Amended Ordinance Creating An Air Installation Compatible Use Zone (AICUZ)
STATE OF MISSISSIPPI
COUNTY OF KEMPER
ORDINANCE NO. 95-0001
AMENDED ORDINANCE CREATING AN AIR
INSTALLATION COMPATIBLE USE ZONE (AICUZ)
WHEREAS, the Kemper County Board of Supervisors desired to consider an amended air installation compatible use zone ordinance (AlCUZ). Said property sought to be zoned as an air installation zone is set out on maps entitled Air Installation Environs Zones, Map 1 and 1A and Height Limitations Zones, Map 2, which are made a part hereof; and,
WHEREAS, pursuant to Section 61-7-13 Mississippi Code of 1972, the Board by resolution dated November 16, 1992 and October 3, 1994, did appoint Joe Price, Willie Towner, Jerry Dominick, Linda Gully and Frankie McRae as members of the Airport Zoning Commission; and,
WHEREAS, the Airport Zoning Commission did make a preliminary report on November 3, 1994 and held public hearings at 7:00 p.m. on or about the 3rd day of November, 1994, and the 8th day of December, 1994, concerning the adoption of an amended AICUZ ordinance and said Commission has now submitted its final report to the Board of Supervisors; and,
WHEREAS, said Board of Supervisors did fix the 25th day of January , 1995, at 6:00 p.m., as the time in which a public hearing would be held in the Courtroom on the second floor of the Kemper County Courthouse, DeKalb, Mississippi, for the purpose of hearing all persons in interest and citizens in relation thereto; and,
WHEREAS, notice of said public hearing was published in Kemper County Messenger, a newspaper circulated in Kemper County, Mississippi, having a general circulation in the county and being qualified newspaper under the provisions of Section 13-3-31 of the Mississippi Code Annotated (1972) as amended, published in the issues of the newspaper dated January 5, 1995, which notice of public hearing set for the proposed ordinance to be adopted; and
WHEREAS, on the 25th day of January , 1995, at 7:00 p.m. at the Board Room on the first floor of. the Kemper County Courthouse, the Board of Supervisors duly met and conducted a public hearing as required by law at which public hearing all citizens and other persons in interest who appeared were heard by said Board of Supervisors; and,
WHEREAS, the Board of Supervisors of Kemper County, having now complied with all pertinent laws with respect to the handling of said air installation zoning are now fully advised in the premises.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Kemper County:
SECTION l. LEGISLATIVE INTENT.
The Board of Supervisors of Kemper County has considered, among other things, the character of the operations conducted and proposed to be conducted at the Meridian Naval Air Station within Kemper County and not within any municipal corporation and which impact the Meridian Naval Air Station, the nature of the terrain and the character of the area; the current uses of property and the military uses for which it is adaptable, and the Board of Supervisors did consider and find as follows:
(1) There exists one military auxiliary Air Station known as Joe Williams Field and a portion of the Meridian Naval Air Station within Kemper County not within any municipal corporation and in proximity to Kemper County where operations are potentially inimical to the health, safety and general welfare of the citizens of Kemper County;
(2) Air installation hazards endanger the lives and property of users of air installations and occupants and owners of property in their vicinity;
(3) Air installations produce noise which may not be compatible with residential uses and certain commercial and industrial uses;
(4) Obstructions reduce the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the air installation and the investment therein;
(5) The creation and establishment of an air installation hazard injures the county served by the air installation in question;
(6) The character of the flying operations expected to be conducted at the air installation;
(7) The nature of the terrain within the airport hazard area;
(8) The character of the neighborhood and the uses to which the property to be zoned is put and adaptable.
The purpose of this ordinance is to protect the public health, safety and general welfare by preventing the creation or establishment of air installation hazards and by preventing incompatible development.
SECTION 2. APPLICABILITY.
The regulations of land uses set forth herein are applicable to all lands within the delineated zones set forth on Maps 1, 1A and 2 which are attached hereto and adopted by this reference.
SECTION 3. DEFINITIONS.
As used in this ordinance, unless the context otherwise requires:
(a) Accident Potential zones (APZ's) as applied to military air installations, mean those areas which have been identified as being significantly impacted by accident potential from aircraft.
