32 33 34 35 36 Concerning PROCEDURE 1' ADOPTION 1" AIRPORT HEIGHT RESTRICTION ZONING REGULATIONS Airport Zoning Act, (Sections 3 ®301 to 3 ®333 R. R. So 1'943) Prepared By THE NEBRASKA DEPARTMENT OF AERONAUTICS Rudolf Peralez, Director The purpose of this memorandum is to recommend a uniform procedure to to be followed to accomplish the legal enactment of airport height restriction zoning regulations. Airport height restriction zoning is authorized and the procedure for accomplishment is set out in Article 3, Airport Zoning, of the Revised Sta- tutes of Nebraska, to which reference will be made from time to time in this memorandum, but for purposes of brevity we shall avoid lengthy quotations from the Act® .- An airport hazard means any structure or tree (tree means any object of natural growth) which obstructs airspace required for flight of aircraft in landing or taking off at an airport® R. R. S. 1943, Sec® 3 ®301. Airport hazard area means an area where such a hazard might be estab- lished, but the airport hazard area cannot extend more than three miles from the adjacent boundary of the airport. ®lR M WHO ADOPTS ZONING REGULATIONS The power to adopt airport zoning regulations is vested in the legal body of a political subdivision or a duly created board by two or more political subdivisions as in one of the following conditions: 1. In cases where the airport hazard area is located entirely within the corporate limits or the area that is controlled by zoning regulations of one political subdivision, and the airport lands are owned by the same subdivision, the power is vested in the Mayor and City Council, the Chairman and Village Board of Trustees, or the Board of County Commis- sioners as the case may be. (This will probably only occur at the present time in Omaha and Lincoln.) 2. In cases where the airport lands are owned by one political subdivision and the airport hazard area is located partially or wholly outside the corporate limits or the area that is controlled by zoning regulations of that political subdivi- sion, a joint airport zoning board is created by the two or more political subdivisions involved, which joint airport zoning board shall be vested with the power to adopt zoning regulations. (The typical situation is where a city or village owns the airport lands outside its corporate limits and the airport hazard area is then located partially in a county or coun- ties and partially over the city or village.) This memorandum is devoted entirely to Condition 2 above, where it is necessary to create a Joint Airport Zoning Board-, however, the Department will assist any political subdivision in which a special or different situation should arise. JOINT AIRPORT ZONING BOARD PROCEDURES FOR CREATION AND OPERATION (The procedure we are outlining applies to the typical situation where the city or village owns an airport, which is located outside the city or village corporate limits.) 1. The City Council or Village Board adopts a resolution to create a Joint Airport Zoning Board, and appoints two City residents to the Joint Airport Zoning Board. A certified copy of the resolution should be delivered to the persons appointed. -2- M 2. The County Board for its part takes similar action by resolution and appoints two County residents to the Board. A certified copy of this ac- tion should be delivered to the persons appointed by the City or Village. 3. The four persons so appointed meet, and elect the fifth member to the Joint Airport Zoning Board, who the statute provides shall be Chairman. Thus the Joint Airport Zoning Board is created and consists of five members. 4. At the initial meeting of the Joint Airport Zoning Board, the only necessary action is the appointment of an Airport Zoning Commission. A certified copy of the resolution appointing the Commission should be delivered to the members of the Commission as their warrant of authority. The Joint Air- port Zoning Board may designate themselves as the Airport Zoning Commission. 5. The Commission meets, organizes, adopts a preliminary report, fixes dates and places for public hearings, publishes notices, holds public hearings, and then makes a final report regarding airport zoning regulations to the Joint Airport Zoning Board. 6. When the Joint Airport Zoning Board receives the final report of the Airport Zoning Commission, it will publish notices and hold public hearings in relation to the zoning regulations, after which it may adopt the zoning regulations. 7. Copies of all minutes and regulations adopted should be filed in the office of the clerk of each political subdivision concerned, and it is suggested they be filed with concerned public administrative offices herein- after referred to as the Airport Manager and the Department of Aeronautics. The statute does not require filing of minutes and regulations, but the docu- ments should be filed in places where they can be readily available to the public. -3® M MISCELLANEOUS Airport Zoning Cogunission - Number of Members Sec. 3 -308 provides that the Joint Airport Zoning Board shall appoint a commission to be known as the Airport Zoning Commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefore. The statute does not specify the number of members to be appointed to this Commission; however, it is recommended that the Commission consist of three or five members. Administrative Agency Sec. 3 -319 provides that all zoning regulations shall provide for the administration and enforcement of the regulations by an administrative agency which may be an agency created by the regulations them- selves, or any official board, or other existing agency of one of the political subdivisions which participated in the creation of the Airport Zoning Board, if satisfactory to that political subdivision. However, the administrative agency cannot be or include any member of the Board of Adjustment. It is suggested that the City Building