§ 411. Findings, purpose and intent.

(a)

Findings. The Board of Commissioners of Jackson County finds that certain hazards to air navigation, as defined, in effect reduce the size of the area available for landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Jackson County Airport and the public investment therein. The creation or establishment of a hazard to air navigation, as defined, is a public nuisance and may injure the region served by the Jackson County Airport. It is necessary in the interest of public health, public safety and general welfare that the creation or establishment of hazards to air navigation, as defined, be prevented. The prevention of hazards to air navigation, as defined, should be accomplished, to the extent legally possible, by the exercise of police power without compensation. It is also in the public interest to require the marking and lighting of existing hazards to air navigation, as defined.

(b)

Purpose. This division regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate airport zones, establishes the boundaries thereof and provides for changes in the restrictions and boundaries of such zones via a variance process, and creates a permitting process for uses within said airport zones.

(c)

Intentions. It is the intent of the board of commissioners to protect the airspace above and around Jackson County Airport from objects that pose an obstruction or hazard to air navigation at Jackson County Airport. This overlay district is intended to be established to meet the requirements of United States Code of Federal Regulations, title 14: Aeronautics and Space, chapter I—Federal Aviation Administration, Department of Transportation, subchapter E—Airspace, part 77—Safe, Efficient Use, and Preservation of the Navigable Airspace (hereafter, "Part 77"), including but not limited to subpart C—Standards for Determining Obstructions to Air Navigation.

(Ord. No. 17-003 , § 1, 10-2-2017)