ARTICLE I


AIRPORT ZONING


SEC.

3-001.00 Short Title


    This Article shall be known and may be cited as the "Slidell Airport Hazard Zoning Ordinance". (Ord. No. 80-29, adopted 08/21/80)

SEC.

3-001.01 Intergovernmental Agreement


    The Police Jury will enter into an Intergovernmental Agreement with the City of Slidell, subject to the following conditions:

    a)    There be no transfer of ownership of land to the Slidell Airport;
    b)    That a long term lease for ninety-nine (99) years be established;
    c)    That the City of Slidell be allowed to annex the Airport area;
    d)    That the City of Slidell be required to manage the Airport directly;
    e)    That in the event the City of Slidell chooses to allow a third party lease, they will provide St. Tammany Parish with a six (6) month notice, and the Parish will have the option to either approve such third party lease or return the management of the Airport to the Parish;
    g)    Additionally, the City of Slidell will annex Airport Road from the point which they own today north of Interstate 12 to the Slidell Airport; and
    h)    That the Parish will continue to provide maintenance and police responsibility on said road.

(Ord. No. 90-1216, adopted 01/18/90)

EDITORIAL NOTE: By Inter-Governmental Agreement dated January 25, 1990, management of the Slidell Airport was transferred to the City of Slidell. Said agreement recorded in COB 1411, folio 224 and MOB 1362, folio 880 of the official records of St. Tammany Parish, Louisiana.

SEC.

3-002.00 Airport Hazard Zoning Ordinance


    To provide protection from the hazard created by structures or trees that in effect reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, the St. Tammany Parish Police Jury finding that an airport hazard is a public nuisance and an injury to the region served by the Slidell Airport; in the interest of the public health, public safety, and general welfare to prevent airport hazards to the extent legally possible, and by the exercise of its police power as the governing authority of St. Tammany Parish, the said St. Tammany Parish Police Jury hereby designates this Article as the Slidell Airport Hazard Zoning Ordinance.

    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 political subdivisions may raise and expend public funds and acquire land or interest in land.

(Taken from preamble, statement of purpose, intent and legal authority of Ord. No. 91-1543, adopted 12/19/91)

SEC.

3-002.03 Definitions



    As used herein, unless the context otherwise requires:

(1)     Airport: The Slidell Airport.
(2)     Airport Elevation: The highest point of an airport's usable landing area measured in feet from mean sea level.
(3)     Airport Hazard: 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 Manager: That person appointed by the Mayor of Slidell to manage the day to day operation of the Slidell Airport. (Ord. No. 91-1543, adopted 12/19/91)
(5)     Structure: An object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks, earth information, and overhead transmission lines.
(6)     Tree: Any object of natural growth.
(7)     Nonconformance Use: Any pre-existing structure, object, of natural growth, or use of land which is inconsistent with the provisions of this Article or an amendment thereto.
(8)     Height: For the purpose of determining the height limits in all zones set forth in this Article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
(9)     Person: An individual, firm, partnership, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.
(10)     Airport Hazard Adjustment [Board]: A board consisting of five (5) members, two (2) of which are appointed by the St. Tammany Parish Police Jury and two (2) by the Slidell City Council as is provided by the Airport Zoning Act of 1944; and one (1), the fifth member, appointed by the above four (4) appointees to compose the Airport Hazard Adjustment Board. (Ord. No. 80-29, adopted 08/21/80; abolished by Ord. No. 92-1564, adopted 01/16/92; reinstated under new name by Ord. No. 91-1543, adopted 12/19/91)
(11)     Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length.
(12)     Visual Runway: 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 FAA approved airport layout plan, a military service's approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.
(13)     Utility Runway: A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
(14)     Non-precision Instrument Runway: 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 non-precision instrument approach procedure has been 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.
(15)     Primary Surface: 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)     Approach, Transitional, Horizontal, and Conical Zones: These zones apply to the area under the approach, transitional, and conical surfaces defined in FAR Part 77.