Inspector, or some similar officer, be named as the ad- ministrative agent in the regulations adopted by the Joint Airport Zoning Board. It is then necessary to get a resolution adopted by the governing body of the city consenting to the,arran.gement. Board of Adjustment Sec. 3 -320 provides that the regulations shall provide for a board of adjustment and fixes the powers of the board. Sec. 3- 321 provides that where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. In cities where a zoning board of appeals or adjustment already exists, it is suggested that it be appointed as the board of adjustment in connection with airport zoning regulations. If no such body exists, it is necessary that the Airport Zoning Board appoint a board of adjustment consisting of five members, each of whom shall be appointed for a term of three years. -4- M Publication of Notices Sec® 3 -307 provides that a notice must be published in an official paper, or a paper of general circulation in the poli- tical subdivisions in which the airport hazard area is located at least 15 days before the Board holds a public hearing. Sec® 3 -308 relates to the Airport Zoning Commission and provides that the Commission shall make a preliminary report and hold hearings thereon before submitting its final report® This section provides nothing with reference to a publice notice; however, it is suggested that at least 15 days advance notice be given by publication as in the case of the Joint Airport Zoning Board action® SUGGESTED FORMS On the pages immediately following are suggested forms for the vari- ous resolutions, minutes, notices, regulations, certificates and other items needed to enact airport zoning regulations. No pretense is intended that these forms will fit exactly every situation® It is naturally expected that attorneys handling the adoption of zoning regulations will want to make changes to meet the local situation and may well be able to improve upon these forms® The forms are offered only as guidelines to help in the formal adoption of zoning regulations® With the use of the suggested format and forms modified to fit speci- fic needs, and following the necessary step by step procedures, the adoption of zoning regulations should be accomplished without too much difficulty® ®5® M MINUTES AND RESOLUTION City Councilman Lancaster offered the following resolution and moved its adoption. RESOLUTION Creating a Joint Airport Zoning Board in accordance with Section 3 ®304, R. R. S. 1943. Be it resolved by the Mayor and City Council of Aerville Nebraska that: I. It is hereby found and determined that: 1. The Doolittle Airport is an airport owned by this city and operated by the Aerville Airport Authority and is located two miles northeast of and outside the corporate limits of the City. 2. The area of land and water extending out in all directions a distance of three miles from the adjacent boundaries of said airport consti- tutes an airport hazard area within the meaning of Sec. 3 ®301(3), R.R.S. 1943. 3. The airport hazard area, appertaining to the above mentioned airport, is located partially within the County of Kitty Hawk and partially within the corporate limits of the City of Aerville and partially within the area that is controlled by zoning regulations of the City of Aerville Nebraska. 4. It is necessary and expedient that the City of Aerville the political subdivision owning the above named airport, and the County of Kitt Hawk the political subdivisions within which a part of the airport hazard area is located, create a Joint Airport Zoning Board in accordance with Sec. 3 ®304, R.R.S. 1943. II. The City of Aerville does hereby participate with the County of Kitty Hawk in the creation of a Joint Airport Zoning Board, to be known as the Aerville Joint Airport Zoning Board, and to that end =there is hereby created the Aerville Joint Airport Zoning Board, which board shall have and exercise all the powers conferred, and perform all the duties enjoined upon it by the Airport Zoning Act. -6- 1Ci III. Joe DeHaviland and Ralph Curtiss residents of the City of Aerville are hereby appointed as members of the Aerville Joint Airport Zoning Board, to represent the city thereon. The foregoing resolution having been fully and distinctly read aloud, the motion for its adoption was seconded by Councilman Ford. On roll call the vote was as follows: Yea: Lancaster Abbott Clark Ford and Savage; Nay: None Whereupon the Mayor declared the resolution adopted. /ITTTTTT/'1 A TT STATE OF NEBRASKA ) SS KITTY HAWK COUNTY ) I. Joan Boeing City Clerk of the City of Aerville Nebraska,do here- by certify that the above and foregoing is a true and correct copy of the re- solution creating the Aerville Joint Airport Zoning Board adopted by the Mayor and City Council of Aerville Nebraska,on the 2nd day of January 1974, and of that portion of the proceedings of the mayor and City Council had and done in regular session on said day, pertaining to the passage and adoption of said resolution, as the same appears of record and on file in my office. DATED this 4th day of January 1974. SS Joan Boeing City Clerk (S EA L) ®7® 2 ®Ci MINUTES AND RESOLUTION County Commissioner John Henry offered the following resolution and moved its adoption: RESOLUTION Creating a Joint Airport Zoning Board in accordance with Section 3 ®304, R.R.S. 1943. Be it resolved by the Board of County Commissioners of Kitty Hawk County, Nebraska that: I. It is hereby found and determined that: 1. The Doolittle Airport is an airport owned by the City of Aerville Nebraska and operated by the Aerville Airport Authority and is located two miles northeast of and outside the corporate limits of the City. 2. The area of land and water extending out in all directions a dis- tance of three miles from the adjacent boundaries of said airport constitutes an airport hazard area within the meaning of Sec. 3 °301(3), R.R.S. 1943. 