ITEM 2

86

DISTRICTS 4, 5, 6,

7, AND 8

ORDINANCE G-5179 -

Z-TA-9-06 -

AIRPORT HEIGHT OVERLAY TEXT AMENDMENT

 

Application:

Z-TA-9-06

Proposal:

Amend the Phoenix City Code, Chapter 4, Aviation,

Article XIII, Airport Zoning to replace all existing text with the exception of the recently approved downtown zones

(Section 4-240). It will also establish height limits for obstacles in the vicinity of Phoenix Sky Harbor International Airport that are not covered by the existing downtown zones.

Location:

Area generally bounded on the north by Indian School Road, on the south by Baseline Road, on the west by an irregular boundary of 59th to 19th Avenues, and on the east by an irregular boundary of 48th Street to 64th Street

Applicant:

City of Phoenix Airport Zoning Commission

Staff:

Approved.

VPC Action:

Camelback East - April 1, 2008 - Approved. Vote 9-1

Central City - March 10, 2008 - Approved. Vote 9-5

Encanto - April 7, 2008 - Approved. Vote 17-0

South Mountain - March 11, 2008 - Approved. Vote 15-0

AZC Action:

May 14, 2008 - Approved. Vote 9-0

 

Proposed New City Code Amendment Language

 

ARTICLE XIII
AIRPORT ZONING*

 

Cross references: Ordinance G-4784, adopted March 15, 2006, effective April 14, 2006, incorporates TA-33-05.

 

State law references: Airport zoning, A.R.S. § 28-8461 et seq.

 

Section 4-236. Repealer; saving clause.

 

The Phoenix Sky Harbor Municipal Airport Zoning Article passed by the City Council on February 1, 1971, is hereby repealed, except for Section 4-240 Height Limitations Subsection F "Downtown Zone", which is renumbered 4-241 Zones Subsection Height Zone B "Downtown Zone". All rights or remedies of the City are expressly saved as to any and all violations of said Article. As to all violations that have accrued at the time of the effective date of this Article, the court shall have all the powers that existed prior to the effective date of this Article. All existing violations of the Phoenix Sky Harbor Municipal Airport Zoning Article which may become nonconforming uses shall be considered as violations of this Article in the same manner that they were violations of the Phoenix Sky Harbor Municipal Airport Zoning Article.

 

(Ordinance G-3106, § 2)

 

Section 4-237. Short title.

 

This may be cited as "The City of Phoenix Airport Height Zoning Article."

 

(Ordinance G-3106, § 2)

 

Section 4-238. Applicability and Scope.

 

This article does not give any person any entitlement or right to heights higher than the heights in the City of Phoenix Zoning Ordinance or different than any applicable overlays or other zoning requirements. This Article does not alter or modify in any way the City of Phoenix Zoning Ordinance or any of the other processes or requirements set forth in the Phoenix City Code.

 

Section 4-239. Airport Zoning Commission.

 

A.

Creation; composition; terms of members; vacancies; compensation of members. There is hereby created an Airport Zoning Commission. The City's Planning Commission is appointed as the Airport Zoning Commission. The members of the Commission shall serve without compensation.

 

 

B.

Powers and duties; regulations. It shall be the duty of the Commission to hold public hearings when necessary and make recommendations to the City Council on all airport matters relating to the creation of the various zones and their boundaries, the appropriate height regulations and restrictions to be enforced, amendments to this Article, and any other zoning matter within the scope of the police power pertaining to the airports under the ownership of control of the City. The Commission is authorized to confer and advise with other City, County, Regional, or State planning commissions with regard to airport zoning matters.

 

(Ordinance G-3106, § 2; Ordinance G-4784, TA-33-05, § 1, adopted March 15, 2006, effective April 14, 2006).

 

Cross references: Administration, Chapter 2.

 

Section 4-240. Definitions.

 

As used in this Article, unless the context otherwise requires:

 

1.

"Airport" means Phoenix Sky Harbor International Airport, as the context requires, and any area of land or water designed and used for the landing and takeoff of aircraft, and utilized or designated to be utilized by the public for those purposes.

 

 

 

2.

"Airport Board of Adjustment" or "Board" means the Board created by this Article. The Board will hear appeals when there is alleged error in any order, requirement, or decision made by the Aviation Director in the enforcement of this Article, and grant variances in accordance with the terms of this Article.

 

 

3.