(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 consolidated Sections 3-002.01-3-002.15 into Section 3- 002.03 entitled Definitions herein, renumbering said definitions as subsections 1-16 inclusive, added subparagraph (4) "Airport Manager", reinstated a Board of Adjustment changing the name to the "Airport Hazard Adjustment Board" in subparagraph (10) and omitted "and approved" from subparagraph 14.

SEC.

3-003.00 Airport Zones


    In order to carry out the provisions of this Article, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on Slidell Airport Hazard Zoning Map consisting of 1 sheet prepared by Hamilton, Meyer, and Associates, and dated June 23, 1980 which is attached to Ordi nance No. 91-1543, adopted 12/19/91 and made apart hereof [by reference]. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1) Horizontal Zone: The horizontal zone is hereby established by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs of drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(2) Conical Zone - The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(3) Precision Instrument Runway Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

(4) Runway Larger Than Utility With A Visibility Minimum As Greater Than 3/4 Mile Non- Precision Instrument Approach Zone -The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)


EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 changed the numbering of subsections from A-D to (1)-(4) and added "3/4" to the caption of subtitle (4).

SEC.

3-004.00 Airport Zone Height Limitations


    Except as otherwise provided in this Article, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this Article to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1) Transitional Zones: Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation which is 27 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven (7) feet horizontally for each foot vertically shall be maintained beginning at the sides of and as the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(2) Horizontal Zone: One hundred and fifty (150) feet above the airport elevation or a height of 178 feet above mean sea level.

(3) Conical Zone - Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(4) Precision Instrument Runway Approach Zone Slopes upward fifty (50) feet vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slope upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(5) Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Non-Precision Instrument Approach Zone: Slopes upward thirty-four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(6) Height Limitations: Nothing in this Article shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to 50 feet above the surface of the land. Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 changed the numbering of subsections from A-F to (1)-(6) and added "3/4" to the caption of subtitle (4).

SEC.

3-005.00 Use Restrictions



    Notwithstanding any other provisions of this Article, no use may be made of land or water within any zone established by this Article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport. (Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

SEC.

3-006.00 Nonconforming Uses


(1) Regulations Not Retroactive: The regulations prescribed by this Article 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 of this Article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Article, and is diligently prosecuted.

(2) Marking and Lighting: Notwithstanding the preceding provisions of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Slidell Airport Manager to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Slidell.

(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 changed the numbering of subsections from A-B to (1)-(2), changed "Airport Authority No. 1 of St. Tammany Parish" to "Slidell Airport Manager".

SEC.

3-007.00 Permits


(1) Future Uses: No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted.

    (a) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.

    (b) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

(2) Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a conforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Article or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.



(3) Nonconforming Uses Abandoned Or Destroyed: Whenever the Slidell Airport Manager determines that a nonconforming tree or structure, upon approval of Parish Building Inspector, has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(4) Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this Article, may apply to the Board of Airport Hazard Adjustment for a variance from such regulations. Such variances 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 will do substantial justice and be in accordance with the spirit of this Article.

(5) Hazard Marking and Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City of Slidell 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.
(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 changed the numbering of subsections from A-E to (1)-(5) and 1-2 to (a)-(b); in subparagraph (3) changed "Airport Authority No. 1 of St. Tammany Parish" to "Slidell Airport Manager", changed "finds" to "determines", changed "Airport Authority No. 1 of St. Tammany Parish" to "Slidell Airport Manager", inserted ", upon approval of [the] Parish Building Inspector,"; in subparagraph (4) added "Hazard"; in subparagraph (5) changed "Airport Authority No. 1 of St. Tammany Parish" to "City of Slidell".

SEC.

3-008.00 Enforcement


    It shall be the duty of the Building Inspector of the Parish Department of Development to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Building Inspector upon a form furnished by him. Applications required by the Article to be submitted to the Building Inspector shall be promptly considered and granted or denied by him. Application for action by the Board of Airport Hazard Adjustment shall be forthwith transmitted by the Building Inspector. (Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 changed “Public Works” to “Development” and added “Airport Hazard”.

SEC.