3. The airport hazard area, appertaining to the above mentioned airport, is located partially within the County of Kitty Hawk and partially within the corporate limits of the City of Aerville and partially within the area that is controlled by zoning regulations of the City of Aerville Nebraska. 4. It is necessary and expedient that the City of Aerville the political subdivision owning the above named airport, and the County of Kitt Hawk the political subdivisions within which a part of the airport hazard area is located, create a Joint Airport Zoning Board in accordance with Sec. 3® 304 R.R.S. 1943. II. The County of Kitty Hawk does hereby participate with the City of Aerville in the creation of a Joint Airport Zoning Board, to be known as the Aerville Joint Airport Zoning Board, and to that end there is hereby created the Aerville Joint Airport Zoning Board, which Board shall have and exercise all the powers conferred, and perform all the duties enjoined upon it by the Airport Zoning Act. -8— 1-Co. M" Jack Knight and Pace Woods residents of the County are hereby appointed as members of such Aerville Joint Airport Zoning Board, to re- present the County of Kitty Hawk thereon. The foregoing resolution having been fully and distinctly read aloud, the motion for its adoption was seconded by Commissioner Powell On roll call the vote was as follows: Yea: Henry Powell and Doe Nay: None. Whereupon the Chairman declared the resolution adopted. STATE OF NEBRASKA ) SS KITTY HAWK COUNTY ) I, Jane Douglas County Clerk of Kitty Hawk County, Nebraska, do here- by certify that the above and foregoing is a true and correct copy of the re- solution creating the Aerville Joint Airport Zoning Board adopted by the Board of County Commissioners of LKitty Hawk County, Nebraska on the 7th day of Janu- ary, 1974, and of that portion of the proceedings of the County Commissioners had and done in regular session on said day, pertaining to the passage and adoption of said resolution, as the same appear of record and on file in my office. DATED this 9th day of January 1974. SS Jane Douglas County Clerk (S E A L) 2-Co. Minutes of the first meeting of the AERVILLE JOINT AIRPORT ZONING BOARD held at the City Hall in the City of Aerville Kitty Hawk County, Nebraska, on the 14th day of January 1974 at 7:00 o'clock P.M. Joe DeHaviland and Ralph Curtiss being the two persons named and appointed by the Mayor and City Council of the City of Aerville as the members to be appointed by the City to the Aerville Joint Airport Zoning Board and Jack Knight and Pace Woods being the two persons named and appointed by the Board of County Commissioners of Kitty Hawk County, Nebraska,as the members to be appointed by the County, to the Aerville Joint Airport Zoning Board, assembled together at the City Hall in the City of Aerville Kitty Hawk County, Nebraska, on the 14th day of 12 , nuary 1974 at 7:00 o'clock P.M. for the purpose of organizing the Aerville Joint Airport Zoning Board according to law. Gus Bellanca acted as temporary chairman. It was moved by Curtiss and seconded by Kai ht that Woods be elected Secretary of the Joint Airport Zoning Board. Upon roll call all members voted yea and none voted nay, and the temporary chairman declared the motion carried and that Woods was elected Secretary of the Aerville Joint Airport Zoning Board, and he entered upon the duties of Secretary forthwith. It was then moved by DeHaviland and seconded by Woods that Ray Page of Aerville Kitty Hawk County, Nebraska, be elected as Chairman and member of the Joint Airport Zoning Board in accordance with Section 3 ®304 R.R.S. 1043. Upon roll call all voted yea, none voted nay, and the temporary Chairman de- clared the motion carried and that Ray Page of Aerville Kitty Hawk County, Nebraska,was elected as a member of the Aerville Joint Airport Zoning Board and as Chairman thereof in accordance with the statute. ®10® 1 ®ZB Thereupon the above named Aerville Joint Airport Zoning Board met in its first regular session, there being present Ray Page member and Chairman, Pace Woods member and Secretary, and Joe DeHaviland Ralph Curtiss and Jack Kni ht, members. The Chairman presented a certified copy of a resolution adopted by the Mayor and City Council of the City of Aerville on the 2nd day of January 1974, creating the above named Aerville Joint Airport Zoning Board and naming Joe DeHaviland and Ralph Curtiss as. members of the Joint Airport Zoning Board, and a certified copy of a resolution adopted by the Board of County Com- missioners of Kitty Hawk County, Nebraska,on the 7th day of January 1974, creating the above named Aerville Joint Airport Zoning Board and naming Jack Kni ht and Pace Woods as members of such Joint Airport Zoning Board. It is moved by Curtiss and seconded by Knight that these certified copies of resolutions be accepted and filed with the Secretary and attached to these minutes, and that the persons now assembled do organize themselves as the Aerville Joint Airport Zoning Board. Upon roll call all voted yea, none voted nay, and the Chairman declared the motion carried, and declared that the Aerville Joint Airport Zoning Board was now organized according to law. DeHaviland then offered the following resolution and offered its adoption: RESOLUTION Appointing the Aerville Airport Zoning Commission, as required by Sec. 3 -308, R.R.S. 1943 1 Be it resolved by the Aerville Joint Airport Zoning Board of Aerville Kitty Hawk County, Nebraska, that: -11 2 -ZB There be and hereby is appointed a commission to be known as the Aerville Airport Zoning Commission, and that such Commission be composed of the following named persons, residents of Kith Hawk County, Nebraska: (1) James Ramsey (2) C.F. Kirschner (3) William Boucher II® Such Commission shall recommend the boundaries of the airport hazard area surrounding the Doolittle Airport, the boundaries of the various zones to be established, and