Chapter 19.95
AIRPORT OVERLAY
Sections:
19.95.040 Special definitions.
19.95.050 Permitted uses within the airport approach surface zone.
19.95.060 Conditional uses within the airport surface zone.
19.95.010 Uses.
Uses permitted in the airport overlay district are any permitted in the zoning district in which the land is located, except as hereinafter provided. (Ord. 6-2001 § 1)
19.95.020 Purpose.
In order to carry out the provisions of this overlay zone, there are hereby created and established certain zones which include all of the land lying beneath the airport imaginary surfaces as they apply to the city of Fairview. Such zones are shown on the current airport approach and clear zone map, prepared by Oregon State Aeronautics Division.
This overlay zone is intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of Fairview and Multnomah County. (Ord. 6-2001 § 1)
19.95.030 Compliance.
In addition to complying with the provisions of the primary zoning district, uses and activities shall comply with the provisions of this overlay zone. In the event of any conflict between any provisions of this overlay zone and the primary zoning district, the more restrictive provisions shall apply. (Ord. 6-2001 § 1)
19.95.040 Special definitions.
A. “Airport approach safety zone” means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. The inner edge of the approach surface is the same width as the primary surface and extends to a width of: 1,250 feet for a utility runway having only visual approaches; 2,500 feet for a runway other than a utility runway having only visual approaches; 2,000 feet for a utility runway having a nonprecision instrument approach; and 3,500 feet for a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile. The airport approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 feet for each one foot upward (20:1) for all utility and visual runways and 10,000 feet at a slope of 34 feet for each one foot upward (34:1) for all nonprecision instrument runways other than utility.
B. “Airport hazard” means any structure, tree or use of land, which exceeds height limits established by the airport imaginary surfaces.
C. “Airport imaginary surfaces” means those imaginary areas in space which are defined by the airport approach safety zone, transitional zone, horizontal zone, clear zone and conical surface and in which any object extending above these imaginary surfaces is an obstruction.
D. “Clear zone” extends from the primary surface to a point where the approach surface is 50 feet above the runway and elevation.
E. “Conical surface” extends one foot upward for each 20 feet outward (20:1) for 4,000 feet beginning at the edge of the horizontal surface (5,000 feet from the center of each end of the primary surface of each visual and utility at 150 feet above the airport elevation) and upward extending to a height of 350 feet above the airport elevation.
F. “Horizontal surface” means a horizontal plane of 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the primary surface of each visual or utility runway and 10,000 feet from the center of each of the primary surface of all other runways connecting the adjacent arcs by lines tangent to those arcs.
G. “Noise impact” means noise levels exceeding 55 Ldn.
H. “Place of public assembly” means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.
I. “Primary surface” means 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. 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 is 250 feet for utility runways having only visual approaches, 500 feet for utility runways having nonprecision instrument approaches and 500 feet for other than utility runways.
J. “Transitional zones” extend one foot upward for each seven feet outward (7:1) beginning on each side of the primary surfaces which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of 150 feet above the airport elevation (horizontal surface).
K. “Utility runway” means a runway is constructed and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less. (Ord. 6-2001 § 1)
19.95.050 Permitted uses within the airport approach surface zone.
A. Farm uses, excluding the raising and feeding of animals, which would be adversely affected by aircraft passing overhead.
B. Landscape nursery, cemetery or recreational areas, which do not include buildings or structures.
C. Roadways, parking areas and storage yards located in such manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the land approach surfaces must clear these areas by a minimum of 15 feet.
D. Pipeline.
E. Underground utility wire.
F. Single-unit dwellings, mobile homes, duplexes and multi-unit dwellings. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)
19.95.060 Conditional uses within the airport surface zone.
A. A structure or building accessory to a permitted use.
B. Commercial and industrial uses, when authorized in the primary zoning district; provided the use does not result in the following:
1. Creating electrical interference with navigational signals or radio communication between the airport and aircraft.
2. Making it difficult for pilots to distinguish between airport lights or others.
3. Impairing visibility.
4. Creating bird strike hazards.
5. Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport.
6. Attracting large number of people.
C. Buildings and uses of public works, public service or public utility nature. (Ord. 6-2001 § 1)
19.95.070 Procedures.
A. To meet the standards and reporting requirements established in FAA Regulations, Part 77, no structure shall penetrate into the airport imaginary surfaces.
B. No place of public assembly shall be permitted in the airport approach safety zone.
C. No structure or building shall be allowed within the clear zone.
D. Whenever there is a conflict in height limitations prescribed by this overlay zone and the primary zoning district, the lowest height limitations fixed shall govern; provided, however, that the height limitations here imposed shall not apply to such structures customarily employed for aeronautical purposes.
E. No glare producing materials shall be used on the exterior of any structure located within the airport approach safety zone. (Ord. 6-2001 § 1)