SECTION I: PURPOSE AND AUTHORITY
The Board of Idaho County Commissioners is hereby amending Idaho County Ordinance # 19 to comply with current FAA Regulations. Therefore, the Board of County Commissioners pursuant to the provisions and authority conferred by Article 12, Section 2, of the Idaho State Constitution, and Title 21, Chapter 5 and Title 67, Chapter 65 of the Idaho Code, hereby finds and declares as follows:
- An airport hazard endangers the lives and property of users of the Idaho County Airport, and property or occupants of land in its vicinity, and also if of the obstructive type, in effect reduces the size of the area available for landing, takeoff, and maneuvering of aircraft; thus, tending to destroy or impair the utility of the Idaho County Airport and the public investment therein.
- The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Idaho County Airport.
- For the protection of the public health, safety, order convenience, prosperity and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards.
- The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
- The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds.
SECTION II: SHORT TITLE
This ordinance shall be known as “Idaho County Airport Zoning Ordinance.” Those sections of land affected by this Ordinance are indicated in “Idaho County Airport Zoning Map” which is attached to this Ordinance.
SECTION III: DEFINITIONS
As used in this ordinance, unless the context otherwise requires:
“AIRPORT” means the Idaho County Airport located in Township 30 North Range 2 and 3 East, Boise Meridian.
“AIRPORT ELEVATION” means the established elevation of the highest on the usable landing area which elevation is established to be 3310.6 feet above mean sea level.
“DWELLING” means any building or potion thereof designed or used as a residence or sleeping place of one or more persons.
“HEIGHT” for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
“LANDING AREA” means the area of the airport used for the landing, taking off or taxiing of aircraft.
“NONPRECISION INSTRUMENT RUNWAY” means a runway having an existing or planned straight-in instrument approach procedure utilizing air navigation facilities with only horizontal guidance, and for which no precision approach facilities are planned or indicated on an approved planning document.
“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 approved planning document.
“NONCONFORMING USE” means any pre-existing structure, tree, natural growth, or use of land which is inconsistent with the provisions of this Ordinance or an amendment hereto.
“PERSON” means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
“RUNWAY” means any existing or planned paved surface or turf covered area of that airport which is specifically designated and used or planned to be used for the landing and/or taking off of aircraft.
“PLANNED” as used in this Ordinance refers only to those proposed future airport developments that are so indicated on a planning document having the approval of the Federal Aviation Administration, the Division of Aeronautics, and Idaho County.
“SLOPE” means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude:
3:1 slope = 3 ft. horizontal to 1 ft. vertical
“STRUCTURE” means an object constructed or installed by man, including, but without limitations, buildings, towers, smokestacks, and overhead transmission lines.
“TREE” means any object of natural growth.
“WATER SURFACES” for the purpose of this Ordinance shall have the same meaning as land for the establishment of protected zones.
“ZONING ADMINISTRATOR” shall be defined as the Idaho County Board of Commissioners or person appointed by the Board of Commissioners to act as the “zoning administrator.”
SECTION IV: AIRSPACE OBSTRUCTION ZONING
- AIRSPACE ZONES: In order to carry out the purpose of this Ordinance, as set forth above, the following airspace zones are hereby established: Primary Zone, Horizontal Zone, Approach Zone, Conical Zone, and Transitional Zone and whose locations and dimensions are as follows.
- PRIMARY ZONE: All that land which lies directly under an imaginary primary surface longitudinally center on a runway and extending:
200 feet beyond each end of runway 07-25.
The elevation of any point on the primary surface is the same as the elevation of the nearest point of Runway centerline. The width of the primary surface is:
500 feet for runway 07-25.
2. HORIZONTAL ZONE: All the land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 3,460 feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:
10,000 feet for runway 07-25.
3. CONICAL ZONE: All that land which lies directly under an imaginary conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet as measured radially outward from the periphery of the horizontal surface.