the regulations to be adopted therefore, shall make a pre- liminary report and hold public hearings thereon before submitting its final report to the Aerville Joint Airport Zoning Board® III® Such Commission shall be and hereby is' vested with all the powers and duties vested in it and imposed upon it by law, and shall conduct all its pro- ceedings according to law® The foregoing resolution having been fully and distinctly read aloud, the motion for its adoption was seconded by Woods Upon roll call the follow- ing voted yea: Curtiss DeHaviland Knight, Woods and Page; none voted nay® The Chairman declared the motion carried and adopted® It was moved by Page and seconded by Kni ht that a certified copy of the foregoing resolution be prepared by the Secretary and delivered to the mem- bers of the Aerville Airport Zoning Commission above named, as their warrant of authority. ®12® 3 ®ZB I It was moved, seconded and unanimously carried that the Aerville Joint Airport Zoning Board adjourn to reconvene on the call of the Chairman. Ray Page Chairman Attest: Pace Woods Secretary STATE OF NEBRASKA KITTY HAWK COUNTY I,.Pace Woods, the duly elected Secretary of the Aerville Joint Air- port Zoning Board do hereby certify that the above and foregoing is a true and correct copy of the resolution of the Aerville Joint Airport Zoning Board, Aer- ville, Kitty Hawk County, Nebraska adopted by that board at its first meeting on the 14th day of January, 1974, and of the proceedings of said Aerville Joint Airport Zoning Board in adopting said resolution, as the same appear of record and on file in my office. DATED this 16th day of January, 1974. Pace Woods Secretary -13- 4-ZB AERVILLE AIRPORT ZONING COMMISSION Minutes of the first meeting of the Aerville Airport Zoning Commission held at Aerville in Kitty Hawk County, Nebraska, on the 21st day of January 1974, at 7:00 o'clock P.M. The Aerville Airport Zoning Commission held its first regular meeting at the time and place above stated, there being present James Ramsey C.F. Kir schner and William Boucher Gus Bellanca acted as temporary chairman® It was moved by Kirschner and seconded by Ramse that Boucher be elected Secretary of the Airport Zoning Commission® Upon roll call all members voted yea, none noted nay, and the temporary chairman declared the motion carried and that Boucher was elected as Secretary of the Airport Zoning Commission, and he entered upon the duties of Secretary forthwith® It was moved by Boucher and seconded by Kirschner that Ramse be elected Chairman of the Airport Zoning Commission. Upon roll call all voted yea, none voted nay, and the temporary chairman declared the motion carried and that . Ramsey was elected Chairman of the Airport Zoning Commission, and he entered upon the duties of Chairman forthwith® Kirschner moved that the following proposed rules and regulations, together with the map attached thereto and forming a part thereof, being a map prepared by Hugh Dillon, P.E ® , Civil Engineer, dated December 15 , 1973,' and identified as Zoning Map, Drawing No. ZN -73 -AV be adopted and submitted as the Preliminary Report of the Aerville Airport Zoning Commission: PRELIMINARY REPORT The Doolittle Airport has become and is an airport of the public utility class and the public safety requires the protection of airplanes land- ing and taking off from said airport and of the occupants of land in the vicinity of said airport. -14- 1 -ZC Therefore the Airport Zoning Commission recommends that the Aerville Joint Airport Zoning Board create and declare as an airport hazard area all that area extending in all directions a distance of three miles from the ad- jacent boundaries of said airport, and fix the boundaries of the various zones to be established and adopt the regulations therefore as follows: (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) -15® 2-ZC AIRPORT ZONING REGULATIONS SECTION 1. LOCATION, BOUNDARIES, ZONES AND HEIGHT RESTRICTIONS. The vicinity of the Doolittle Airport, located in Section(s) 16, Township 16 North Range 32 West in Kitty Hawk County, Nebraska, from the boundaries of such airport, to a distance of three (3) 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 Description. 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 tan- gents 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 landing strip and 200 feet beyond the end of each runway and shall be 1000 feet in width for each instrument runway or landing strip and 500 feet 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 ex- pand 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 30 feet of width for each 100 feet of horizontal length for the instrument runway or landing strip and 20 feet of width for each 100 feet 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 150 feet above the highest elevation of the end of the respective 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 Ap- proach Zone. -16- 3 -ZC c® The Transition Zones shall be the areas bounded by the Operation Zones of the Hazard Area, the sides of con- tiguous inner areas of approach zones and the outer limits of the Transition Zones said outer limits of the Transition Zones being the intersections, at ele- vations of 150 feet above the highest elevation at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of ,contiguous planes originating from bases established by the Operation Zones of the Hazard Area and the edges of adjacent inner areas of approach zones; said planes rising from their respective bases along lines perpen- dicular to the centerline of the landing strip or runway at the rate of one (1) foot vertically to seven (7) feet horizontally to the lines of intersection previously referred to d® The Turning Zones shall compromise all portions of the Hazard Area not contained in the Operation Zones, Ap- proach Zones and in the Transition Zones® The outer limits of the Turning Zones shall be a series of points forming a line which is the horizontal distance of three (3) statute miles from the nearest points along the airport property lines® Subdivision 3. Height Restrictions® No building, transmission line, communication line, pole, tree, smoke-stack, chimney, wires, tower or other struc- ture 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 allow 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 1/50, and all other runways or landing strips in excess of 1/40 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 150 feet above the elevation at the end or pro- posed end of the nearest runway or landing strip; 3® In the Transition Zones to a height above the planes forming the transition slopes; and -17- 4-ZC 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. SECTION 2. 