The following sections in red are amendments to Article 3, section 303 of the Perkins County Zoning Regulations, which contain the definitions that define words used in the Zoning Resolution. All sections below are new, except for the words appearing in black.

303.04-A AIRCRAFT, SMALL shall mean aircraft of 12,500 pounds or less, maximum certified takeoff weight.

303.04-B AIRPORT, PRIVATE[C1] shall mean a privately owned parcel of land or area used for the taking off and landing of small aircraft and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie-down areas, and may or not be registered with the Nebraska Department of Aeronautics and/or Federal Aviation Administration.

303.04-C AIRPORT, PUBLIC shall mean any publicly or privately owned airport licensed by the State of Nebraska operated as a public airport or area which is used or is intended to be used for the general flying public for taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie-down areas. Such public airports, including the Grant Municipal Airport, have in place an airport approach overlay district to prevent interference of objects, structures and uses with the safe and efficient operation of the airport.

303.04-D AIRPORT APPROACH OVERLAY DISTRICT consists of Operation Zones, Approach Zones, Turning Zones and Transition Zones. The outer boundary of the Hazard Zone is composed of a series of connected tangents and simple curves that also constitute the outer boundaries of the Approach and Turning Zones. Such zone with regulatory provisions is placed around public airports up to three statute miles in any direction adjacent to the boundary of the airport to protect the area from conflicting[C2] airspace usage and prevent the interference of objects and other uses with the safe and efficient operation of the airport.

303.25B DEPARTMENT OF AERONAUTICS shall mean the Nebraska Department of Aeronautics having divisions in engineering, navigational aids, and operations.

303.66[C3] PRIMARY DWELLING- Any single-family dwelling on a tract or lot.

303.67 PRINCIPAL BUILDING: A building in which the principal use on the lot is situated.

~~303.67~~ ~~PRIVATE AIRPORT / AIRSTRIP:~~ ~~A privately owned parcel of land used for take-off and~~ ~~landing of small aircraft which is duly registered with the Nebraska Department of Aeronautics.~~

303.74A RUNWAY: A defined area on an airport prepared for landing and take-off of aircraft along its length.

303.74B RUNWAY, LARGER THAN UTILITY: A runway that is constructed for and intended to be used by aircraft of greater than 12,500 pounds maximum gross weight.

303.74C RUNWAY, UTILITY: A runway that is constructed for and intended to be used for aircraft of 12,500 pounds maximum gross weight or less.

The following sections amend parts of Article 5, Section 501.05, which is the section dealing with Conditional Uses in the General Agricultural District. The General Ag District encompasses most of the Ag land not surrounding the cities and villages of Perkins County, and is shown in white on the Perkins County Zoning map.

5. Private airports, provided such airports are not located in the Airport Approach Overlay District extending around the Grant Municipal Airport and runway(s) or the designated Approach Overlay of any other established public airport; and including, but not limited to, the following conditions:

a. Such airports shall obtain a “No Hazard Determination” from the Federal Aviation Administration and shall abide by all conditions set by the FAA in that determination. Any conditions or objections noted in the document may form the basis for denial of the Conditional Use[C4] .

b. Such airports shall be separated or oriented from other registered or non- registered private airports without approach overlays in a manner to provide safe operation.

c. Such airports shall not be so located as to prohibit federal funding for the location, expansion or improvements of public airports[C5] .

d. All runways shall be situated in such a manner that under no circumstances shall an approach or departure be over a residence, church, school, or places of public assembly, excluding the owners, provided that the residence, church, school or place of public assembly be located a minimum of 2,000 feet beyond the end or side of the required runway length[C6] .

17. Public airports, provided such airports are not located in an Airport [SL7] Approach Overlay District of any other established public or private airport. In addition, such airports [C8] shall be separated or oriented from any registered or non-registered private airports or airstrips without approach overlays in a manner to provide safe operation.

The following sections amend parts of Article 5, Section 502.05, which is the Section dealing with Conditional Uses in the Transitional Agricultural District. The Transitional Agricultural District encompasses the land surrounding the cities and villages in Perkins County, and is shown on the Perkins County Zoning map as the green areas.

8. Public airports, provided such airports are not located in an Airport Approach[SL9] Overlay District of any other established public airport. In addition, such airports shall be[C10] separated or oriented from any registered or non-registered private airports without approach overlays in a manner to provide safe operation.

9. Private airports, provided such airports are located at least ½ mile (2,640 feet) from a community’s extraterritorial zoning jurisdiction and are not located in the Airport Approach Overlay District extending around the Grant Municipal Airport and runway(s) or the designated Approach Overlay of any other established public airport; and including, but not limited to, the following conditions:

b. Such airports shall be separated or oriented from other registered or non- registered private airports without approach overlays in a manner to provide safe operation.

c. Such airports shall not be so located as to prohibit federal funding for the location, expansion or improvements of public airports.