- APPROACH ZONE: All that land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of a runway. The approach surface is 500 feet in width, and is the same elevation as, and coincides with, the end of the primary surface. The approach surface inclines outward and upward at a slope of:
34:1 for runway 07-25.
The approach surface expands uniformly to a width of :
3,500 feet for runway 07-25.
The approach surface extends for a horizontal distance of:
10,000 feet for runway 07-25.
- TRANSITIONAL ZONE: All that land which lies directly under an imaginary surface extending outward and upward at right angles to the runway centerline and extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface.
- HEIGHT RESTRICTIONS: Except as otherwise provided in this Ordinance, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in any airspace zone created in Subsection IV A so as to project above any of the imaginary airspace surfaces described in said Subsection IVA hereof.
Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. Nothing in this ordinance shall be construed as prohibiting the growth, construction , alterations or maintenance of any tree or structure so long as the tree or structure does not project above the imaginary airspace surfaces described in said Subsection IV A hereof. However, this condition or interpretation of the severability clause shall be in no way foreclose the public right to acquire easements, through purchase or condemnation, over such area, when necessary.
SECTION V: LAND USE SAFETY ZONING
A. SAFETY ZONE BOUNDARIES: In order to carry out the purpose of this Ordinance, as set forth above and also, in order to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Idaho County Airport, and furthermore to limit population and building density in the runway approach areas, thereby creating sufficient open space so as to protect life and property in case of an accident, there are hereby created and established the following land use safety zones.
- SAFETY ZONE A: All land in that portion of the approach zones of a runway, as defined in Subsection IV A hereof, which extends from the end of primary surface a distance of 1,000 feet from the end of the primary surface as shown by Idaho County Airport Zoning Map which is attached hereto and incorporated by this references.
- SAFETY ZONE B: All land in that portion of the approach zones of a runway, as defined in Subsection IV A hereof, which extends outward from Safety Zone A a distance of 9,000 feet, as shown by Idaho County Airport Zoning Map, which is attached hereto and incorporated herein.
- SAFETY ZONE C: All that land which is enclosed within the perimeter or the horizontal zone, as defined in Subsection IV A hereto, and which is not include in Zone A or Zone B.
B. USE RESTRICTIONS:
- GENERAL: Subject at all time to the height restriction set forth in Subsection IV B, no use shall be made of any land in any of the safety zones defined in Subsection V A which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft, makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft.
- ZONE A: Subject at all time to the height restrictions set forth in Subsection IV, and to the general restrictions contained in Subsection V B-1, areas designated as Zone A shall contain no buildings or temporary structures except as allowed under Section VII and shall be restricted to those uses which will not create, attract, or bring together an assembly of persons thereon. Permitted uses may include agricultural, light outdoor recreation (nonspectator), cemeteries and auto parking.
- ZONE B: Subject at all times to the height restrictions set for in Subsection IV B, and to the general restrictions contained in Subsection V B-1, areas designated as Zone B shall be restricted in use as follows:
- Each use shall be on a site whose area shall not be less than three acres.
- Each use shall not create, attract, or bring together a site population that would exceed 15 times that of the site acreage.
- Each site shall have not more than one residential building plot upon which any number or structures may be erected.
- A residential building plot shall be a singe, uniform and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area.
|Site Area at Least (Acres)||But Less Than (Acres)||Ratio of Site Area to Bldg.||Building Plot Area (sq. ft.)||Max. Site Population (15 person/plot area acre)|
|20 and up||4.1||218,000||300|
- The following uses are specifically prohibited in Zone B: churches, hospitals, schools, theaters, stadiums, hotels, and motels, trailer courts, camp grounds, and other places of public or semipublic assembly.
- ZONE C: Zone C is subject only to height restrictions set forth in subsection IV B, and to the general restrictions contained in Subsection V B-1.