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- 73-AV 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, Aerville Nebraska. SECTION 3. 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 struc- ture 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 zoned 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 (75) feet 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 avail- able in the office of the City Clerk Aeryille Nebraska, and shall indicate the approximate lo- cation, ground elevation with reference to the elevation at the end of the nearest runway or landing strip and height of the proposed structure or planting. (Mean Sea Level Elevation) Subdivision 4. Permit Fees. The fee for each permit issued shall be $2.00 and all fees received by the Administrative Agency shall be paid by 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 $100. ®18® 5 ®ZC SECTION 4. NON-CONFORMING STRUCTURES. Within the zoned area as hereinbefore defined, no non - conforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appur- tenance 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 than 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. SECTION 5. MARKING OF NON - CONFORMING STRUCTURES. Whenever the Administrative Agency shall determine, or shall be notified by the Joint Zoning Board or the Nebraska Depart- ment of Aeronautics, that a specific non - conforming 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 at 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 Administra- tive 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. SECTION 6. ADMINISTRATIVE AGENCY. The Building Inspector of the City of Aerville 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 Aerville Joint Airport Zoning Board. SECTION 7. ZONING BOARD OF ADJUSTMENT. The Zoning Board of Adjustment of the City of Aerville Kitt Hawk 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. -19® 6 -ZC ALTERNATE PARAGRAPHS FOR POSSIBLE USE IN REGULATIONS FOR SECTIONS 6 AND 7 SECTION 6. Administrative Agency In the suggested form we have provided that the Building Inspector be the Administrative Agency to enforce the regulations. Sec. 3- 319 R.R.S. 1943 provides that the Administrative Agency may be an agency created by the regulations themselves or any official, board or other existing agency of one of the political subdivisions participating in the creation of the Joint Airport Zoning Board, if satisfactory to that political subdivision. However, the Ad- ministrative Agency cannot be or include any member of the board of adjustment. If there is no official, board or other existing agency of one of the political subdivisions to whom or to which the Joint Airport Zoning Board desires to entrust the matter of enforcement, Section 6 can be changed to read something as follows: "There is hereby created an Administrative Agency for the administration and enforcement of these regula- tions, which Administrative Agency shall perform all the duties and have all the powers provided by the Airport Zoning Act. The City Engineer of Aerville Nebraska,is hereby appointed the administrative agent to administer and enforce these regulations, to hold office at the pleasure of the Aerville Joint Airport Zoning Board." SECTION 7. Zoning Board of Adjustment As set out in the suggested form, the City Zoning Board of Adjust- ment is made the board of adjustment for-the airport zoning. Sec. 3 -321 R.R.S. 1943 provides for that procedure. If this is not possible or feasible, the law requires that the Board appoint five members to hold office for terms of three years. If that procedure is followed, Section 7 should be changed to read sub- stantially as follows: " Herman Fairchild Harold Douglas Walter Sparrow Jerome Nellier and Richard Nickel are hereby ap- pointed to the Board of Adjustment, as members thereof, which Board of Adjustment shall have and exercise the powers conferred upon it by law. Each of said members shall hold office for a term of )'_three years." ®20 6a -ZC The foregoing motion was seconded by Boucher and upon roll call, all voted yea, none voted nay, and the Chairman declared the motion carried. Boucher moved that public hearings upon the Preliminary Report be held on February 8 , 1974, at 7:00 o'clock P.M. and on February 11 , 1974 at 7 ®00 o'clock P.M. in the council chambers in the city hall in the City of Aerville Kitty Hawk County, Nebraska, and that notice of the time and place of such hearings be given to all persons interested by publication of notice in the Kitty Hawk Flyer a newspaper of general circulation in Aerville Nebraska and Kitty Hawk County, Nebraska, at least 15 days prior to the date of the first hearing, which motion was seconded by Kirschner Upon roll call all members voted yea, none voted nay, and the Chairman declared the motion carried. It was moved, seconded and unanimously carried that the Airport Zoning Commission adjourn until the 8th day of February 1974 at 700 o'clock P.M. and reconvene at that time in the city council chambers in the city hall in Aerville Kitty Hawk County, Nebraska, then and there to conduct a public hearing as