Lincoln Municipal Code Ch. 18.70 General Provisions

(a) It is hereby found that an airport hazard endangers the lives and property of users of Lincoln Municipal Airport, and property or occupants of land in its vicinity, and also that the obstruction types, in effect, reduce the size of area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. Accordingly, it is declared that:

(1) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the airport;

(2) It is necessary, in the interest of the public health, safety and general welfare, that the creation or establishment of airport hazards be prevented;

(3) The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of police power.

(b) It is further declared that both 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 cities may raise and expend public funds and acquire land or interests in land.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.000, 1979)

Where there exists a conflict between any of the regulations or limitations prescribed in this division and any other regulations applicable to the same area in this title or any ordinance, regulation or statute, whether the conflict is with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.010, 1979)

The planning commission of the city is appointed as the airport zoning commission.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.020, 1979)

As used in this division, the following terms shall have the following meanings unless the context otherwise requires:

(1) "Airport" means the Lincoln Municipal Airport.

(2) "Airport elevation" means the highest point of the airport's usable landing area measured in feet from mean sea level.

(3) "Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

(4) "Airport zoning commission" means a board consisting of the city planning commission.

(5) "Approach surface" means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Chapter 18.72. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

(6) "Approach," "transitional," "horizontal" and "conical" zones: These zones are set forth in Chapter 18.72.

(7) "Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

(8) "Height" means, for the purpose of determining the height limits in all zones set forth in this division and shown on the zoning map, mean sea level elevation, unless otherwise specified.

(9) "Horizontal surface" means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

(10) "Lincoln airport authority" means the governing board of the airport.

(11) "Nonconforming use" means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this division or an amendment thereto.

(12) "Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.

(13) "Person" means an individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee or similar representative or any of them.

(14) "Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and so indicated on an FAA-approved airport layout plan, a military service's approved military airport layout plan, or any other FAA planning document or military service's military airport planning document.

(15) "Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the "primary surface" extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface or planned hard surface, the "primary surface" ends at each end of that runway. The width of the "primary surface" of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway centerline.

(16) "Runway" means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

(17) "Structure" means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formations and overhead transmission lines.

(18) "Transitional surfaces": These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet, measured horizontally, from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

(Ord. 386B §1(part), 1981: Ord. 357B §9.01.030, 1979)