Chapter 19.69D
AIRPORT OVERLAY
Sections:
19.69D.020 Application of overlay.
19.69D.060 Height limitations.
19.69D.080 Property development standards.
19.69D.010 Purpose.
An airport overlay is applied to an area which is in the proximity of active air fields where aircraft operations occur on a regular basis. The perimeter of this overlay signifies a measure of noise level (sound measured in decibels), dust, engine exhaust, and visual impact, surrounding the airport. In order to prevent the creation of hazards, special airport zoning regulations controlling and limiting the use of land are established within the airport overlay. The provisions of this chapter are not intended to abrogate any other section of this title and when it appears that there is a conflict, the most restrictive requirements shall apply. [2005 RLDC § 69.410.]
19.69D.020 Application of overlay.
A. In any zone where an airport overlay is combined with a primary zone and any conflict in regulations or procedure occurs between the zone and the overlay, the most restrictive shall govern.
B. The boundaries of the overlay shall be designated on the official zoning maps for Josephine County. Height and land use limitations shall be imposed within the overlay. Height and other standards shall be consistent with the requirements of the Federal Aviation Administration, the Oregon State Department of Transportation, and the Josephine County airport master plan. [2005 RLDC § 69.420.]
19.69D.030 Use restrictions.
The following use restrictions shall apply within the areas designated as airport overlay on the official zoning map:
A. Airport Clear Zone – No use other than those listed under JCC 19.69A.040 is permitted;
B. Airport Approach Zone – Any use listed in the primary zone, except for places of public assembly accommodating more than 100 persons, may be permitted within the approach zone, subject to the regulations of this chapter. A declaration of record shall be made on the permit recognizing the preexistence of the airport;
C. Airport Overlay Zone – Any use listed in the primary zone, subject to the requirements of this chapter, may be permitted; and
D. No use may be made of land within the airport overlay that will result in interference with communications and/or visibility between airport and aircraft. No illumination of signs or material of a reflective nature used on exterior construction shall be installed which would result in glare or confusion with aeronautical lighting that may impair visibility from aircraft. [2005 RLDC § 69.430.]
19.69D.040 Permitted uses.
The following uses are permitted unless the use would penetrate the elevations of the approach and transitional zones. The uses shall be reviewed using ministerial review procedures (Chapter 19.22 JCC), may be subject to site plan review (Chapter 19.42 JCC), the issuance of a development permit (Chapter 19.41 JCC), and the property development standards listed in JCC 19.69D.080.
A. Agriculture, excluding the commercial raising of animals which would be adversely affected by aircraft passing overhead;
B. Airports and heliports, subject to the approval of a master plan by the Board of County Commissioners, providing that FAA permits have been obtained, and lines, towers, structures or poles do not penetrate the airspace of a clear zone approach or transitional surface of an airport;
C. Landscape nursery, cemetery, or recreation areas which do not include buildings or structures;
D. Pipeline (Type I, no site plan review);
E. Roadways, parking areas, and storage yards while allowed shall not be located so that the lighting will make it difficult for pilots to distinguish between landing lights and other lights, result in glare, or in any other way impair visibility in the vicinity of the landing approach;
F. Underground utility wire. [2005 RLDC § 69.440.]
19.69D.050 Conditional uses.
The uses listed as conditional uses within the primary zone shall be subject to JCC 19.69D.030, 19.69D.060, and 19.69D.070 in addition to the requirements of the primary zone. [2005 RLDC § 69.450.]
19.69D.060 Height limitations.
The allowable height of any building, structure, or tree within the airport overlay shall conform to the following: the ground level elevation plus the height of any structure, building, use, or tree at its proposed location shall not penetrate any approach, transitional, horizontal, conical surface of an airport as indicated on the Josephine County airport master plan and/or County document, unless specifically allowed by the FAA and Josephine County as part of a conditional use permit review. [2005 RLDC § 69.460.]
19.69D.070 New development.
A. All new airports, heliports, or landing fields shall be designed so that the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public assembly is minimized.
B. They shall be located so that air traffic shall not constitute a nuisance to neighboring uses.
C. The applicant shall show that adequate controls or measures will be taken to reduce noise levels, vibrations, dust, or bright light, as required by the Oregon Department of Environmental Quality rules and regulations. [2005 RLDC § 69.470.]
19.69D.080 Property development standards.
The property development standards in the underlying zone shall apply to all development in this overlay. The standards contained in this chapter shall be in addition to the standards of the underlying zone. [2005 RLDC § 69.480.]