ORDINANCE CALENDAR NO. 2742 ORDINANCE COUNCIL SERIES NO.
WHEREAS, the St. Tammany Parish Government finding that in the interest of the public health,
public safety, and general welfare it is necessary to prevent airport hazards to the extent legally possible
within the authority of its police power as the governing authority of St. Tammany Parish,
THE PARISH OF ST. TAMMANY HEREBY ORDAINS that the St. Tammany Parish Land Use
Ordinance, Ordinance No. 523 be amended as follows:
Add a new section:
Section 2.24 - Slidell Airport Hazard Zoning Overlay District
(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.
2.2406 Use Restrictions
2.2407 Nonconforming Uses
(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.
ORDINANCE CALENDAR NUMBER: 2742
(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 Council 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.
REPEAL: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SEVERABILITY: If any provision of this Ordinance shall be held to be invalid, such invalidity
shall not affect other provisions herein which can be given effect without the invalid provision and to this
end the provisions of this Ordinance are hereby declared to be severable.
EFFECTIVE DATE: This Ordinance shall become effective fifteen (15) days after adoption.
MOVED FOR ADOPTION BY: , SECONDED BY:
WHEREUPON THIS ORDINANCE WAS SUBMITTED TO A VOTE AND RESULTED IN
THE FOLLOWING:
YEAS:
NAYS:
ABSTAIN:
ABSENT:
THIS ORDINANCE WAS DECLARED ADOPTED AT A REGULAR MEETING OF THE
PARISH COUNCIL ON THE DAY OF 2004; AND BECOMES ORDINANCE
COUNCIL SERIES NO. 04- .
ATTEST:
Published introduction: November 26 , 2003
Delivered to Parish President: , 2004 @
COUNCIL SPONSOR BRISTER/PRESIDENT PROVIDED BY: PLANNING
INTRODUCED BY: MR. STEFANCIK SECONDED BY: MR. BAGERT
ON THE 4TH DAY OF DECEMBER , 2003
ORDINANCE TO AMEND THE ST. TAMMANY PARISH LAND USE
ORDINANCE, ORDINANCE NO. 523 TO ESTABLISH THE SLIDELL
AIRPORT HAZARD OVERLAY DISTRICT AND DESIGNATED THE
OVERLAY ON THE ZONING BASE MAPS (ZC03-11-070)
WHEREAS, the St. Tammany Parish Council deems it necessary 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 at the Slidell Airport, AND
2.24.01 Purpose
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 Government
finds that an airport hazard is a public nuisance and an injury to the region served by the Slidell Airport;
and in the interest of the public health, public safety, and general welfare, and 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 St. Tammany Parish Council 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.
2.2402 District Location
The Slidell Airport Hazard Zoning Overlay District is established as follows:
All property within 14,200 feet from the edge of the Runway Area designated on the Slidell
Airport Hazard Zoning Map consisting of 1 sheet prepared by Hamilton, Meyer, and
Associates, and dated June 23, 1980 which is attached to Ordinance No. 91-1543, adopted
12/19/91 and made apart hereof [by reference]
2.2403 Application of District Regulations
All projects located within the Slidell Airport Hazard Zoning Overlay District which exceed 20 feet in
height from grade shall be reviewed by the Board Of Airport Hazard Adjustment (the Board) for
compliance with the provisions of this overlay district.
ORDINANCE CALENDAR NUMBER: 2742
ORDINANCE COUNCIL SERIES NO. 04-
PAGE 2 OF 7
2.2404 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 Ordinance 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.
2.2405 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.
ORDINANCE CALENDAR NUMBER: 2742
ORDINANCE COUNCIL SERIES NO. 04-
PAGE 3 OF 7
(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.
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)
(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.
2.2408 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.
ORDINANCE CALENDAR NUMBER: 2742
ORDINANCE COUNCIL SERIES NO. 04-
PAGE 4 OF 7
(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)
2.2409 Enforcement
It shall be the duty of the Department of Planning to hold the building permit for and notify the Board of
Airport Hazard Adjustment of any structure that is proposed to be more than 20 feet in height. The board
shall examine the details of the proposal and issue a position of objection or no objections to the
construction within ____ days of request.
2.2410 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 provi sions
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)
ORDINANCE CALENDAR NUMBER: 2742
ORDINANCE COUNCIL SERIES NO. 04-
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2.2411 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)
2.2412 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)
2.2413 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)
2.2414 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 air craft.
(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.
ORDINANCE COUNCIL SERIES NO. 04-
PAGE 6 OF 7
BE IT FURTHER ORDAINED THAT THE ZONING BASE MAPS BE AMENDED to delineate the
Overlay District to be all property within 14,200 feet from the edge of the Runway Area designated on the
Slidell Airport Hazard Zoning Map consisting of 1 sheet prepared by Hamilton, Meyer, and Associates,
and dated June 23, 1980 which is attached to Ordinance No. 91-1543, adopted 12/19/91 and made apart
hereof [by reference]
ORDINANCE CALENDAR NUMBER: 2742
ORDINANCE COUNCIL SERIES NO. 04-
PAGE 7 OF 7
PATRICIA BRISTER, COUNCIL CHAIRMAN
DIANE HUESCHEN, COUNCIL CLERK
KEVIN DAVIS, PARISH PRESIDENT
Published adoption on: , 2004
Returned to Council Clerk: , 2004 @