SECTION VI: AIRPORT ZONING MAP
The several zones herein established are shown on the Idaho County Airport Zoning Map consisting of 1 sheet prepared by RIEDESEL ENGINEERING on the 13th day of February, 2012, with the revisions to the zoning ordinance. The original zoning map was prepared by EDWARDS, HOWARD & MARTENS, dated August 11, 1982, and amended once by EDWARDS, HOWARD & MARTENS on the 16th day of March, 1983. The current Idaho County Airport Zoning Map and all notations, references, elevations, data, zone boundaries, and other information thereon is hereby adopted as part of this Ordinance.
SECTION VII: NONCONFORMING USES
Regulations not retroactive. The regulations prescribed by this Ordinance, adopted on March 17, 1983, shall not be construed to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date, March 17, 1983, of this Ordinance, or otherwise interfere with the continuance of any non conforming use. Nothing herein contained shall require any change in the construction, alteration, intended use of any structure, the construction or alteration of which was begun prior to the effective date of the original Ordinance dated March 17, 1982, and is diligently prosecuted and completed within two years thereof.
SECTION VIII: USES OF PROPERTY
- FUTURE USES: A future use of land by any persons or owners shall in all respects conform to the restrictions set forth in this ordinance.
- EXISTING USES: No existing use of property shall be changed replaced, substantially altered, or rebuilt within any zone here under created if such change would create an airport hazard or permit a non conforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this ordinance.
- NONCONFORMING USES ABANDONED OR DESTROYED: Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated, or decayed that particular nonconforming structure or tree shall not be replace in its non conforming condition but shall be changed or eliminated so as to comply with the restrictions set forth in this ordinance. Whenever the zoning administrator determines that a non conforming use has been abandoned in accordance with the terms hereof, the zoning administrator shall notify the owner of that non conforming use in writing that it is necessary to bring the non conforming use into compliance with his ordinance. In the event that the owner after thirty (30) days notices shall fail or neglect or refuse to comply with the order of the zoning administrator the administrator may by appropriate legal action proceed to have the abandoned or partially destroyed non conforming structure lowered, removed, reconstructed, or equipped so that it might be in conformance with this ordinance and then assess the cost and expense thereof against that land upon which the structure is or was located. Unless such assessment is paid within ninety days from the service of the notice thereof on the owner of the land, the sum shall bear interest at the rate of eighteen percent per annum form the date the cost is incurred until paid, and shall be collected in the same manner as are general taxes.
SECTION IX: VARIANCES
Any person desiring to erect or increase the height of any structure, to permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this ordinance, may apply to the Board of County Commissioners for a variance. Such variance 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 do substantial justice and be in accordance with the spirit of this ordinance; provided any variance so allowed may be subject to any reasonable conditions that the Board of County Commissioners may deem necessary to effectuate the purposes of this ordinance.
SECTION X: LIMITATIONS
The requirements established by this ordinance in no way preempt or waive the requirements for notification or review established by other public agencies, such as those established by Federal Air Regulation, the form (currently designated as FAA form 7460-1) for which is attached hereto.
SECTION XI: HAZARD MARKING AND LIGHTING
A. NONCONFORMING USES: The owner of any nonconforming structure or tree is hereby required to obtain a permit for 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 hazards. Such marking and lighting shall be in conformance with existing published standards provided by the State or Federal Government. Such markers and lights shall be installed, operated, and maintained at the Owner’s expense.
B. VARIANCES: Any variance granted by the Zoning Administrator or Board of County Commissioners as the case may be, may if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances so condition such variance as to require the owner of the structure or tree in question at his 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.
SECTION XII: AIRPORT ZONING ADMINISTRATOR
It shall be the duty of the Airport Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for variances shall be made to the Airport Zoning Administrator upon a form furnished by the Zoning Administrator. Variance applications shall be forthwith transmitted to the Airport Zoning Administrator for action by the Board of County Commissioners as is hereinafter provided. Unless otherwise provided for by resolution of the Board of County Commissioners the Airport Zoning Administrator shall be the Idaho County Board of County Commissioners.