(b) Agriculture means the production of crops, horticulture, the raising of livestock and poultry.
(c) Agriculture-related activity means those activities which are customarily incidental or accessory to an agricultural use, including but not limited to, the maintenance of barns, storage sheds and farm equipment.
(d) Air Installation means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purpose.
(e) Air Installation Elevation means the highest point of an air installation's landing area measured in feet above mean sea level.
(f) Air Installation Environs Zone means that area which has been identified as being significantly impacted by air installation noise and occident potential.
(q) Air Installation Hazard means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F .R . Sections 77.21, 77.23 and 77.25, which obstructs the airspace required for the flight of aircraft in landing or taking off at an air installation or is otherwise hazardous to such landing or taking off of aircraft.
(h) Air Installation Hazard Zone means any area of land or water upon which an air installation hazard might be established if not prevented by this ordinance.
(i) Air Installation Land Use Administrator- (Administrator) The administrative official designated by the Board of Supervisors to implement and enforce this policy who shall be the Kemper County Board of Supervisors or its agent.
(j ) Airspace Height- To determine height limits in all zone set forth in this ordinance, the datum shall be above Mean Sea Level elevation (MSL) unless otherwise specified.
(k) Alteration means any construction which would result in a change in height or lateral dimensions of an existing structure.
(l) Board of Adjustment - The Board of Adjustment shall consist of five members, each to be appointed for a term of three (3) years by the Kemper County Board of Supervisors and to be removable by the Supervisors for cause upon written charge and after public hearing. Board members shall live within an Air Installation Environs Zone and a majority shall live in the Joe Williams Airfield Zone. Citizens living in Air Installation Environs Zones will submit to the Board of Supervisors a list of names from which the Board of Supervisors is to appoint the Board of Adjustment. Six names shall be submitted from the Joe Williams Airfield Zone and four shall be submitted from the Meridian Naval Air Station Zone.
The Board's members shall exercise the following powers:
1) To hear and decide appeals from any order, requirement, decision or determination made by Board of Supervisors or its agent in the enforcement of air installation zoning regulations;
2) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such Board may be required to pass upon said regulations;
3) To hear and decide specific variances as set out herein.
The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Board of Supervisors, or to decide in favor of the applicant on any matter upon which it is required to pass under the air installation zoning regulations or to affect any variation in any such regulations.
The Board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the Board shall be held at the call of the chairman and such other times as the Board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absence or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board and shall be a public record.
(m) Construction means the erection or alteration of any structure either of a permanent or temporary character.
(n) Day-Night Average Sound Level (LDN or DNL) is a basic measure for quantifying noise exposure, namely, the A-weighted sound level energy average over a 24 hour time period, with a 10 decibel penalty applied to nighttime (10:00 p.m. to 7:00 a.m.) sound levels.
(o) dBA means the unit of corrected noise level measured in accordance with the “A-weighted scale” which relates to the auditory sensitivity of the human ear.
(p) Decibel (Abbreviated dB) is a unit for measuring the relative loudness of sound or sound pressure equal approximately to the smallest degree of difference of loudness or sound pressure ordinarily detectable by the human ear, the range of which includes about 130 decibels on a scale beginning with 1 for the faintest audible sound.
(q) Height means the overall height of a structure, including any appurtenance thereon, and for the purpose of determining the height limitations set forth herein, the datum shall be Mean Sea Level elevation unless otherwise specified.
(r) High Density Residential Use – For purposes of this ordinance, high density residential use is defined as fifteen (15) or more units per acre.
(s) Nonconforming Use means any structure, growth or use of land which was lawfully in existence prior to the enactment of the regulations and which does not conform to these regulations.
(t) Person means any individual, firm, co-partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee or their similar representative thereof.
(u) Runway means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
(v) Structure means any object, constructed or installed by man, including but not limited to, houses, buildings, towers, smokestacks, utility poles and overhead transmission lines, but excluding any auxiliary buildings such as a garage or storage building not used for retail sales.
(w) Tree – For the purpose of airport regulation, means any plant in the vegetable kingdom.
