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Comox Airport Zoning Regulations (SOR/80-803)

Regulations are current to 2024-03-06

Comox Airport Zoning Regulations

SOR/80-803

AERONAUTICS ACT

Registration 1980-10-20

Zoning Regulations Respecting Comox Airport

P.C. 1980-2772 1980-10-16

His Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to section 6Footnote * of the Aeronautics Act, is pleased hereby to approve the annexed Zoning Regulations respecting Comox Airport, made by the Minister of National Defence.

Short Title

 These Regulations may be cited as the Comox Airport Zoning Regulations.

Interpretation

 In these Regulations,

airport

airport means Comox Airport, near the Town of Comox, in the Province of British Columbia; (aéroport)

airport reference point

airport reference point means the point described in Part I of the schedule; (point de repère de l’aéroport)

approach surface

approach surface means an imaginary inclined plane extending upward and outward from each end of a strip along and at right angles to the projected centre line thereof, which approach surface is more particularly described in Part III of the schedule; (surface d’approche)

Minister

Minister means the Minister of National Defence; (ministre)

outer surface

outer surface means an imaginary surface located above and in the immediate vicinity of the airport, which outer surface is more particularly described in Part IV of the schedule; (surface extérieure)

strip

strip means the rectangular portion of the landing area of the airport including the runway prepared for the take-off and landing of aircraft in a particular direction, which strip is more particularly described in Part V of the schedule; (bande)

transitional surface

transitional surface means an imaginary inclined plane extending upward and outward from the lateral limits of a strip and its approach surfaces, which transitional surface is more particularly described in Part VI of the schedule. (surface de transition)

 For the purposes of these Regulations, the airport reference point is deemed to be 18.3 metres above sea level.

Application

 These Regulations apply to all lands and lands under water, including public road allowances, adjacent to or in the vicinity of the airport, the outer limits of which lands are described in Parts II and III of the schedule, other than such lands as from time to time form part of the airport.

General

 No person shall erect or construct, on any land to which these Regulations apply, any building, structure or object, or any addition to any existing building, structure or object, the highest point of which will exceed in elevation at the location of that point any of the surfaces hereinafter set out that project immediately over and above the surface of the land at that location, namely,

  • (a) the approach surfaces;

  • (b) the outer surface; or

  • (c) the transitional surface.

  • SOR/81-719, s. 1(F)

Natural Growth

 Where an object of natural growth on any land to which these Regulations apply exceeds in elevation any of the surfaces set out in paragraphs 5(a) to (c), the Minister may make a direction that the owner or occupier of the land on which that object is growing remove the excessive growth thereof.

  • SOR/81-719, s. 2(F)

Disposal of Waste

 No owner or occupier of any land to which these Regulations apply shall permit such land or any part thereof to be used for the disposal or accumulation thereon of any waste, material or substance edible by or attractive to birds.

SCHEDULE(ss. 2 and 4)

PART IDescription of Airport Reference Point

Comox Airport

Being a point distant 348.121 metres measured southwesterly and at right angles to the centre line of runway 11-29 from a point thereon distant 612.078 metres measured southeasterly along the said centre line from its intersection with the centre line of runway 18-36.

PART IIDescription of Outer Limits of Land

All that land and land under water contained within the following described boundary:

Commencing at a point on the high water mark of the strait of Georgia distant four thousand (4 000) metres on a bearing of 318°30′53″ from the western end of the centre line of runway 11, thence northeasterly on a curve to the right of radius four thousand (4 000) metres a distance of three thousand two hundred and sixty-four (3 264) metres to a point of tangency, thence 95°16′05″ and parallel to and perpendicularly distant four thousand (4 000) metres from a line joining the western end of the centre line of runway 11 to the northern end of the centre line of runway 18, a distance of six hundred and forty-four decimal eight one two (644.812) metres more or less to a point, said point being distant four thousand (4 000) metres on a bearing of 5°16′05″ from the northern end of the centre line of runway 18, thence southeasterly on a curve to the right of radius four thousand (4 000) metres a distance of one thousand two hundred and two decimal seven two six (1 202.726) metres more or less to an intersection with the northerly production of the centre line of the strip associated with runway 18-36, thence southerly on a curve to the right of radius four thousand (4 000) metres a distance of two thousand two hundred and forty-one decimal three nine one (2 241.391) metres to a point of tangency, thence 144°36′07″ and parallel to the perpendicularly distant four thousand (4 000) metres from a line joining the northern end of the centre line of runway 18 to the eastern end of the centre line of runway 29, a distance of two thousand five hundred and eighty-eight decimal three one zero (2 588.310) metres more or less to a point, said point being distant four thousand (4 000) metres on a bearing of 54°36′07″ from the eastern end of the centre line of runway 29, thence southeasterly, southerly and southwesterly on a curve to the right of radius four thousand (4 000) metres a distance of five thousand six hundred and thirty-eight decimal five three eight (5 638.538) metres more or less to an intersection with the easterly production of the centre line of the strip associated with runway 11-29, thence southwesterly and westerly on a curve to the right of radius four thousand (4 000) metres a distance of four thousand four hundred and sixteen decimal one eight seven (4 416.187) metres to a point of tangency, thence 288°37′31″ and parallel to and perpendicularly distant four thousand (4 000) metres from a line joining the eastern end of the centre line of runway 29 to the southern end of the centre line of runway 36 a distance of five hundred and sixty (560) metres more or less to the high water mark of the Strait of Georgia thence southwesterly and along said high water mark to the most southerly corner of Lot B, Plan 6884 of District Lot 140, thence westerly across Lot A, Plan 3364 and an unnamed road to the most southerly corner of Lot 4, Plan 14734, thence northwesterly along the southwesterly boundary of said Lot 4 to the most easterly corner of Lot 10, Plan 17307, thence southwesterly along the boundary of said Lot 10 to the most southerly corner of said Lot 10, thence northwesterly and westerly along the northeastern boundary of Yates Road to the southwest corner Lot 13, Plan 17307, thence westerly along the southerly boundary of Lot C, Plan 14981 to the southwest corner of said Lot C, thence northwesterly across Butcher Road, Lot A, Plan 410 and Stafford Street to the southeast corner of Lot 23, Plan 410, thence northerly along the easterly boundary of said Lot 23, Plan 410, to the northeast corner of said Lot 23, Plan 410, thence westerly along the southerly boundary of Holmes Street to the northwest corner of Lot 19, Plan 410, thence northwesterly across Beech Road and Lot 24, Plan 2657 to the southeast corner of Lot 6, Plan 16564, thence westerly along the southerly boundary of said Lot 6, Plan 16564 to the southwest corner of said Lot 6, Plan 16564, thence northerly along the westerly boundary of said Lot 6, Plan 16564 to the northwest corner of said Lot 6, Plan 16564, thence westerly along the southerly boundary of Docliddle Road to the northeast corner of Lot 8, Plan 5689, thence northwesterly across Docliddle Road to the southeast corner of Lot 10, Plan 5689, thence westerly along the northerly boundary of Docliddle Road to the southwest corner of Lot 16, Plan 5689, thence northerly along the westerly boundary of said Lot 16, Plan 5689 to the northwest corner of said Lot 16, Plan 5689, thence westerly across Torrence Road, Lot 20, Plan 2657 and Lot 1, Plan 3387 to the southeast corner of