Fremont Community Joint Zoning Ordinance

Table of Contents

Chapter 7: Other Districts

Article 4: Airport Overlay District (O-AO)

Type of District: Overlay

Section 7-4.01: Purpose

For the purposes of this Ordinance, the Airport Overlay District establishes airport zoning regulations restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the City of Fremont Airport; providing for the allowance of variances from such regulations; and designating the Zoning Administrator as charged with the administration and enforcement of such regulations based on the recommendation of the Airport Authority.

Pursuant to the authority conferred by the provisions of the Airport Zoning Act, being Act No. 23 of the Public Acts of the State of Michigan for the year 1950 (Extra Session), and for the purpose of promoting the health, safety, and general welfare of the inhabitants of the Fremont Community this district is created to prevent the establishment of airport hazards in order to protect the general public, users of the Fremont Municipal Airport, occupants of land in its vicinity, and the public investment within the utility airport.

Section 7-4.02: Applicability

The Airport Overlay District hereby establishes regulations on land within one-half (1/2) mile of the Fremont Municipal Airport and for all structures in excess of thirty-five (35) feet within Sheridan Charter Township. This Ordinance establishes an air dome with a height limitation of less than thirty-five (35) feet above the ground at some locations in the approaches to the runways immediately adjacent to the airport. The height limitations of this Ordinance become less severe as the distance from the Airport is increased.

Section 7-4.03: Hazards

  1. An Airport Approach Hazard Area (AAHA) is established, which area or zone consists of all the lands within Sheridan Charter Township lying beneath the approach at a 20 (twenty) degree horizontal angle left and right from the center of the runway(s) and from a vertical slope of twenty to one (20:1) within the overlay.
  2. Structures and trees which project above the height limitations of the AAHA are considered dangerous to flying and endanger lives and property. The prescribed height limits are administered by the Fremont Airport Authority. They are not arbitrarily set but are based on past experience and studies made by the Michigan Aeronautics Commission and by the Federal Aviation Administration. Height limits are based upon the established elevation of the Airport or upon the elevation of the end of the nearest runway.
  3. No person may erect or maintain any structure to a height in excess of the limitations prescribed by the terms of this Article or plant or allow any tree to grow to a height in excess of the limitations prescribed by the terms of this Ordinance and the attached maps; or establish any use of lands contrary to the provisions of this Article.
  4. New construction and construction increasing the height of existing structures, within the AAHA, must conform to the provisions on height limitations. This Article also restricts such uses of land within the vicinity of the airport as will unreasonably interfere with radio communication systems, navigational aids or other devices used by the airport and aircraft or which would reduce visibility, create confusing lights, or would be subject to undesirable effects that may be caused by the operation of aircraft.

Section 7-4.04: Unlawful Land Uses

Notwithstanding any other provisions of this Ordinance, no person may use any lands within the AAHA in any fashion or manner which:

  1. Would create electrical interference with radio communications between the airport and aircraft or create interference with navigational aids employed by aircraft;
  2. Would make it difficult for fliers to distinguish between airport lights and others or result in glare to the eyes of fliers using the airport;
  3. Would create air pollution, steam or other vapors in such amounts as to impair the visibility of fliers in the use of the airport;
  4. Would locate or permit the operation of a dump, waste disposal site, sanitary landfill, hazardous waste facility, solid waste transfer station, or recycling facility within ten-thousand (10,000) feet of any runway at the Airport, unless the construction, location, and operation of the site is approved or authorized by the Federal Aviation Administration as not being in violation of its orders, rules or regulations applicable to the airport, or unless a waiver is issued by the Federal Aviation Administration;
  5. Would otherwise endanger the landing, taking off, or maneuvering of aircraft;
  6. Would attract birds;
  7. Would raise the descent minimums of any instrument approach procedure to the airport, or otherwise limit operations at the airport, as determined by an airspace study conducted by the Federal Aviation Administration.