SECTION 4. HEIGHT LIMITATIONS.
There are hereby created and established certain airport hazard zones. These zones are shown on the Height Limitations Zones Map which is attached hereto as Map 2 and by this reference made a part hereof.
A structure located in more than one of the described zones shall be considered to be only in the zone with the more restrictive height limitation.
Except as otherwise provided, no structure shall be constructed or maintained, or tree permitted to grow, within any zone created herein in excess of the height limitation established herein.
(1) Primary Zone. The area longitudinally centered on each runway, and extending 200 feet beyond the runway end and 1,500 feet wide (750 feet each side of centerline). No structure of obstruction that is not a part of the landing and take-off area is permitted in the primary zone if it is of a greater height than the nearest point on the runway.
(2) Clear Zone. The fan shaped area extending outward from the end of each runway. The inner boundary is the same width as the primary zone and commencing at 200 feet out from the threshold, expands at an angle 7 degrees 58 minutes and 11 seconds to a width of 2,284 feet. No structure or obstruction not a part of the landing and take-off area is permitted if it is of a greater height than the end of the runway.
(3) Inner Horizontal Zone. The area encompassing the runway, primary zone and clear zone with an outer perimeter formed by swinging arcs 7,500 feet radius about the centerline at the end of each primary zone and connecting adjacent arcs by lines tangent to these arcs. No structure or obstruction will be permitted in the inner horizontal zone of a greater height than 150 feet above airport elevation.
(4) Conical Zone. The area extending outward from the periphery of the inner horizontal zone for a distance of 7,000 feet. Height limits in the conical zone commence at a height of 150 feet above airport elevation at the inner boundary where it adjoins the inner horizontal distance measured outward from the inner boundary to a height of 500 feet above airport elevation at the outer boundary.
(5) Outer Horizontal Zone. The area extending outward from the outer periphery of the conical zone for a distance of 30,000 feet. The height limit within the outer horizontal zone is 500 feet above airport elevation.
(6) Approach Zone. The area longitudinally centered on each run way extended centerline, with an inner boundary 200 feet out from the end of the runway and the same width as the primary zone then extending outward for a distance of 50,000 feet expanding uniformly in width to 16,000 feet at the outer boundary. Height limits within the approach zones commence at the height of the runway end and increase at the rate of one foot vertically for every 50 feet horizontally for a distance of 25,000 feet at which point it remains level at 500 feet above airport elevation to the outer boundary.
(7) Transitional Zone. The area with an inner boundary formed by the side of the primary zones; the first 200 feet of the clear zones and the approach zones then extending outward at right angle to the runway centerline and extended centerline until the height matches the adjoining inner horizontal zones, conical zone and outer horizontal zone height limit. The height limit at the inner boundary is the same as the height of the adjoining inner horizontal zone and increases at the rate of one foot vertically for every seven feet horizontally to the outer boundary of the transitional zone, where it again matches the height of the joining outer horizontal zone.
SECTION 5. USE RESTRICTIONS.
Notwithstanding any provisions of the Zoning Code, the permitted land use for any property within the Airport Environs Zone, as shown on Map 1, shall be modified as set forth in Table 1 (Table 1 can be found at the end of this document):
Key to Table 1
(1) Accident Potential Zones (APZ’s) are divided into three types along primary flight paths. The Clear Zone is an area which possesses a high potential for accidents. APZ I is the area normally beyond the Clear Zone which possesses a significant potential for accidents. APZ II is an area normally beyond APZ I which has a measurable potential for accidents.
(2) Airport Noise Zones are hereby established as follows:
Airport Noise Zone DNL Values
1 Less than 65
2 65 to 75
3 Greater than 75
(3) Composite AICUZ Zones are hereby established as follows:
CZ Clear Zone
I-3 Accident Potential Zone I, Noise Zone 3
I-2 Accident Potential Zone I, Noise Zone 2
I-1 Accident Potential Zone I, Noise Zone 1
II-3 Accident Potential Zone II, Noise Zone 3
II-2 Accident Potential Zone II, Noise Zone 2
II-1 Accidental Potential Zone II, Noise Zone 1
3 Noise Zone 3
2 Noise Zone 2
(4) Development Criteria
(a) No Restrictions. The provisions of the existing zoning code are appropriate without modification.