required by law. James Ramsey Chairman Attest: William Boucher Secretary ®21® 7 ®ZC Notice is hereby given that public hearings will be held in the cit council chamber in the city hall in Aerville Kitty Hawk County, Nebraska,on February 8 1974, and February 11 1974 at 7 ®00 o'clock P.M. before the Aerville Airport Zoning Commission upon the Preliminary Report of such commission recom- mending the boundaries of the various zones to be established and the regulations to be adopted therefore with respect to the Doolittle Airport and the airport hazard area appertaining thereto, extending in every direction a distance of three miles from the adjacent boundary of said airport, at which hearings, parties in interest and citizens shall have an opportunity to be heard. The Preliminary Report of the Commission is on file in the office of the City Clerk of Aerville Kitty Hawk County, Nebraska, and in the office of the County Clerk of Kitty Hawk County, Nebraska,where it may be examined by interested persons. DATED this 22nd day of January 1974. Aerville Joint Airport Zoning Commission By James Ramsey Chairman William Bouch Secretary (This notice should be published in a newspaper of general circulation in the city and county and proof of publication should be obtained and attached to the minutes of the meeting of the Airport Zoning Commission at which the first public hearing is held.) -22- 8 ®ZC AIRPORT ZONING COMMISSION Minutes of the second meeting of the Aerville Airport Zoning Commis- lion, held in the city council chambers in the city hall in Aerville Kitty Hawk County, Nebraska,on February d , 1974, at 7:00 o'clock P.M. There were present James Ramsey William Boucher and C.F. Ki .rsc eir . Ramsey being a member of the Airport Zoning Commission and Chairman thereof and Boucher being a member of the Airport Zoning Commission and Secretary thereof. The Chairman presented the proof of publication of the published notice of hearing, and it was moved, seconded and unanimously carried that the notice of hearing and proof of publication thereof be filed with the Secretary and attached to and made a part of the minutes of this meeting. Pursuant to such notice the Airport Zoning Commission proceeded to hold a public hearing in relation to proposed Airport Zoning Regulations, and upon the Preliminary Report of this Airport Zoning Commission recommending the boundaries of the various zones to be established and the regulations to be adopted therefore. John Pennyman and Harold Scott appeared before the Com- mission and were heard. The Commission remained in session for a period of one hour after hearing the above named persons, in order that any other person in- terested and other citizens might have an opportunity to be heard, and no other person appeared before the Commission. It is moved, seconded and unanimously carried that the Commission adjourn until the 11th day of February 1974 at 7:00 o'clock P.M. James Ramsey Chairman r: William Boucher Secretary -Z3® 9 -ZC AIRPORT ZONING COMMISSION Minutes of the third meeting of the Aerville Airport Zoning Commis- sion held in the council chambers in the city hall in the city of Aerville Kitty Hawk County, Nebraska,on February 11 , 1974 at 7:00 o'clock P.M. There were present James Ramsey William Boucher and C.F. Kirschner Ramse being a member of the Airport Zoning Commission and Chairman thereof and Boucher being a member of the Airport Zoning Commission and Secretary thereof. Pursuant to public notice heretofore published as required by law, as appears by the minutes of the last previous meeting, the Commission pro- ceeded to hold further public hearing in relation to proposed airport zoning regulations, and upon the Preliminary Report of this Commission recommending the boundaries of the various zones to be established and the regulations to be adopted therefore. John Pennyman appeared before the Commission and was heard, and no other person appeared before the Commission. It was moved by K:Lr _qchn and seconded by Boucher that the following be adopted as the final report of this Commission, recommending the boundaries of the various zones to be established and the regulations to be adopted there- fore, with reference to the zoning of the airport hazard area appertaining to the Doolittle Airport of Aerville Nebraska: FINAL REPORT The Aerville Airport Zoning Commission, heretofore appointed by the Aerville Joint Airport Zoning Board to recommend the boun- daries of the various zones to be established and the regulations to be adopted therefore, with respect to and in connection with the zoning for the airport hazard area appertaining to the Doolittle Airport, respecfully reports that on the 21st day of January 19 at 7:00 o'clock P.M. it held its first regular meeting in the council chamber of the city hall in the city of Aerville Kitty Haw ounty, Nebraska,and at that time prepared and adopted a Preliminary Report. Thereafter on the 8th day of February 19 and the 11th day of February 19 at 7:00 o'clock P.M. at the same place, the Com- mission held public hearings thereon, after giving public notice of the time and place of.said hearings. -24- 10 -ZC (Here copy airport zoning regulations as in Preliminary Report, incorporating any changes which may have been made on the final hearing. Map, which is a part of the regulations, should be included.) Upon roll call the following voted yea: Kirschner Boucher and _ Ramsey and the following voted nay: None It was moved by Kirschner seconded by Boucher and unanimously carried that the Chairman and Secretary be instructed to prepare a certified copy of all of the proceedings of this Commission at all meetings held by it and transmit the same to the Secretary of the Aerville Joint Airport Zoning Board. It was thereupon moved, seconded and unanimously carried that the Commission adjourn sine die. James Ramsey Chairman Attest: William Boucher Secretary .