"Airport Elevation" means the highest point of an airport's usable landing area measured in feet from Mean Sea Level.

 

 

4.

"Airport Hazard" means any temporary or permanent obstacle, structure, object, tree, or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or takeoff, or which is determined by the Federal Aviation Administration to be a hazard to air navigation.

 

 

5.

"Airport Zoning Commission" or "Commission" means the Commission created pursuant to A.R.S. Section 28-8467 and by this Article, which will recommend the boundaries of the various zones to be established and the regulations to be adopted and perform other duties required by law.

 

 

6.

"Airport Zoning Map" means those maps that have been, or may hereafter, be published to show the various surface areas and vertical zones within which may exist airport hazards for each of the airports under the jurisdiction of the City.

 

 

7.

"Height". For the purpose of determining the height limits in all zones established in this Article and shown on the Airport Zoning Maps, the datum shall be Mean Sea Level elevation unless otherwise specified.

 

 

8.

"MSL" Mean Sea Level. Elevation (on the ground) or altitude (in the air) of any object, relative to the average sea level datum.

 

 

9.

"Nonconforming Use" means any permanent obstacle, structure, tree, or use of land lawfully existing as of the effective date of this Article, which does not conform to a regulation prescribed in this Article or an amendment thereto, as of the effective date of such regulation.

 

 

10.

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

 

 

11.

"Runway". A strip of land on an airport, on which aircraft can take off and land. Runways may be a man-made surface (often asphalt, concrete, or a mixture of both) or a natural surface (grass, dirt, or gravel).

 

 

 

12.

"Structure" means an object, either temporary or permanent, constructed or installed by a person, including, without limitation, buildings, towers, cranes, derricks, smokestacks, and overhead transmission lines.

 

 

13.

"Maximum Building Height". Maximum building height includes all rooftop appurtenances, obstruction lights, lightning arresting devices, etc. as shown below. Height elevations are above Mean Sea Level (NAVD 88).

 

 

 

 

 

14.

"Obstacle". Any structure, growth, or other object, including a mobile object.

 

 

(Ordinance G-3106, § 2; Ordinance G-4784, TA-33-05, § 2, adopted March 15, 2006, effective April 14, 2006)

 

Cross references: Definitions and rules of construction generally, § 1-2.

 

State law references: Similar provisions, A.R.S. § 28-8461.

 

Section 4-241. Zones.

 

For the purposes of establishing acceptable heights of obstacles around Phoenix Sky Harbor International Airport, the following six Height Zones (A through F) have been designated.

 

The intent of this Article is to provide clear direction for calculating the Airport height restrictions within the City. Beyond the City limits, the Article serves as a guidance document to notify surrounding cities and towns of critical heights with regards to safety, efficiency, and capacity at Phoenix Sky Harbor International Airport.

 

This zoning Article does not replace any formal federal or state review process of a specific project. Requests for building permits must include building coordinates and a Federal Aviation Administration determination letter if required per Federal Aviation Regulations Part 77.13. The findings of the Federal Aviation Administration are separate from the analyses performed to determine the Height Zones set forth in this section. A "Determination of No Hazard" from the Federal Aviation Administration does not necessarily mean it complies with the Height Zones described below.

 

A.

Height Zone A - Airport Property.

 

 

 

 

1.

Area Definition: Any parcel or land tract designated by the City as Phoenix Sky Harbor International Airport.

 

 

 

 

2.

Airport Height Restriction: All proposals for new construction or alterations of existing obstacles are subject to additional analysis by the Federal Aviation Administration and the City Aviation Department.

 

 

 

B.

Height Zone B - Downtown Zone.

 

 

 

 

The Downtown Zone shall be subdivided into fifteen contour areas as shown in the attached Downtown Zone Map.

 

 

1.

No structure is permitted within the Downtown Zone that is of a greater height than the height provided in the Downtown Zone Map.

 

 

 

 

2.

Each subdivided contour area within the Downtown Zone is defined below providing the maximum elevation above Mean Sea Level (MSL) for the development of structures or other objects. Boundary-defining coordinates are provided to precisely determine boundaries of each subdivided contour area within the Downtown Zone. All heights are given in North American Vertical Datum of 1988 (NAVD 88), and all coordinates are given in North American Horizontal Datum of 1983 (NAD 83).

 

 

 

 

3.

Maximum building height includes all structures as shown below.