(b) Restricted Development. The land uses set forth in the zoning code are appropriate; however, certain conditions or safeguards need to be imposed to protect the public interest.
(c) No New Development. The land uses permitted by the zoning code are incompatible with and prohibited by the airport environs zone in which the property is located.
(5) Key to Permitted Conditional Development.
(See attached notes for land use tables)
SECTION 6. USES INTERFERING WITH AIRCRAFT.
The Board recognizes federal requirements with regard to misleading aircraft by lighting, limiting visibility by visual hazards and the hazard of electronic interference with aircraft. It is not the intent of this ordinance to impose regulations more stringent in these uses than is federal law. This section is included in the ordinance merely to make the public aware of existing federal rules and regulations.
SECTION 7. LIGHTING.
Notwithstanding the provisions of any other section or ordinance, the owners of any structure shall permit installing lighting in accordance with Federal Aviation Advisory Circulars in effect at the expense of the United States Government,
SECTION 8. HAZARD WARNING AND LIGHTING.
In granting any permit or variance under this ordinance, the Board of Supervisors or its agent or the Board of Adjustment may, if it deems such action advisable to effectuate the purposes of this ordinance and reasonable under the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the United States Government, at its 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 9. NONCONFORMING USES.
(A)No provisions of this ordinance shall require the removal, lowering, or other change or alterations of any structure or tree not conforming to these regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as set forth herein.
(B) No nonconforming structure or tree shall be permitted to become a greater hazard to air navigation than it was when it became nonconforming.
(C) A use which is nonconforming by virtue of the regulations contained in this part may be structurally altered, reconstructed or replaced provided the structural alteration, reconstruction or addition provides for the sound attenuation required by the airport noise zone within which the parcel is located.
A mobile home which is nonconforming by virtue of the regulations contained in this part may be replaced with another mobile home, regardless of size, without being required to meet the sound attenuation requirements for the airport noise zone within which the parcel is located.
(D) Notwithstanding other provisions of this part, a mobile home part [park] existing on the effective date of this part may place a mobile home not meeting the requirements of this part within the park on each mobile home space established as existing on the effective date of this ordinance.
(E) If a nonconforming use, by virtue of the regulations contained in this ordinance ceases the subsequent use shall conform to the regulations of this ordinance.
SECTION 10. PERMITS.
(A) The owners of property within the AICUZ affected area will not be required to obtain permits with reference to land used directly for agriculture purposes or for the erection, maintenance, repair or extension of farm buildings or direct farm related structures as long as said extensions or buildings are consistent with the type and sizes of those currently in use in 1994.
(B) No new structure or use may be constructed or established or any existing use or structure substantially changed or altered within the air installation hazard zone or air installation environs zone unless a permit has been granted by the Board of: Supervisors or its agent. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit a determination whether the resulting use, structure or growth would conform to the regulations herein prescribed. If the determination is affirmative, the permit shall be granted. No permit shall be granted that would allow the creation or establishment or an air installation hazard.
(C) No nonconforming structure may be replaced, substantially altered or regulate[d] within the air installation hazard zone or air installation environs zone unless a permit has been granted by the Board of Supervisors or its agent. No permit shall be granted that would allow a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the regulation was adopted or when the application for a permit is made.
SECTION 11. SPECIAL EXCEPTION - PRIVATE AIRPORTS AND HELICOPTER LANDING SITES.
(A) The Board of Adjustment may grant a special exception for a private airport or helicopter landing site if it finds the following:
(1) That the applicant has obtained all necessary permits from state and federal agencies for the operation of the facility;
(2) that the proposed use is consistent with the highest order of safety;
(3) the operation of the facility is compatible with surrounding land uses;
(4) the purposes use will not adversely affect the public interest.
(B) The Board may prescribe appropriate conditions and safeguards to effectuate the purposes of this ordinance.
SECTION 12. VARIANCES.
(A) Any person desiring to erect any structure, or otherwise use his property in violation of the regulations set forth herein, may apply to the Board of Adjustment for a variance from the air installation zoning regulations in question.