-= "Ho rPPTTVTrATP STATE OF NEBRASKA ) KITTY HAWK COUNTY ) I, William Boucher the duly elected, qualified and acting Secretary of the Aerville Airport Zoning Commission, do hereby certify that the above and foregoing is a true and correct copy of the minutes of all of the meetings of the Aerville Airport Zoning Commission held since the appointment of said Com- mission up to and including the final meeting when the Commission adjourned sine die, as appears by said minutes, as the same appears of record and on file in my records as Secretary of said Commmission. IN WITNESS WHEREOF I have hereunto set my hand this 14th day of February 1974. William Boucher Secretary -26- 12 -ZC JOINT AIRPORT ZONING BOARD Minutes of the second meeting of the Aerville Joint Airport Zoning Board held at the council chambers in the city hall in Aerville Kitty Hawk County, Nebraska,on the 18th day of February 1974 at 7:00 o'clock P.M. The Aerville Joint Airport Zoning Board met in its second session, pursuant to the call of the Chairman, at the time and place above mentioned, there being present Ray Page member and Chairman, Pace Woods member and Secretary, and Ralph Curtiss Joe DeHaviland and Jack Knight members® It was moved, seconded and unanimously carried that the Final Report of the Aerville Airport Zoning Commission be accepted and placed on file with the records of this Zoning Board. It was moved by Knight and seconded by DeHaviland that a public hear- ing in relation to the proposed Airport Zoning Regulations, and their adoption, be held in the council chambers in the city hall in Aerville Kitty Hawk County, Nebraska,on the 11th day of March 1974 at 7:00 o'clock P.M. at which parties in interest and citizens shall have an opportunity to be heard, and that notice of the time and place of such hearing be given to all persons interested by the notice of publication in the Kitty Hawk Flyer a newspaper of general circula- tion in Aerville Nebraska and Kitty Hawk County, Nebraska, at least 15 days prior to the date of the hearing® Upon roll call, all members voted yea, none voted nay, and the Chair- man declared the motion carried® It was moved, seconded and unanimously carried that the Aerville Joint Zoning Board adjourn until the time and place of said public hearing, as above specified® Ray Page Chairman Attest: Pace Woods Secretary ®27® 5-ZB MOM WI V Notice is hereby given that the Aerville Joint Airport Zoning Board has received the Final Report of the Aerville Airport Zoning Commission relative to zoning the airport hazard area in the vicinity of the Doolittle Airport, re- commending the boundaries of the various zones to be established and the regu- lations to be adopted therefore, and that a public hearing will be held in re- lation thereto and in relation to the adoption of airport zoning regulations as recommended by the Airport Zoning Commission on the 11th day of March 1974, at 7:00 o'clock P.M. in the council chambers in the city hall in the City of Aerville Kitty Hawk County, Nebraska, at which time and place parties in in- terest and citizens shall have an opportunity to be heard® DATED this 18th day of February, 1974® Aerville Joint Airport Zoning Board By Ray Page Chairman P ace W oods Secretary (The foregoing notice should be published in a paper of general circulation in the City and County and proof of publication should be obtained and produced at the meeting at which the public is held, and due mention thereof should be made in the minutes of that meeting. The notice should be published at least 15 days prior to the day of the meeting ®) -28- 6 -ZB AERVILLE JOINT AIRPORT ZONING BOARD Minutes of the third meeting of the Aerville Joint Airport Zoning Board held in the city council chambers in the city hall in the City of Aerville Kitt Hawk County, Nebraska,on March 11 , 1974 at 7 :00 o'clock P.M. The Aerville Joint Airport Zoning Board met pursuant to adjournment, at the above mentioned time and place, there being present Ray Page member and Chairman, Pace Woods member and Secretary and Ralph Curtiss Joe DeHaviland and Jack Knight members® The Secretary produced the Proof of Publication of the Notice of Hear- ing heretofore published® It was moved, seconded and unanimously carried that the Notice and Proof of Publication thereof be placed on file and attached to the minutes of this meeting® The Aerville Joint Airport Zoning Board then proceeded to hold a public hearing in relation to proposed Airport Zoning Regulations and the Final Report of the Airport Zoning Commission recommending the boundaries of the various zones to be established and adopted therefore, with respect to the airport hazard area surrounding the Doolittle Airport® No One appeared before the Board to be heard® The Board remained in session for a period of one hour thereafter, in order that other parties in interest and citizens might have an opportunity to be heard, and no other person appeared before the Board, it was moved, seconded and unani- mously carried that the Board adjourn until March 18 , 1974 at 7:00 o'clock P.M. Ray Page Chairman Attest: Pace Wo ods Secretary ®29® 7 ®ZB AERVILLE JOINT AIRPORT ZONING BOARD Minutes of the fourth meeting of the Aerville Joint Airport Zoning Board held at the city council chamber in the city hall in Aerville Kitty Hawk County, Nebraska,on the 18th day of March 1974 at 7000 o'clock P.M. The Aerville Joint Airport Zoning Board met in regular session, pur- suant to adjournment, at the time and place above mentioned, there being present Ray Page member and Chairman, Pace Woods member and Secretary, and Ral h Cur tiss Joe DeHaviland and Jack Knight members® It is moved by Knight and seconded by Curtiss that the following be adopted as the Airport Zoning Regulations for the Doolittle Airport at Aerville Kitty Hawk County, Nebraska, and the airport hazard area surrounding it: (Here copy Airport Zoning Regulations as in the Airport