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Legislation #: 020283 Introduction Date: 3/14/2002
Type: Ordinance Effective Date: 4/14/2002
Sponsor: None
Title: Amending Chapter 6, Code of Ordinances, by repealing Sections 6-71 through 6-77, and 6-79 through 6-81, and enacting in lieu thereof new sections of like number and subject matter, relating to airport height zones.

Legislation History
DateMinutesDescription
3/14/2002

Prepare to Introduce

3/14/2002

Referred Aviation Committee

3/27/2002

Do Pass

3/28/2002

Assigned to Third Read Calendar

4/4/2002

Amended

4/4/2002

Passed as Amended


View Attachments
FileTypeSizeDescription
Other 0K Plat is on file in the Clerk's Office
020283.pdf Other 893K Authenticated and Additional Documents
htzn_1-3.pdf Maps 1128K airport height zoning map

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ORDINANCE NO. 020283, AS AMENDED

 

Amending Chapter 6, Code of Ordinances, by repealing Sections 6-71 through 6-77, and 6-79 through 6-81, and enacting in lieu thereof new sections of like number and subject matter, relating to airport height zones.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 6, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 6-71 through 6-77 and 6-79-6-81, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 6_71. Definitions.

 

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

 

Air navigation obstruction means any structure, object of natural growth, terrain, effect or condition which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or which otherwise impedes the takeoff or landing of aircraft.

 

Airport means any facility operated for the land and/or takeoff of aircraft.

 

Airport height zone map means the map which designates the boundaries and elevations of height zoning associated with an airport. Such maps are hereby made a part of this article by reference thereto.

 

FAA means the Federal Aviation Administration or any successor agency established by the United States government.

 

Nonconforming height, condition or effect means any structure, object of natural growth, terrain, condition or effect, does not conform to the requirements prescribed in this article.

 

Person means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

 

Structure, conditions and effects means any object of whatever material and design installed or constructed by man, including but not limited to buildings, smokestacks and antennas, and conditions or effects capable of refracting and reflecting light, reflecting, impeding and absorbing electronic signals and obscuring vision.

 

Sec. 6_72. Airport height zones.

 

Airport height zones are hereby established and are applicable to property in the vicinity of any airport identified in this article. Airport height zones identify the maximum allowable elevation of any structure within the airport height zones.

 


Sec. 6_73. Airport height zone maps.

 

The boundaries of the zones as established and described in this article and the allowable height, except the height related to the general ground terrain, are as shown and identified on airport height zone maps incorporated in this article and made a part of this article by this reference thereto, as follows:

 

(1) Kansas City International Airport Height Zone Map dated November 1994.

 

(2) Charles B. Wheeler Downtown Airport Height Zone Map identified as Document No. 157_D_30 and dated March 1982.

 

(3) Lees Summit Airport Zone Map, identified as Document No. 190-H-48 and dated March 3, 1981.

 

Copies of the maps referred to in this section are on file in the office of the city clerk.

 

Sec. 6_74. Reserved.

 

Sec. 6_75. Reserved

 

Sec. 6_76. Height limits within airport height zones.

 

In any airport height zone established by this article, no structure, object or natural growth of terrain shall be erected, altered, allowed to grow or maintained to a height in excess of the height limit established in this section. This height limit shall be as established by Federal Aviation Regulation Part 77 or its successor document or as established by the City.

 

An exception to this provision shall be any structure, object or natural growth of terrain in excess of the height limit established herein that the Federal Aviation Administration determines is not an obstruction or hazard to air navigation and is acceptable to the Director of Aviation and the Director of Codes Administration.

 

Sec. 6_77. Conditions and effects prohibited within airport height zones.

 

Except as otherwise provided in this article, it shall be unlawful to establish, create or maintain within any zone created under this article, any of the following conditions or effects:

 

(1) One which produces smoke, steam or dust that interferes with the use of the airport.

 

(2) One which creates electronic interference with communication facilities, landing or navigational aids, radar installations or other electronic equipment used in the operation of the airport or aircraft in the vicinity.

 

(3) Lighting which makes it difficult for pilots to distinguish between airport lights and other lights, results in glaring 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.

 

(4) Installation of overhead transmission lines or transformer stations in the airport height zones which are located longitudinal distance outward from the ends of the runway 4,000 feet, and laterally from the runway centerlines as extended for a distance of 2,000 feet.

 

Sec. 6_79. Permits for nonconforming uses.

 

(a) New uses. No material change shall be made in the use of land and no structure shall be erected, altered, planted or otherwise established in an airport height zone as defined herein, unless the permit therefore shall have been applied for and granted. Each such application shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use or structure would conform to the regulations prescribed in this article.

 

(b) Existing uses. Before any existing nonconforming height, condition or effect may be replaced, substantially altered or repaired, rebuilt or allowed to grow higher, within any airport height zone, a permit must be secured authorizing such replacement, change or repair. No such permit shall be granted that would allow the establishment or creation of an air navigation obstruction, or permit a nonconforming use or structure to be made or become higher or become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this article or than it is when the application for a permit is made.

 

Sec. 6_80. Appeals to board of zoning adjustment.

 

(a) Appeals from the decision of the director of codes administration under this article may be filed with the board of zoning adjustment in accordance with present or hereafter adopted procedures established by the rules and regulations of the board of zoning adjustment. Appeals from decisions of the director of codes administration shall be accompanied by a filing fee in the amount of $30.00. The appeal shall be accompanied by a statement from the director of codes administration, which sets forth the nature and extent to which the height, condition or effect does not conform to the provisions of this article. The application shall further affirm that notice of appeal has been filed with the Federal Aviation Administration. The applicant shall further submit a copy of the appeal, and all attachments thereto, and file them with the director of aviation of the city.

 

(b) The director of aviation shall file a recommendation regarding the appeal to the board of zoning adjustment. The board of zoning adjustment may request further recommendation from the Federal Aviation Administration or such other sources as necessary to render a proper determination.

 

(c) Any variance granted by the board of zoning adjustment shall be so conditioned as to require the owner of the structure to install, operate and maintain thereon such a marker, paint or lights necessary to indicate to fliers the presence of such structure and as detailed by current Federal Aviation Administration standards.

 

Sec. 6_81. Abandonment of nonconforming structure or use; dangerous structures.

 

Whenever the director of codes administration determines that a nonconforming height, condition or effect or use has been abandoned, or that such structure, as defined in this article, is a dangerous building or structure as defined by the building code, he shall take such necessary action as prescribed by the building code.

 

________________________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney