Chapter 15.340
AIRPORT OVERLAY (AO) SUBDISTRICT
Sections:
15.340.020 Permitted uses within the airport approach safety zone.
15.340.030 Conditional uses within the airport approach safety zone.
15.340.010 Purpose.
A. In order to carry out the provisions of this airport overlay subdistrict, there are created and established certain zones which include all of the land lying beneath the airport imaginary surfaces as they apply to Sportsman Airpark in Yamhill County. Such zones are shown on the current airport overlay zone map and the displaced threshold approach surface map, prepared by the Newberg engineering department (see Appendix B, Maps 2 and 3).
B. Further, 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 the people of the City of Newberg and Yamhill County. [Ord. 2451, 12-2-96. Code 2001 § 151.450.]
15.340.020 Permitted uses within the airport approach safety zone.
The following uses are permitted:
A. Single-family dwellings, mobile homes, duplex dwellings, triplex dwellings, quadplex dwellings, townhouse dwellings, cottage cluster projects and multifamily dwellings, when located greater than 3,000 feet from the displaced threshold and when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Yamhill County a hold harmless agreement and aviation and hazard easement and submits them to the airport sponsor and the community development department.
B. All uses permitted in the primary zoning district, provided the use does not create the following:
1. Electrical interference with navigational signals or radio communication between the airport and aircraft.
2. Visual interference which would make it difficult for pilots to distinguish between airport lights or other lighting.
3. Impairment of visibility.
4. Bird strike hazards.
5. Endangerment or interference with the landing, taking off or maneuvering of aircraft intending to use the airport.
6. Population densities which exceed the following limitations:
|
Distance from the Displaced Threshold |
|
|---|---|
|
Less than 1,500 ft. |
125 sq. ft. |
|
1,501 – 2,000 ft. |
30 sq. ft. |
|
Greater than 2,000 ft. |
15 sq. ft. |
C. Roadways, parking areas and storage yards located in such a 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 landing approach. Approach surfaces must clear these by a minimum of 15 feet. [Ord. 2889 § 2 (Exh. B § 16), 12-6-21; Ord. 2880 § 2 (Exh. B § 19), 6-7-21; Ord. 2451, 12-2-96. Code 2001 § 151.451.]
15.340.030 Conditional uses within the airport approach safety zone.
The following uses are conditional uses and shall be processed through the Type III procedure:
A. All uses permitted as conditional uses within the primary zoning district, provided the use does not create the following:
1. Electrical interference with navigational signals or radio communication between the airport and aircraft.
2. Visual interference which would make it difficult for pilots to distinguish between airport lights or other lighting.
3. Impairment of visibility.
4. Bird strike hazards.
5. Endangerment or interference with the landing, taking off or maneuvering of aircraft intending to use the airport.
6. Population densities which exceed the standards listed in NMC 15.340.020(B)(6).
B. Any use, building, or structure which is otherwise permitted and is within the height limits of the displaced threshold approach surface but exceeds the height limits of the airport approach safety zone. The sole criteria for approval of such uses are as follows:
1. The use shall not create any of the conditions or hazards listed in subsection (A) of this section.
2. The landowner shall sign and record in the deed and mortgage records of Yamhill County a hold harmless agreement and avigation and hazard easement and submit them to the airport sponsor and the planning and building director or designee.
3. The use, building or structure shall be marked with lights as required by the State Aeronautics Division. The lights shall be installed and maintained by the applicant. [Ord. 2733 Att. A, 2-7-11; Ord. 2451, 12-2-96. Code 2001 § 151.452.]
15.340.040 Procedures.
A. Development Permits. An application for a development permit for any permitted use within the airport approach safety zone or the displaced threshold approach surface zone which is subject to site design review as required by NMC 15.220.010 et seq. and shall include the following information:
1. The boundaries of the airport imaginary surfaces as they relate to property boundary lines; and
2. The location and height of all existing and proposed buildings, structures, utility lines and roads; and
3. A statement from the Oregon Aeronautics Division indicating whether the proposed use will interfere with operation of the landing facility.
B. FAA Notice Required. To meet the requirements of Federal Aviation Regulations Part 77, FAA Form 7460-1, Notice of Proposed Construction or Alteration, must be submitted for any construction or alteration of greater height than an imaginary surface extending outward and upward at a slope of 50 to one for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of the airport. Notice is not required for construction or alteration that is shielded by existing structures or terrain as defined in Section 77.15 of Part 77 of the Federal Aviation Regulations. [Ord. 2451, 12-2-96. Code 2001 § 151.453.]
15.340.050 Limitations.
A. To meet the standards and reporting requirements established in FAA Regulations, Part 77, no structure shall penetrate into the airport imaginary surfaces as defined in this code except as provided in NMC 15.340.030(B).
B. High density public uses as defined in this code shall not be permitted in the airport approach safety zone or the displaced threshold approach surface zone.
C. Following July 1990, if FAA funds are used by the city to improve or enhance the airport, new structures, buildings and dense uses shall be prohibited in the runway protection zone consistent with federal requirements.
D. Whenever there is a conflict in height limitations prescribed by this overlay zone and the primary zoning district, the lowest height limitation 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.
F. In noise-sensitive areas (within 1,500 feet of an airport or within established noise contour boundaries of 55 Ldn and above for identified airports) where noise levels are a concern, a declaration of anticipated noise levels shall be attached to any building permit or development approval. In areas where the noise level is anticipated to be 55 Ldn and above, prior to issuance of a building permit for construction of noise-sensitive land use (real property normally used for sleeping or normally used as schools, churches, hospitals, or public libraries) the permit applicant shall be required to demonstrate that the indoor noise level will not exceed 55 Ldn. The director will review building permits for noise-sensitive developments. [Ord. 2451, 12-2-96. Code 2001 § 151.454.]