 

 

 

 

 

AREA 1:

1,275 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 40.69220

112 04 06.65491

 

33 26 40.63130

112 03 53.94980

 

33 26 31.51253

112 04 06.66181

 

33 26 31.51430

112 03 54.39358

 

AREA 2:

1,300 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 41.63685

112 04 25.09522

 

33 26 40.10488

112 04 09.37186

 

33 26 40.10839

112 04 07.89649

 

33 26 40.69806

112 04 07.88019

 

33 26 40.69220

112 04 06.65491

 

33 26 31.51253

112 04 06.66181

 

33 26 31.50924

112 04 25.10223

 

AREA 3A:

1,325 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 43.43276

112 04 43.53509

 

33 26 41.63685

112 04 25.09522

 

33 26 31.50924

112 04 25.10223

 

33 26 31.50519

112 04 43.54265

 

AREA 4A:

1,350 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 44.81566

112 04 57.73970

 

33 26 43.43276

112 04 43.53509

 

33 26 31.50519

112 04 43.54265

 

33 26 26.73561

112 04 57.73617

 

AREA 3B:

1,325 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 45.24463

112 04 11.14274

 

33 26 43.39527

112 03 53.58613

 

33 26 40.63130

112 03 53.94980

 

33 26 40.69220

112 04 06.65491

 

33 26 40.69806

112 04 07.88019

 

33 26 40.10839

112 04 07.89649

 

33 26 40.10488

112 04 09.37186

 

33 26 40.27770

112 04 11.14526

 

AREA 4B:

1,350 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 47.18638

112 04 29.58385

 

33 26 45.24463

112 04 11.14274

 

33 26 40.27770

112 04 11.14526

 

33 26 42.07419

112 04 29.58498

 

AREA 5:

1,375 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 49.01344

112 04 46.94250

 

33 26 47.18638

112 04 29.58385

 

33 26 42.07419

112 04 29.58498

 

33 26 43.86992

112 04 48.02490

 

AREA 6:

1,400 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 26 50.14964

112 04 57.74074

 

33 26 49.12737

112 04 48.02519

 

33 26 43.86992

112 04 48.02490

 

33 26 44.81566

112 04 57.73970

 

AREA 7:

1,500 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 16.55968

112 03 59.13861

 

33 27 16.54884

112 03 54.09829

 

33 26 43.39527

112 03 53.58613

 

33 26 43.98269

112 03 59.16201

 

AREA 8:

1,525 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 16.57671

112 04 07.10601

 

33 27 16.55968

112 03 59.13861

 

33 26 43.98269

112 03 59.16201

 

33 26 44.82151

112 04 07.12532

 

AREA 9:

1,550 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 16.59360

112 04 15.07340

 

33 27 16.57671

112 04 07.10601

 

33 26 44.82151

112 04 07.12532

 

33 26 45.66018

112 04 15.08867

 

 

AREA 10:

1,575 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 16.61034

112 04 23.04080

 

33 27 16.59360

112 04 15.07340

 

33 26 45.66018

112 04 15.08867

 

33 26 46.49871

112 04 23.05206

 

AREA 11:

1,600 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 17.24395

112 04 31.00778

 

33 27 17.23416

112 04 26.26505

 

33 27 16.61492

112 04 25.23106

 

33 27 16.61034

112 04 23.04080

 

33 26 46.49871

112 04 23.05206

 

33 26 47.33709

112 04 31.01550

 

AREA 12:

1,625 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 17.26029

112 04 38.97519

 

33 27 17.24395

112 04 31.00778

 

33 26 47.33709

112 04 31.01550

 

33 26 48.17534

112 04 38.97898

 

AREA 13:

1,650 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 17.27648

112 04 46.94260

 

33 27 17.26029

112 04 38.97519

 

33 26 48.17534

112 04 38.97898

 

33 26 49.01344

112 04 46.94250

 

AREA 14:

1,675 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 17.29253

112 04 54.91001

 

33 27 17.27648

112 04 46.94260

 

33 26 49.01344

112 04 46.94250

 

33 26 49.85140

112 04 54.90606

 

 

AREA 15:

1,700 FEET MSL WITHIN THE COORDINATES:

 

Latitude

Longitude

 

33 27 17.29821

112 04 57.74605

 

33 27 17.29253

112 04 54.91001

 

33 26 49.85140

112 04 54.90606

 

33 26 50.14964

112 04 57.74074

 

Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. Any tree or structure which may be erected, or caused to be erected, by the City of Phoenix for public purposes, is hereby exempted from the height limitations of this ordinance.

