§ 46-672. Airport overlay zone

(a)

Zone intent and resolution of conflict with underlying zoning district standards. The airport overlay zone has been established to reduce the hazards to, and provide additional safety for, the users of the airport and to the people who live, work and use property in its vicinity. It is the intent of the airport overlay zone to reduce said hazards and to enhance the safety through the regulations and standards of this section which shall be in addition to the regulations and standards of the underlying zoning district. In the event of conflict between the regulations and standards of the airport overlay zone and those of the underlying zoning district, the more stringent shall apply.

(b)

Airport overlay zone area limits. The airport overlay zone shall encompass the corporate limits of the city and any lands under the direct control of the city pursuant to the provisions of Public Act No. 425 of 1984 (MCL 124.21 et seq.).

(c)

Plan review prior to issuance of a building permit. A project proposed for construction, including construction associated with modifications to existing structures, shall be reviewed for conformance with the regulations and standards of the airport overlay zone.

(d)

Regulations and standards within the limits of the airport overlay zone. No use or structure shall:

(1)

Create electrical or other interference with radio communication between the airport and aircraft or create interference with navigational aids employed by aircraft.

(2)

Make it difficult for fliers to distinguish between airport lighting or result in glare in the eyes of fliers using the airport.

(3)

Create smoke, mist, fog, smog or air pollution in such amounts as to impair the visibility of fliers using the airport.

(4)

Attract birds or other wildlife so as to constitute a hazard to aircraft.

(5)

Endanger the landing, taking off or maneuvering of aircraft.

(6)

Exceed a height in excess of the limitations prescribed by the provisions of the county airport zoning manual. Said height limitation shall apply to trees and other vegetation and all structures. In the event a specific height is not referenced in the above stated manual, the required height limitation shall be calculated by the building inspector through interpolation of the aerial contours as provided by said manual. In making said interpolation, the city may seek the assistance of the county airport authority.

(e)

Appeals. Appeals of decisions or actions by the building inspector pursuant to enforcement of the provisions of the airport overlay zone shall be made subject to division 2 of article II of this chapter, pertaining to the board of appeals; provided, however, that all applications for appeal shall be submitted to the county airport authority for review and recommendation.

(f)

Conflict with federal regulations. The provisions of the airport overlay zone are not intended to conflict with existing federal approach protection regulations. The Federal Aviation Administration requires that it be given notice of any construction or alterations that:

(1)

Would be more than 200 feet above ground level at its site.

(2)

Would be above an imaginary surface extending outward and upward at a ratio of 100:1 slope, within 20,000 feet of the nearest point of a runway more than 3,200 feet in length.

(3)

Would be above an imaginary surface extending outward and upward at a ratio of 50:1 slope within 10,000 feet of the nearest point of a runway less than 3,200 feet in length.

(Prior Code, § 5.199; Ord. No. 90-26, 11-5-1990)

State law reference

Aeronautics code, MCL 259.1 et seq.; airport zoning act, MCL 259.431 et seq.