(B) Such variances shall be allowed where a literal interpretation or enforcement of the ordinance would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of regulations and this chapter. Provided, that any variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this ordinance.
(C) Any person desiring to erect, alter or modify any structure, the result of which would exceed the federal obstruction standards as contained in C.F.R. Section 77, as amended, specifically 14 C.R.R. Sections 77.21, 77.23, 77.25, 77.28, 77.29 and FAA Advisory Circular 150/5304 may apply to the Board of Adjustment for a variance from the regulations in question.
(D) Temporary structures such as mobile homes for residential or other purposes may be placed in an Air Installation Environs one and not be subject to these zoning regulations.
SECTION 13. APPEALS.
(A) Appeals to the Board of Adjustment.
(l) Any person aggrieved by any decision of the Board of Supervisors or its agent herein made in its administration of air installation zoning regulations set out herein may appeal to the Board of Adjustment, who are hereby authorized to hear and decide appeals from the decisions of such Board of Supervisors or its agent.
(2).All appeals taken must be taken within a reasonable time from the decision of the Board of Supervisors or its agent and filing with the Board of Adjustment a notice of appeals specifying the grounds thereon. The Board of Supervisors or its agent from which the appeal is taken shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the appeal action from ? was taken.
(3)An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Board of Supervisors or its agent from which the appeal is taken certifies to the Board after notice of the appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise then by order of the Board on notice to the agency from which the appeal is taken and due cause shown.
(4)The Board shall fix a reasonable time for the hearing of 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.
(5) The Board may then affirm, wholly or partly, or modify the order, requirement, decision, or termination appealed from and may make such order, requirement, decision, or termination as ought to be made, and to that and shall have all the powers the Board of Supervisors or its agent from which the appeal was taken.
(B) Judicial Review in Circuit Court. Any person aggrieved by a decision of the Board of Adjustment may appeal such decision in a manner provided by law as set out in Section 61-7-25 of the Mississippi Code of 1972.
SECTION 14. PENALTIES FOR VIOLATION. Violations of the provision of this ordinance or failure to comply with any of its requirements, shall constitute a misdemeanor. A person who violates this ordinance or fails to comply with any of its requirements shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 or imprisoned for not more than 30 days or both and in addition shall pay all costs and expenses involved in said case. Each day such violation continues shall be considered a separate offense. Nothing herein shall prevent the Board of Supervisors from taking such other lawful action as is provided by law to prevent restrain, correct or abate any violation of this ordinance.
SECTION 15. REPEAL. This ordinance shall become null and void if the Navy removes or upgrades their AICUZ footprint.
SECTION 16. SEVERABILITY. If any of the provisions of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect with the invalid provision or application, and to this end the provision of this ordinance are declared to be severable.
SECTION 17. FEDERAL AVIATION ADMINISTRATION REGULATIONS.
This ordinance in no way alters, amends or interferes with FAA regulations, nor does it grant to the United States Navy any rights concerning the manner, method or location of aircraft training flights.
SECTION 18. LOCAL COMPLIANCE. The Board of Supervisors will require compliance of this ordinance and will seek any legal means available and appropriate consistent with this ordinance, in state or federal court (including injunctive relief or suit for money damages).
That this Ordinance shall take effect and be in full force as provided by law.
PASSED by the Kemper County Board of Supervisors on this the 6th day of February, 1995.
KEMPER COUNTY BOARD OF SUPERVISORS
By: ____James Granger___________________
James Granger, President
Shelby J. Kilpatrick________________________
Clerk, Board of Supervisors
By Tami Dawkins A.C.
STATE OF MISSISSIPPI
COUNTY OF KEMPER
I, the undersigned Clerk of the Board of Supervisors of Kemper County, Mississippi, do hereby certify that the above and foregoing Ordinance was passed by the Kemper County Board of Supervisors on the day above mentioned.
IN TESTIMONY WHEREOF, witness my hand and official seal of the Kemper County Board of Supervisors on this the 6th day February, 1995.
__________________Shelby J. Kilpatrick
Clerk, Board of Supervisors
By Tami Dawkins A.C.
James R. Moore