 

(Ordinance G-3106, § 2; Ordinance G-4784, TA-33-05, § 4, adopted March 15, 2006, effective April 14, 2006)

 

C.

Height Zone C - Aircraft Approach and Departure Zone.

 

 

 

 

1.

Area Definition: The area used by aircraft for final descent during the approach phase of flight and initial climb during the departure phase of flight. For the purposes of this Article, Height Zone C is bound to the east by the Height Zone C Baseline as described below. The northern edge of Height Zone C originates at Point 'A' as defined in this section and splays at a ratio of 8 to 1 from the extended centerline of Runway 8/26 as shown on Sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 8/26. From there, the northern edge of Height Zone C runs parallel with the extended centerline of Runway 8/26 to a point where the elevation of Height Zone C reaches 1,875 feet above Mean Sea Level.

 

 

 

 

 

The southern edge of Height Zone C originates at Point 'B' as defined in this section and splays at a ratio of 8 to 1 from the extended centerline of Runway 7R/25L as shown on Sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 7R/25L. From there, the southern edge of Height Zone C runs parallel with the extended centerline of Runway 7R/25L to a point where the elevation of Height Zone C reaches 1,875 feet above Mean Sea Level.

 

 

 

 

2.

Airport Height Restriction: No obstacle may exceed above a sloping surface originating at the Height Zone C Baseline as defined in this section. This surface originates at the elevation of the Height Zone C Baseline and extends upward parallel with the extended centerline of Runway 8/26 at a slope of 62.5 to 1 (62.5 feet horizontally for every one foot vertically) to a point where the surface reaches an elevation of 1,875 feet above Mean Sea Level.

 

 

 

 

3.

Height Zone C Baseline: A baseline established for the purposes of defining airport height restrictions in Height Zone C. The baseline is a straight line between the two coordinates and elevations listed below, as shown on Sheet 2 of 3.

 

 

 

POINT 'A'

POINT 'B'

Latitude:

N 33º 26' 30.07"

N 33º 25' 39.91"

Longitude:

W 112º 01' 47.25"

W 112º 01' 47.31"

Elevation:

1,111' MSL

1,111' MSL

 

 

 

D.

Height Zone D - Aircraft Approach and Departure Zone.

 

 

 

 

1.

Area Definition: The area used by aircraft for final descent during the approach phase of flight and initial climb during the departure phase of flight. For the purposes of this Article, Height Zone D is bound to the west by the Height Zone D Baseline as described below. The northern edge of Height Zone D originates at Point 'C' as defined in this section and splays at a ratio of 8 to 1 from the extended centerline of Runway 8/26 as shown on Sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 8/26. From there, the northern edge of Height Zone D runs parallel with the extended centerline of Runway 8/26 to a point where the elevation of Height Zone D reaches 1,875 feet above Mean Sea Level.

 

 

 

 

 

The southern edge of Height Zone D originates at Point 'D' as defined in this section and splays at a ratio of 8 to 1 from the extended centerline of Runway 7R/25L as shown on Sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 7R/25L. From there, the southern edge of Height Zone D runs parallel with the extended centerline of Runway 7R/25L to a point where the elevation of Height Zone D reaches 1,875 feet above Mean Sea Level.

 

 

 

 

2.

Airport Height Restriction: No obstacle may exceed above a sloping surface originating at the Height Zone D Baseline as defined in this section. This surface originates at the elevation of the Height Zone D Baseline and extends upward parallel with the extended centerline of Runway 8/26 at a slope of 62.5 to 1 (62.5 feet horizontally for every one foot vertically) to a point where the surface reaches an elevation of 1,875 feet above Mean Sea Level.

 

 

 

 

 

3.

Height Zone D Baseline: A baseline established for the purposes of defining airport height restrictions in Height Zone D. The baseline is a straight line between the two coordinates and elevations listed below, as shown on Sheet 2 of 3.

 

 

 

POINT 'C'

POINT 'D'

Latitude:

N 33º 26' 29.93"

N 33º 25' 37.31"

Longitude:

W 111º 59' 31.68"

W 111º 59' 31.77"

Elevation:

1,135' MSL

1,135' MSL

 

 

E.