3-009.00 Board Of Airport Hazard Adjustment


    1. There is hereby created a Board of Airport Hazard Adjustment [to] exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the Building Inspector in the enforcement of this Article; (2) to hear and decide special exceptions to the terms of this Article upon which such Board of Airport Hazard Adjustment regulations may be required to pass; and (3) to hear and decide specific variances.

2. The Board of Airport Hazard Adjustment shall consist of five (5) members. One member to be selected by the Parish Council, one (1) nominated and appointed by the

Parish President, two (2) appointed by the City of Slidell, and one (1) to be selected by a majority of the four previous appointments to this Board. Each member shall serve for a term of three (3) years and until his successor is duly appointed and qualified. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.(Ord. No. 00-0157, adopted 06/01/2000)

3. The Board of Airport Hazard Adjustment shall adopt rules for its governance in harmony with the provisions of this Article. Meetings of the Board of Airport Hazard Adjustment shall be held at the call of the Chairman and at such other times as the Board of Airport Hazard Adjustment 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 of Airport Hazard Adjustment shall be public. The Board of Airport Hazard Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact, and keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Building Inspector, and on due cause, shown.

4. The Board of Airport Hazard Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any other, requirement, decision, or determination which comes before it under the provisions of this Article.

5. The concurring vote of [a] majority of the members of the Board of Airport Hazard Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the Building Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this Article, or to effect variation in this Article.
(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 reorganized former subsection A 1-3 into subparagraph 1, added "Hazard Adjustment", omitted "have and" prior to "[to]"; renumbered subparagraphs from B-E to 2-5; in subparagraph 2 changed the appointing authority from all board members being appointed by the St. Tammany Parish Police Jury to a shared appointing authority with the City of Slidell and the fifth member appointed by the said board, added "Hazard Adjustment"; in subparagraph 3 added "Hazard Adjustment": in subparagraph 4 added "Hazard Adjustment"; and in subparagraph 5 added "Hazard Adjustment".

SEC.

3-010.00 Appeals


    1. Any person aggrieved or any taxpayer affected by any decision of the Building Inspector made in his administration of this Article, may appeal to Board of Airport Hazard Adjustment.

2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Airport Hazard Adjustment, by filing with the Building Inspector a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board of Airport Hazard Adjustment all the papers constituting the record upon which the action appealed from was taken.

3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board of Airport Hazard Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated 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 Airport Hazard Adjustment on notice to the Building Inspector and on due cause shown.

4. The Board of Airport Hazard Adjustment 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.

5. The Board of Airport Hazard Adjustment may, in conformity with the provision of this Article, 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.
(Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTE: Amendment by Ord. No. 91-1543, adopted 12/19/91 reorganized former subsection A -E to 1-5, in subparagraph 1 changed "this" to "his" and added "Hazard Adjustment" to each subparagraph.

SEC.

3-011.00 Judicial Review


    Any person aggrieved, or any taxpayer affected, by any decision of the Board of Airport Hazard Adjustment, may appeal to the Court of proper jurisdiction as provided in LSA R.S. 2:387 of the Public Laws of proper jurisdiction. (Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

EDITORIAL NOTATION: Amendment by Ord. No. 91-1543, adopted 12/19/91 added "Hazard Adjustment".

SEC.

3-012.00 Penalties


    Each violation of this Article or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than One Hundred ($100.00) Dollars or imprisonment for not more than thirty (30) days or both; and each day a violation continues to exist shall constitute a separate offense. (Ord. No. 80-29, adopted 08/21/80; amended by Ord. No. 91-1543, adopted 12/19/91)

SEC.

3-013.00 Conflicting Regulations


    Where there exists a conflict between any of the regulations or limitations prescribed in this Article and any other regulations applicable to the same area, whether the conflict be 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. No. 80-29, adopted 08/21/80)

SEC.

3-014.00 Effective Date


    This Ordinance shall become effective thirty (30) days after the first date of publication. (Ord. No. 91-1543, adopted 12/19/91)

SEC. 3-014.01 - 3-020.99 Reserved.