Lot A, Plan 16654, thence westerly along the southerly boundary of said Lot A, Plan 16654 to the southwest corner of said Lot A, Plan 16654, thence southerly along the easterly boundary of Lot B, Plan 3144 to the southeast corner of said Lot B, Plan 3144 thence northwesterly across Lot B, Plan 3144, Lots 17, 16, 15, 14, 12 and 11, all of Plan 2657, to the southeast corner of Lot A, Plan 30615, thence westerly along the southerly boundary of said Lot A, Plan 30615 to the southwest corner of said Lot A, Plan 30615 thence northerly along the westerly boundary of said Lot A, Plan 30615 to the southeast corner of amended Lot 2, Plan 10860, thence westerly along the southerly boundary of said amended Lot 2, Plan 10860 to the southwest corner of said amended Lot 2, Plan 10860, thence northerly along the westerly boundary of said amended Lot 2 of the southeast corner of Lot 1, Plan 10860, thence westerly along the southerly boundary of said Lot 1, Plan 10860 to the southwest corner of said Lot 1, Plan 10860, thence northwesterly across Stewart Street to the northeast corner of Lot 3, Plan 4215, thence westerly across Balmoral Avenue to the southeast corner of the southeasterly thirty-six decimal five seven six (36.576) metres of Lot 1, Plan 4991, thence northwesterly along the northerly boundary of Balmoral Avenue to the northwest corner of the intersection of said Balmoral Avenue and Port Augusta Street, thence northwesterly across the remainder of Lot 11, Plan 3556 and Church Street to the most southerly corner of Lot 1, Plan 5081, thence northwesterly along the northerly boundary of Queens Avenue to the southeast corner of Lot 6, Plan 7981 thence across Queens Avenue to the southeast corner of Lot 1, Plan 7221, thence northwesterly along the southerly boundary of said Lot 1, Plan 7221 to the southwest corner of said Lot 1, Plan 7221, thence northwesterly across the east half and the west half of the southerly one hundred and nine decimal four two three (109.423) metres of Lot 9, Plan 2696, to the most southerly corner of Lot 10, Plan 5626, thence northwesterly along the northern boundary of the Lane as shown on Plan 5626 to the southwest corner of Lot 5, Plan 5626 thence northerly across McLeod Street to the southeast corner of Lot 13, Plan 20443, thence westerly along the southerly boundary of said Lot 13, Plan 20443 to the southwest corner of said Lot 13, Plan 20443, thence northerly along the westerly boundary of said Lot 13, Plan 20443 to the northwest corner of said Lot 13, Plan 20443, thence westerly along the southerly boundaries of Lots 7, 8 and 9, Plan 20443 to the southwest corner of said Lot 9, Plan 20443, thence northerly along the westerly boundary of said Lot 9, Plan 20443 to the northwest corner of said Lot 9, Plan 20443, thence northwesterly across Richardson Avenue to the southwest corner of Lot C, Plan 25492 thence westerly along the northerly boundary of said Richardson Avenue to the southerly boundary of Lot A, Plan 25492, thence westerly and along said southerly boundary of Lot A, Plan 25492 to the southwest corner of said Lot A, Plan 25492, thence northerly along the westerly boundary of said Lot A, Plan 25492, to the northwest corner of said Lot A, Plan 25492, thence westerly along the southerly boundary of Lot 4, Plan 4032 to the southwest corner of said Lot 4, Plan 4032, thence northerly along the westerly boundary of said Lot 4, Plan 4032 to the northwest corner of said Lot 4, Plan 4032, thence northwesterly across Anderton Road to the southeast corner of Lot 1, Plan 20478, thence westerly along the southerly boundary of said Lot 1, Plan 20478 to the southwest corner of said Lot 1, Plan 20478, thence northwesterly across the remainder of Lot 3, Plan 8215 to the northeast corner of Lot B, Plan 24907, thence northwesterly across Robb Avenue to the southwest corner of Lot E, Plan 30168, thence northerly along the westerly boundary of said Lot E, Plan 30168 to the northwest corner of said Lot E, Plan 30168, thence westerly along the southerly boundary of Lot C, Plan 30168 to the southwest corner of said Lot C, Plan 30168, thence northerly along the westerly boundary of said Lot C, Plan 30168 to the southeast corner of Lot B, Plan 30168, thence westerly along the southerly boundaries of said Lot B, and Lot A of Plan 30168 to the southwest corner of said Lot A, Plan 30168 thence northerly along the westerly boundary of said Lot A, Plan 30168 to a point of curvature in said westerly boundary of said Lot A, Plan 30168, thence northerly across Gull Avenue to the southeast corner