SECTION XIII: BOARD OF COUNTY COMMISSIONERS OR BOARD OF ADMINISTRATION
A. ESTABLISHMENT: The Board of County Commissioners shall serve as the interim Board of Administration for the Idaho County Airport Zoning Ordinance but reserves the right by appropriate amendment to this ordinance to create a Board of Administration for the operation of the Idaho County Airport which shall have the powers set forth in this section and such additional powers as the Board of County Commissioners shall desire to delegate to such Board.
B. POWERS: The Board of County Commissioner shall have and exercise the following powers:
1. To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administration in the enforcement of this Ordinance.
2. To hear and decide special exception to the terms of this Ordinance.
3. To hear and decide specific variances.
1. The Board of County Commissioners may adopt rules for its governance and procedure in harmony with the provisions of this Ordinance. Business concerning this Ordinance shall come before the Board of County Commissioners at their regular meeting held monthly, or at such other times as special meeting in accordance with law shall be needed.
2. The Board of County Commissioners shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of the Ordinance.
SECTION XIV: APPEALS
A. Any person aggrieved, or any taxpayer affected by a decision of the Zoning Administrator made in their administration of the Ordinance may appeal to the Board of County Commissioners.
B. All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds therefore. The Zoning Administrator shall forthwith transmit the same to the Board of County Commissioners together with all documentation constituting the record upon which the action appealed from was taken.
C. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of County Commissioners, after the notice of appeal has been filed with it, that by reason of the facts states in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of County Commissioners on notice to the Zoning Administrator and on due cause shown.
D. The Board of County Commissioners shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
E. The Board of County Commissioners may, in conformity with the provisions of this ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances, and to that end shall have all the powers of the Zoning Administrator.
SECTION XV: JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected by any decision of the Board of County Commissioners may present a petition to the District Court of Idaho County, Idaho setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the District Court within 30 days after the decision is filed in the office of the Board of County Commissioners. The petitioner must exhaust the administrative remedies provided herein prior to availing himself of the right to petition to the District Court as herein provided.
SECTION XVI: PENALTIES
Every person who shall construct, establish, substantially change or alter any existing structure or use, or permit the growth of any tree without having complied with the provisions of this ordinance or who, have been granted a variance under the provisions of the Ordinance, shall construct, establish, substantially change or substantially alter any existing growth or structure or permit the growth of any tree, except as permitted by such variance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $300 or imprisonment for not more than 90 days or both. The Airport Zoning Administrator may enforce all provisions of this Ordinance through such proceedings for injunctive relief and other relief as may be proper under the laws of Idaho and other applicable law.
SECTION XVII: CONFLICTS
Where there exist conflicts between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of the structures or trees, the use of the land, or any other matter, the more stringent limitation or regulation should govern or prevail. This Ordinance may be coordinated with and become appendices to area wide comprehensive zoning ordinance encompassing the areas described.
SECTION XVIII: SERVABILITY
A. In any case in which the provision of this Ordinance, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this Ordinance as to other structures and parcels of land, and to this end the provisions of this Ordinance are declared to be servable.
Such holding will not foreclose the public right to exercise its authority to obtain title over land affected thereby through acquisition or condemnation.
B. Should any section or provision of this Ordinance by declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid.
SECTION XIX: RECORDATION AND FILING
Copies of this Ordinance and accompanying zoning map shall be filed with the County Recorder, the County Assessor and the State Division of Aeronautics of the Idaho Transportation Department. All amendments, permits, and variances granted pursuant to authority herein shall be recorded and filed at County level in a manner prescribed and adopted by the Idaho County Board of Commissioners.
IDAHO COUNTY BOARD OF COMMISSIONERS
Idaho County Commissioner
ATTEST: KATHY M. ACKERMAN, CLERK