Chapter 16.21
AIRPORT OVERLAY ZONE
Sections:
16.21.010 Purpose.
16.21.020 Definitions.
16.21.030 Airport districts.
16.21.040 Review procedures and conditions of approval.
16.21.050 Nonconforming uses.
16.21.060 Adjustments.
16.21.010 Purpose.
The airport overlay zone is intended to minimize potential dangers from, and conflicts with, the use of aircraft at public use airports based on the adopted master plans or airport layout plans for each airport. This chapter is intended to comply with Federal Aviation Regulation (FAR) Part 77 and all other applicable federal and state laws regulating hazards to air navigation. [Ord. 863 § 5, 1990. UZ Ord. § 21.01.]
16.21.020 Definitions.
The following definitions shall apply in administering the airport overlay zone:
A. “Airport” means a public use airport which is open to the general public with or without a prior request to use the airport. Surfaces described in an approved airport master plan, or airport imaginary surfaces drawing, for a public use airport shall be included as a part of this definition.
B. “Airport elevation” means the highest point of an airport’s usable landing area measured in feet from mean sea level. This elevation above mean sea level shall be shown on the official zoning map.
C. “Airport hazard” means any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.
D. “Airport imaginary surfaces” are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach existing or planned for that runway end and shall be delineated on the official zoning map.
1. “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; 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 elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of the runway. The width of a primary surface is:
a. Two hundred fifty feet for utility runways having only visual approaches.
b. Five hundred feet for utility runways having nonprecision approaches.
c. For other than utility runways the width is:
i. Five hundred feet for visual runways having only visual approaches.
ii. Five hundred feet for nonprecision instrument runways having visibility minimums greater than three-fourths of a statute mile.
iii. One thousand feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimum as low as three-fourths of a statute mile, and for precision instrument runways.
2. “Approach surface” means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.
a. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:
i. One thousand two hundred fifty feet for that end of a utility runway with only visual approaches.
ii. One thousand five hundred feet for that end of a runway other than a utility runway with only visual approaches.
iii. Two thousand feet for that end of a utility runway with a nonprecision instrument approach.
iv. Three thousand five hundred feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile.
v. Four thousand feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three-fourths of a statute mile.
vi. Sixteen thousand feet for precision instrument runways.
b. The approach surface extends for a horizontal distance of:
i. Five thousand feet at a slope of 20 to one for all utility and visual runways.
ii. Ten thousand feet at a slope of 34 to one for all nonprecision instrument runways other than utility.
iii. Ten thousand feet at a slope of 50 to one with an additional 40,000 feet at a slope of 40 to one for all precision instrument runways.
c. The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.
3. “Horizontal surface” means a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:
a. Five thousand feet for all runways designated as utility or visual.
b. Ten thousand feet for all other runways.
c. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.
4. “Transitional surface” means those surfaces which extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.
5. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
E. Clear Zone. The “clear zone” extends from the primary surface to a point where the approach surface is 50 feet above the runway end elevation.
F. Heliport Surfaces.
1. Heliport Primary Surface. The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
2. Heliport Approach Surface. The approach surface begins at each end of the heliport primary surface which has the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is eight to one for civil heliports and 10 to one for military heliports.
3. Heliport Transitional Surfaces. These surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two to one for a distance of 250 feet measured horizontally from the centerline of the primary and approach surface.
4. Heliport Instrument Procedure Surfaces. In addition to the surface prescribed above, heliports having an approved instrument procedure shall conform to the criteria for heliports set forth in the United States Standard for Terminal Instrument Procedures. Surfaces prescribed in an approved airport master plan shall be combined into the airport overlay zone.
G. “Hazard to air navigation” means an obstruction determined by the Federal Aviation Administration, or under OAR 836.300(2), to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
H. “Height” means the highest point of any structure as further defined in MCC 16.49.134.
I. “Larger than utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and by jet-powered aircraft.
J. “Nonprecision instrument runway” means 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 nonprecision instrument approach procedure has been approved or planned.
K. “Obstruction” means any structure, tree or other object, including a mobile object, which extends, or which in the future may extend, above the imaginary airport surfaces as defined herein.
L. “Place of public assembly” means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, waiting transportation or similar activity.
M. “Precision instrument runway” means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport master plan.
N. “Runway” means a defined area on the airport prepared for landing and takeoff of aircraft along its length.
O. “Tree” means any natural vegetation.
P. “Utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
Q. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures. [Ord. 863 § 5, 1990. UZ Ord. § 21.02.]