The following sections amend parts of section 503, which is the Airport Approach District regulations, these provisions regulate the area surrounding the Grant Municipal Airport, indicated on the Perkins County Zoning Map by the diagonal lines. Again, the text appearing in black does not change.

SECTION 503 AA AIRPORT APPROACH OVERLAY DISTRICT[C14]

503.01 INTENT: The intent of this district is that it is to be appended and to overlay any of the primary zoning districts as described in Sections 501 and 502 of this Resolution to protect the safe use of public airports in the County by limiting the location and height of structures and conflicting uses within the operation, approach, transition and turning zones around airports which are registered with the Nebraska Department of Aeronautics, as designated on the Official Zoning Map of Perkins County, Nebraska. Such airport approach overlay district shall include an area three statute miles in any direction adjacent to the boundary of the Grant Municipal Airport and areas designated around other public airports in the county.

503.02 ZONE DESCRIPTIONS[C15] : The various areas around an airport are indicated in the official Grant Municipal Airport Zoning Map, dated 3/18/08, and as amended from time to time and[SL16] described as follows[C17] :

503.05 PROHIBITED USES AND STRUCTURES: All other uses and structures which are not permitted in the primary zoning district either as a permitted use, accessory use or conditional use where this district is overlain are prohibited, including all private airports.

503.06 HEIGHT RESTRICTIONS: No building, transmission line, communications line, pole, tree, smoke-stack, chimney, wires, tower, or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, or established, nor shall any tree or other object of natural growth be allowed to grow:

[C1]The Regulation Committee feels that the zoning map needs revised to take off the current AA zones surrounding the private airstrips in Perkins County, because it will limit wind tower development. Karl Elmshaeuser also said it would present a liability to the County.

[C2]At the January 11^th meeting, it was brought out that “statute” miles needed specified, also, that it was 3 miles from the property boundary of the airport, and not just the end of the runway.

[C3]These were re-numbered since “private airport/airstrip” was moved to “airport/airstrip, private”.

[C4]The underlined sentence under “a” was added after obtaining information from Deb Barkley about Blout County, KY. This is one of their requirements for their regulations. The Board may want to look at changing the word “shall” to “may”.

[C5]Rick Roberts asked if we need to add the condition that any airstrip needs prior approval from the Airport Zoning Board.

[C6]“E” was added after the January 11^th meeting and the Board felt we needed a specific setback from other residences, etc. Deb Barkley provided information from Blout County, KY. Where we obtained these setbacks. 2,000 feet is a little over a 1/3 of a mile, or 666 yards. ( .3787 of a mile)

[SL7]The word “airstrip” was decided to be removed at the 2/9/10 meeting.

[C8]Rick Roberts suggested changing “should” to “shall”. The word “should” is more permissive, and the word “shall” is more concrete.

[SL9]The word “airstrip” was decided to be deleted at the 2/9/10 meeting.

[C10]The Planning Commission Regulation committee took the advice of Rick Roberts by changing this from “should” to “shall”.

[C11]This last sentence under “a” came from the regulations Blout County, KY formed. The board may want to consider changing “shall” to “may”.

[C12]“E” was added after the January 11^th meeting and the Board felt we needed a specific setback from other residences, etc. Deb Barkley provided information from Blout County, KY. Where we obtained these setbacks. Adding this setback in the TA district would restrict an airport to the outer boundaries of the TA district. 2,000 feet is a little over 1/3 of a mile, or 666 yards.

[C13]Rick Roberts asked if we need to add the condition that any airstrip needs prior approval from the Airport Zoning Board.

[C14]If we eliminate protection around private runways that currently exists, this section of the Zoning Regulations would only apply to the Grant Airport.

[C15]Should the Zones described be moved to the definitions section? Rick Roberts feels they should be. Also, this whole section needs revised since no one can accurately interpret the zones. Plus, these zones are referred to in the definitions under the word airport/airstrip zone in the definition section.

[SL16]The official zoning map for the Grant Municipal Airport was referenced to for clarification of the zones. This amendment took place at the 2/9/10 meeting.

[C17]Karl Elmshaeuser has shown us where these “zones” are. They appear on the Airport Layout Plan of the Grant Municipal Airport. Cathy Harden has given us a copy of the ALP. By the way, the County has become a member of the WCNDD, of which Karl is CEO. We will be able to hire Karl’s expertise to help us in the area of understanding airport regulations.