Chapter 15.334
AIRPORT INDUSTRIAL OVERLAY (AIO) SUBDISTRICT
Sections:
15.334.020 Notices and restrictions required for development within the AIO subdistrict.
15.334.030 Conversion of property to the airport industrial district.
15.334.040 Conformance with the airport overlay (AO) subdistrict.
15.334.010 Purpose.
The airport industrial overlay subdistrict is intended to support the continued operation and vitality of Sportsman Airpark by addressing potential land use conflicts with adjacent development. It also addresses how properties in the area could be converted to airport industrial district. [Ord. 2647, 6-5-06. Code 2001 § 151.448.3.]
15.334.020 Notices and restrictions required for development within the AIO subdistrict.
A. Avigation Easement. When a subdivision plan or partition is required for any property within the AIO subdistrict, the property owner shall dedicate an avigation easement to the city over and across that property. The easement shall hold the city, public and airfield harmless from any damages caused by noise, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airfield, not including the physical impact of aircraft or parts of aircraft.
B. Notification of Buyers. No person shall sell, nor offer for sale, any property within the AIO subdistrict unless the prospective buyer has been notified of the fact that the property is within the AIO subdistrict. When property ownership is transferred, the property deed shall be amended to note that the property is within the airport industrial overlay subdistrict.
C. Agree to Noise Abatement. No person shall sell, nor offer for sale, any property within the AIO subdistrict unless the prospective buyer agrees to follow Aircraft Owners and Pilots Association
(AOPA) standard noise abatement procedures, or the most recent noise abatement procedures established at the airport.
D. CC&Rs. The applicant for a subdivision or design review in the AIO subdistrict shall provide a copy of the CC&Rs in conformance to the requirements listed above. [Ord. 2647, 6-5-06. Code 2001 § 151.448.4.]
15.334.030 Conversion of property to the airport industrial district.
Property within the airport industrial overlay subdistrict may be converted to the airport industrial district at the request of the applicant concurrent with and through the approval of a subdivision with the AIO subdistrict. Property may also be converted to the airport industrial district through the zone change process (NMC 15.302.030). [Ord. 2647, 6-5-06. Code 2001 § 151.448.5.]
15.334.040 Conformance with the airport overlay (AO) subdistrict.
All uses, activities, facilities and structures allowed in the AI airport industrial district and the AR airport residential district shall comply with the requirements of the airport overlay (AO) subdistrict. In the event of a conflict between the requirements of these districts and those of the airport overlay (AO) subdistrict, the requirements of the overlay subdistrict shall control. [Ord. 2647, 6-5-06. Code 2001 § 151.448.6.]