16.21.030 Airport districts.
In order to carry out the provisions of this airport overlay zone, three airport development districts are provided within the airport overlay zone. The outside boundary of these districts is shown on the official zoning map. The airport master plan shall be used to identify the height limits applicable in each district and the boundaries between the districts.
A. Airport Development District. This district consists of those lands, waters and airspace above or below the primary, transitional and approach surfaces described in MCC 16.21.020.
1. Use Limitations. Any use, accessory use, building or structure otherwise allowed in the underlying zone shall be permitted provided the following requirements are satisfied:
a. Except as provided in subsection (D) of this section, no obstruction or object shall be permitted if it extends above the transitional and approach surfaces as defined in MCC 16.21.020.
b. Roadways, parking areas and storage areas associated with uses other than a single-family residence shall be located in such a manner that vehicle lights, illuminated signs, street lights or area illumination will not result in glare in the eyes of the pilots, or in any other way impair visibility in the vicinity of the runway approach.
c. Sanitary landfills, sewage lagoons or sewage sludge disposal shall not be permitted closer than 10,000 feet to the airport runway.
d. No game preserve or game reservation shall be permitted if the animals or birds have the potential to become a hazard to air navigation.
e. No place of public assembly shall be allowed except by a conditional use permit.
B. Horizontal Surface District. This district consists of the land, water and airspace above or below the horizontal surface as described in MCC 16.21.020.
1. Use Limitations. Any use, accessory use, building or structure allowed in the underlying zone shall be permitted provided the following requirements are satisfied:
a. Except as provided in subsection (D) of this section, no obstruction or object shall penetrate the horizontal surface as defined in MCC 16.21.020.
b. Sanitary landfills, sewage lagoons or sewage sludge disposal shall not be permitted closer than 10,000 feet to the airport runway.
C. Conical Surface District. This district consists of the land, water and airspace above or below the conical surface as described in MCC 16.21.020.
1. Use Limitations. Any use, accessory use, building or structure allowed in the underlying zone shall be permitted, provided the following requirements are satisfied:
a. Except as provided in subsection (D) of this section no obstruction or object shall penetrate the conical surface as defined in MCC 16.21.020.
D. Nothing in this overlay zone shall prohibit the construction or maintenance of any structure or growth of any tree to a height of 35 feet above the land. [Ord. 863 § 5, 1990. UZ Ord. § 21.03.]
16.21.040 Review procedures and conditions of approval.
A. An applicant seeking approval for any use or structure regulated by the airport overlay zone shall provide the following information:
1. A copy of the latest transfer document identifying the property boundaries.
2. Location and height of existing and proposed buildings, structures, utility lines and roads on the subject property.
B. Building permits may be issued only after the applicant has notified the Federal Aviation Administration in accordance with Federal Aviation Administration Regulation 77.13 on an FAA Form 7460-1, and the zoning administrator determines that the building or structure complies with MCC 16.21.030.
C. A conditional use permit shall be required for any use, or buildings and structures associated therewith, specifically identified in MCC 16.21.030; provided, that a conditional use permit is not required for specifically identified uses and associated buildings and structures subject only to defined standards.
D. Where a zone change, conditional use permit or adjustment is required, the Oregon Department of Aviation, and in the case of the Salem airport the airport superintendent, shall be notified of the proposal and be given an opportunity to comment, and be notified of any public hearing and the decision.
E. As a condition of approval for a zone change, conditional use or adjustment, an applicant proposing a structure or tree within the districts established by this airport overlay zone may be required to install, operate and maintain, at the owner’s expense, such markings and lights as may be required by the Oregon Department of Aviation to indicate to the operators of an aircraft the presence of the structure or tree. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 21.04.]
16.21.050 Nonconforming uses.
A. The regulations prescribed by the airport overlay zone shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this title, or otherwise interfere with the continuance of the nonconforming use except as provided in subsection (C) of this section.
B. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, otherwise permitted, the construction or alteration of which was begun prior to the effective date of the ordinance codified in this title.
C. The owner of an existing nonconforming structure or tree may be responsible to provide or permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Oregon Department of Aviation to indicate to the operators of aircraft the presence of such airport obstructions. Such markers and lights shall be installed, operated and maintained at the expense of the party determined to be responsible by the Oregon Department of Aviation under the provision of OAR 738-70-0100. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 21.05.]
16.21.060 Adjustments.
The provisions of this overlay zone may be varied subject to the procedures and criteria for considering adjustments set forth in Chapters 16.37 and 16.41 MCC. An application for an adjustment shall be accompanied by a determination from the Federal Aviation Administration and Oregon Department of Aviation of the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Adjustments may be allowed where it is found that the proposal will not create a hazard to air navigation and will be in accordance with the purpose and intent of this overlay zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 21.06.]