Height Zone E - Aircraft Maneuvering Zone.

 

 

 

 

1.

Area Definition: The area used by aircraft maneuvering in the vicinity of Phoenix Sky Harbor International Airport. For the purposes of this Article, Height Zone E is bound by the limits shown on the attached Zone Boundaries Map (Sheet 2 of 3).

 

 

 

 

2.

Airport Height Restriction: No obstacle may exceed above a sloping surface originating at the Height Zone E Baseline as defined in this section. This surface originates at the elevation of the Height Zone E Baseline and extends upward and outward at a slope of 30 to 1 (30 feet horizontally for every one foot vertically) to a point where the surface reaches an elevation of 1,875 feet above Mean Sea Level.

 

 

 

 

3.

Height Zone E Baseline: A baseline established for the purposes of defining airport height restrictions in Height Zone E. The baseline is a straight, sloping line between the two coordinates and elevations listed below, as shown on Sheet 2 of 3.

 

 

 

POINT 'E'

POINT 'F'

Latitude:

N 33º 26' 05.50"

N 33º 26' 05.39"

Longitude:

W 112º 01' 47.27"

W 111º 59' 31.77"

Elevation:

1,111' MSL

1,135' MSL

 

 

F.

Height Zone F - Aircraft Enroute Zone.

 

 

 

 

1.

Area Definition: The remaining area within the City limits beyond the limits of those areas defined above by Zones A-E and shown on the attached Zone Boundaries Map (Sheet 1 of 3).

 

 

 

 

2.

Airport Height Restriction: The Federal Aviation Administration's Obstacle Evaluation process governs the airport height restriction in this area. If required to file a Federal Aviation Administration Form 7460-1 as per Part 77.13 of Title 14 of the Code of Federal Regulations, no permit shall be issued unless and until a Determination of No Hazard has been issued by the Federal Aviation Administration.

 

 

 

Section 4-242. Airport 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 that will create electrical interference with navigational signals or radio communication between an airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using an airport, impair visibility in the vicinity of an airport, wildlife hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use an airport.

 

 

 

(Ordinance G-3106, § 2)

 

 

 

Section 4-243. Nonconforming uses.

 

 

 

This Article is not retroactive. The regulations prescribed in this Article shall not be construed to require the removal, lowering, or other changes to or alteration of any structure not conforming to the regulations as of the effective date of this Article, or otherwise interfere with the continuance of any nonconforming use.

 

 

 

(Ordinance G-3106, § 2)

 

 

 

Section 4-244. Enforcement.

 

 

 

A.

Zoning Administrator. It shall be the duty of the Zoning Administrator, or their designee, to administer and enforce this Article with such duties and powers granted to them through the City of Phoenix Zoning Ordinance. A building permit shall not be issued by the City for any building or obstacle which does not comply with this Article unless a variance is first obtained. Applications for variances from this Article shall be made on a form available in the office of the Zoning Administrator, and shall be transmitted to the Airport Board of Adjustment for hearing and decision.

 

 

 

B.

Variances. Any person aggrieved by a decision or interpretation of the Zoning Administrator in enforcing this ordinance, may appeal that decision or interpretation to the Board.

 

 

 

 

(Ordinance G-3106, § 2)

 

 

 

Section 4-245. Airport Board of Adjustment.

 

 

 

A.

Creation; composition; terms of members; vacancies; compensation of members. There is hereby created an Airport Board of Adjustment to be known as "The Airport Board of Adjustment" or "Board."

 

 

 

 

●

The Board shall be composed of five members who shall be residents of Phoenix and who shall serve without pay. Members shall be appointed by the City Council of Phoenix. Each appointment shall be for a term of three years, except that in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term.

 

 

 

 

●

The Board shall elect a chair and a vice-chair from among the members appointed by the City Council. The chair and vice-chair shall have power to administer oaths and take evidence.

 

 

 

 

●

The Board may adopt rules and procedures in keeping with the provisions and intent of this Article as are necessary to the conduct of its business. Such rules and procedures, together with the provisions of this Article, may be subject to continuing study to ensure that the interests of both the City and its citizens are being served.

 

 

 

 

●

Meetings of the Board shall be open to the public. The minutes of its proceedings, showing the vote of each member and records of its examinations and other official actions, shall be kept and filed in the Office of the City Clerk as a public record.

 

 

 

B.

Powers and duties; regulations.