of Lot 5, Plan 26338, thence westerly along the northern boundary of Gull Avenue to the southwest corner of Lot 4, Plan 26338, thence northerly along the westerly boundary of said Lot 4, Plan 26338 to the northwest corner of said Lot 4, Plan 26338 thence westerly along the northerly boundaries of Lots 3, 2 and 1 of Plan 26338 to the westerly boundary of Section 1, thence northerly along said westerly boundary of Section 1 across the remainder of Lot 10, Plan 25246 and across Noel Avenue to the southerly boundary of Lot 28, Plan 28669, thence westerly, northwesterly and southwesterly along the northerly boundary of Noel Avenue to the southwest corner of Lot 27, Plan 28669, thence northerly along the westerly boundary of said Lot 27, Plan 28669 to the northwest corner of said Lot 27, Plan 28669 thence westerly along the Lot 27, Plan 28669, thence westerly along the southerly boundary of Section 65 to the northwest corner of Lot 22, Plan 28669 thence northwesterly across said Section 65 to the northwest corner of said Section 65, thence westerly along the southerly boundary of District Lot 170 to its intersection with southeastern boundary of McDonald Road, thence northerly across said McDonald Road and Lot 9, Plan 1911 to the most southerly corner of Lot 17, Plan 21400, thence northwesterly along the southwesterly boundary of said Lot 17, Plan 21400 to the most westerly corner of said Lot 17, Plan 21400 thence northwesterly across Cummings Road to the most southerly corner of Lot 2, Plan 21400, thence northeasterly along the southeasterly boundary of said Lot 2, Plan 21400 to the most easterly corner of said Lot 2, Plan 24100 thence northwesterly along the northeasterly boundary of said Lot 2, Plan 21400 to the most northerly corner of said Lot 2, Plan 21400, thence southwesterly along the southeasterly boundary of Lot B, Plan 27865 to the most southerly corner of said Lot B, Plan 27865 thence northwesterly along the southwesterly boundaries of said Lot B and Lot A, Plan 27865, thence northeasterly along the northwesterly boundary of said Lot A, Plan 27865 to the most northerly corner of said Lot A, Plan 27865, thence northeasterly across Lerwick Road to the most southerly corner of Lot 5, Plan 1911, thence northwesterly along the northeasterly boundary of Lerwick Road to the most westerly corner of Lot 1, Plan 1911, thence westerly across Dorking Road to the most southerly corner of the remainder of District Lot 157, thence northerly across said remainder of District Lot 157, to the most northerly corner of District Lot 157 thence northerly across Block 72 and Ryan Road to the most easterly corner of Lot 13, Plan 3720, thence northwesterly across Mission Road to the southeast corner of Lot 14, Plan 3720, thence northwesterly along the easterly boundary of said Lot 14, Plan 3720 to the southwest corner of District Lot 235, thence northerly along the easterly boundary of Block 71 to the northwest corner of District Lot 168, thence northeasterly across Block 71 and an unnamed road to the southeast corner of District Lot 177, thence easterly across an unnamed road and along the northerly boundary of the southwest quarter of District Lot 171 to the westerly boundary of Lot 3, Plan 30381, thence northerly along the westerly boundary of Lots 3 and 4 of Plan 30381 to the northwest corner of said Lot 4, Plan 30381, thence northerly within June Road to the southwest corner of District Lot 213, thence easterly along the southerly boundary of said District Lot 213 to the southeast corner of said District Lot 213 thence northerly along the westerly boundary of District Lot 209 to the northeasterly boundary of Waveland Road thence northeasterly across District Lot 209 to the intersection of the north boundary of said District Lot 209 with the west boundary of Hall Road thence easterly along the north boundary of said District Lot 209 to the southerly boundary of Hall Road as shown on Plan 14871, thence southeasterly and northeasterly along said southerly boundary of Hall Road to the high water mark, thence southeasterly along said high water mark to the point of commencement which boundary is shown outlined yellow on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981 and also those lands and lands underwater contained within the blue outline of said Department of National Defence Plan No. B.C. 1289 sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981 and more particularly described in Part III of the schedule, except those parts thereof contained within the yellow outline described above.