Zoning Commission's Final Report, incorporating any changes made by the Aerville Joint Airport Zoning Board. Map, which is a part of the regulations should be included ®) Upon roll call the following voted yea: Curtiss DeHaviland Knight, Pa e, and Woods none voted nay® Whereupon the Chairman declared said Airport Zoning Regulations for the Doolittle Airport duly adopted and in full force and effect It was moved, seconded and unanimously carried that complete certified transcripts of all the proceedings of this Joint Airport Zoning Board be pre- pared by the Secretary, and that one such certified transcript be transmitted to the City Clerk of Aerville Nebraska, one to the County Clerk of Kitty Hawk County, Nebraska, one to the Director of Aeronautics of the State of Nebraska, one to the Airport Manager and one to the Administrative Agency. It is moved, seconded and unanimously carried that the Board adjourn subject to the call of the Chairman. -30- S ®ZB Ray Page Chairman Attest: Pace Woods Secretary CERTIFICATE STATE OF NEBRASKA ) KITTY HAWK COUNTY ) I, Pace Woods the duly elected, qualified and acting Secretary of the Aerville Joint Airport Zoning Board of Aerville Kitty Hawk County, Nebraska, do hereby certify that the above and foregoing is a full, complete and correct transcript of all of the proceedings of said Aerville Joint Airport Zoning Board from and including its first meeting on the 14th day of January 1974 to the date hereof, including correct copies of all resolutions, rules and regulations adopted by said Board, as the same appear of record and on file in my office. DATED this 19th day of March '1974. Pace Woods Secretary -31- 9 ®ZB RESOLUTION AUTHORIZING BUILDING INSPECTOR TO ACT AS ADMINISTRATIVE AGENCY Be it resolved by the Mayor and City Council of the City of Aerville Kitty Hawk County, Nebraska that it is and it is hereby declared to be satis- factory to the City of Aerville that the City Building Inspector be, and accept the duties of, the Administrative Agency for the administration and enforcement of the regulations heretofore adopted by the Aerville Joint Airport Zoning Board, such officer having been named and constituted the Administrative Agency by said Board as provided by Section 3 ®319 R.R.S. 1943. (It should of course be understood, with the Mayor and City Council that the Building Inspector can serve in such capa- city before the Joint Airport Zoning Board adopts its regu- lations. If it is satisfactory with the Mayor and City Council, the foregoing resolution should be adopted by the City Council. It might be done either before or after the adoption of the Board's regulations. If done before, the wording of the foregoing resolution would have to be changed somewhat.) -32- 4 ®Ci SAMPLE APPLICATION FORM For AIRPORT HAZARD AREA REGULATORY CONSTRUCTION PERMIT Dates April 26,_1974 TO: Administrative Agency Aerville Joint Airport Zoning Board Aerville, Nebraska Application is hereby made for a regulatory construction permit for the construction and erection of the following described structure at the lo- cation as follows: A 140 foot above ground T.V. receiving tower (top elevation 2,087 above mean sea level) which is 197 feet above the ele- vation at the end of the runway of the Doolittle Airport as shown -on the attached sketch. The proposed structure located in the southwest quarter of the northwest quarter of Section 2, Township 16 North, Range 32 West is approximately 10,100 feet from the airport boun- dary line (Coordinates: Lat. 41 Long ® 100 0 14'54 " ) and lies under the turning zone® The structure will be lighted with flashing red lights in accordance with Federal Aviation Advisory Circular AC- 70/7460 -1 entitled "Obstruction Marking and Lighting ", or in accordance with an obstruction lighting or warning system acceptable to the Aerville Joint Airport Zoning Board and the Nebraska Department of Aeronautics® Respectfully submitted, Homer G. Strong President Kitty Hawk T.V. Repair Aerville, Nebraska -33- z F x t r RMAR AIRPORT HAZARD AREA REGULATORY CONSTRUCTION PERMIT Permit No® 4 Date: May 7, 1974 Applicant: Kitty Hawk T.V. Repair Aerville, Nebraska Your request for a Construction Permit dated April 26, 1974 and the accompanying sketch has been reviewed, and an aeronautical study made® Based upon the information contained in your application and on the basis that the proposed structure does not adversely violate the regu- lated areas of the Doolittle Airport and that the structure will be proper- ly lighted in the interests of aviation safety, this permit has been issued by the undersigned permitting the the construction and erection of the structure described in the above noted application, a copy of which is attached hereto® This permit shall expire if construction of the structure has not begun within six (6) months of the date of the this permit® Issued by: Fred W illiamson Aerville Building Inspector °-35® SAMPLE TRANSMITTAL LETTER Mrs. Jane Douglas County Clerk Kitty Hawk County Aerville, Nebraska (Zip Code) Mrs. Joan Boeing City Clerk City of Aerville Aerville, Nebraska (Zip Code) SUBJECT: Doolittle Airport Aerville, Nebraska Zoning Regulations March 26, 1974 Mr. John P. Smith, Secretary Aerville Airport Authority Aerville, Nebraska (Zip Code) Mr. Jake Johnson, Airport Manager Doolittle Airport Aerville, Nebraska (Zip Code) Mr. Rudy Peralez, Director Nebraska Department of Aeronautics P.O. Box 82088 Lincoln, Nebraska 68501 To each of you to whom this letter is addressed, please find enclosed a complete and certified copy of the minutes and resolutions concluded in connection with the Joint Airport Zoning Board and Commission leading to the enactment of height restriction zoning regulations for the subject airport. It is respectfully requested that you keep this record document on file for public use. Very truly yours, Mr. Pace Woods, Secretary AERVILLE JOINT AIRPORT ZONING BOARD -36-