PART IIIDescription of Each Approach Surface

Being a surface abutting each end of the strip associated with runway designated as 11-29 and more particularly described as follows:

  • (a) 
    a surface abutting the end of the strip associated with runway approach 11 consisting of an inclined plane having a ratio of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an intersection with the outer surface, thence said approach surface shall be horizontal and contiguous to said outer surface to an intersection with the northwestern extremity of said outer surface, thence said approach surface shall slope upward at the above specified slope of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant fifteen thousand (15 000) metres measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand four hundred and seventy-five (2 475) metres from the projected centre line; said imaginary horizontal line being two hundred and seventy-one (271) metres, measured vertically above the assigned elevation of the airport reference point; and
  • (b) 
    a surface abutting the end of the strip associated with runway approach 29 consisting of inclined plane having a ratio of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an intersection with the outer surface, thence said approach surface shall be horizontal and contiguous to said outer surface to an intersection with the southeastern extremity of said outer surface, thence said approach surface shall slope upward at the above specified slope of one (1) metre measured vertically to fifty (50) metres measured horizontally rising to an imaginary horizontal line drawn at right angles to the projected centre line of the strip and distant fifteen thousand (15 000) metres measured horizontally from the end of the strip, the outer ends of the imaginary horizontal line being two thousand four hundred and seventy-five (2 475) metres from the projected centre line; said imaginary horizontal line being two hundred and seventy-one (271) metres, measured vertically, above the assigned elevation of the airport reference point; and

being a surface abutting each end of the strip associated with runway designated 18-36 and more particularly described as follows:

  • (c) 
    a surface abutting the end of the strip associated with runway approach 18 consisting of an inclined plane having a ratio of one (1) metre measured vertically to forty (40) metres measured horizontally rising to an intersection with the outer surface thence said approach surface shall be contiguous to said outer surface to an intersection with the northern extremity of said outer surface, said intersection being on the projected centre line of the strip and distant three thousand eight hundred and fifty (3 850) metres from the end of the strip, the outer end of said approach surface shall be an imaginary horizontal line drawn at right angles to the projected centre line of the strip, the outer ends of the imaginary horizontal line being seven hundred and twenty-seven decimal five (727.5) metres from the projected centre line, said imaginary horizontal line being forty-five (45) metres, measured vertically, above the airport reference point; and
  • (d) 
    a surface abutting the end of the strip associated with runway approach 36 consisting of an inclined plane having a ratio of one (1) metre measured vertically to twenty (20) metres measured horizontally rising to an intersection with the outer surface, thence said approach surface shall be contiguous to said outer surface to an intersection with the southern extremity of said outer surface, said intersection being on the projected centre line of the strip and distant three thousand eight hundred and fifty (3 850) metres from the end of the strip, the outer end of said approach surface shall be an imaginary horizontal line drawn at right angles to the projected centre line of the strip, the outer ends of the imaginary horizontal line being seven hundred and twenty-seven decimal five (727.5) metres from the projected centre line, said imaginary horizontal line being forty-five (45) metres above the airport reference point;

which approach surfaces are shown outlined blue on Department of National Defence Plan No. B.C. 1289 sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981.

PART IVDescription of the Outer Surface

Being an imaginary surface consisting of:

  • (a) 
    a common plane established at a constant elevation of forty-five (45) metres above the assigned elevation of the airport reference point; and
  • (b) 
    when the common plane described in paragraph (a) is less than nine (9) metres above the surface of the ground, an imaginary surface located at nine (9) metres above the surface of the ground;
  • (c) 
    except that for the purpose of protecting the approach of runway 36, the common plane in paragraph (b) shall not extend above the continuation of the inclined plane at its angle of divergence beyond the initial intersection with the outer surface,

which outer surface is shown, outlined yellow, on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981.

PART VDescription of the Strips

The strip associated with runway 11-29 is four hundred and fifty (450) metres in width, two hundred and twenty-five (225) metres being on each side of the centre line of the runway, and three thousand six hundred and forty-eight (3 648) metres in length; and

The strip associated with runway 18-36 is three hundred (300) metres in width, one hundred and fifty (150) metres being on each side of the centre line of the runway and eighteen hundred and twenty-four (1 824) metres in length;

which strips are shown outlined green on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981.

PART VIDescription of Each Transitional Surface

Being a surface consisting of an inclined plane rising at a ratio of one (1) metre measured vertically to seven (7) metres measured horizontally at right angles to the centre line, and centre line produced, of each strip extending upward and outward from the lateral limits of each strip and its approach surfaces to an elevation of forty-five (45) metres, measured vertically above the assigned elevation of the airport reference point, which transitional surfaces are shown outlined red on Department of National Defence Plan No. B.C. 1289, sheets 7, 10, 15, 16, 17, 19 to 26 inclusive dated the 6th day of February, 1979 and revised sheets 1, 1A, 8, 11, 12, 13, 14 and 18 dated the 12th day of May, 1981.

  • SOR/81-719, ss. 3 to 7

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