A.

Purpose and General Plan Consistency. The purpose of this Chapter is to protect the public health, safety and welfare in the vicinity of the Apple Valley Airport by minimizing exposure to high noise levels and accident hazards generated by airport operations and to encourage future development that is compatible with the continued operation of the airport. Additionally, the purpose of this Chapter is to implement the following goals, objectives, strategies and action plans of the General Plan, the Town's Comprehensive Economic Development Plan and the Comprehensive Airport Land Use Compatibility Plan, through commercial, industrial and residential development within the Airport Overlay District by achieving the following:

1.

Safeguarding the general welfare of the inhabitants within the vicinity of the airport and the public in general by minimizing public exposure to excessive noise and safety hazards.

2.

Coordinating land uses both on the airport property and in surrounding areas so that land uses are compatible and able to function without major constraints or annoyance.

3.

Promote commercial and industrial developments that are capable of strengthening the local economy and enhancing the quality of life of Town residents.

4.

Ensure that land use conflicts are minimized and that long term interest for industrial projects are maintained.

5.

Encourage long-term investment in the community.

6.

Protect adjacent property owners from negative impacts.

B.

The following regulations apply for development around the airport:

1.

All uses shall be compatible with the continued operation of the airport. No uses shall be allowed that:

a.

Release into the air any substance that would impair aircraft visibility or otherwise interfere with its operation;

b.

Produce light emissions, either direct or reflective, that would interfere with pilot vision;

c.

Produce emissions that would interfere with aircraft communication systems or navigational equipment; or

d.

Attract birds or water fowl in such numbers as would create a hazard to aircraft operations.

2.

Uses that cause or produce objectionable effects that would pose a hazard or nuisance to adjacent or other properties by reason of smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, toxic fumes or other conditions that would adversely affect the public health, safety and general welfare are not permitted.

3.

Uses that require the use or storage of materials that are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall be approved by the Fire District and the County Department of Environmental Health Services.

4.

Uses that are labor intensive or that promote the concentration of people for extended periods of time are not permitted in areas designated by the Airport Overlay District.

5.

Structures on the premises of a permitted use shall not be used as a residence for the owner, operator, or caretaker, their family members or others.

6.

A noise level reduction (NLR) of thirty (30) decibels or more from exterior to interior shall be incorporated into the design and construction of office areas and those portions of structures where the public is regularly received. All interior noise level standards shall be met.

C.

Underlying Zoning District

The properties surrounding the Apple Valley Airport currently have adopted zoning designations established through the Town's adopted Development Code and North Apple Valley Industrial Specific Plan (NAVISP) which include the following:

1.

Low Density Residential (R-LD), Development Code Section 9.28.020(C);

2.

Estate Residential (R-E), Development Code Section 9.28.020(D);

3.

General Commercial District (C-G), Development Code Section 9.35.020(C);

4.

North Apple Valley Industrial Specific Plan.

i.

Specific Industrial

ii.

Airport Industrial

iii.

General Commercial

iv.

Proposed High Desert Corridor

The applicable Airport Overlay District shall be in addition to the underlying zoning district in which it is located. The land use regulations established under the Development Code and NAVISP will apply; however, some of the properties located within the Airport Influence Area will have an airport overlay district which shall also apply. In the event of a conflict between these regulations, the more strict regulation shall apply.

The provision of this Chapter shall apply to all new development within the Airport Overlay Districts and any addition, remodeling, relocation or construction requiring a building or grading permit.

A.

All new nonresidential uses or significant expansions of nonresidential uses within the Airport Overlay Districts shall be subject to an airport compatibility review, except for the following:

1.

Minor additions, alterations or repairs to an existing building up to 1,000 square feet or twenty-five (25) percent of the existing building (not to exceed 2,500 square feet), whichever is greater;

2.

Demolition;

3.

Interior tenant improvement to existing nonresidential buildings that do not involve an increase in floor area or change or intensification of use;

4.

Accessory structures to existing single-family residences (SFR), such as:

All exceptions shall still comply with all other standards and requirements of this Chapter.

B.

Projects located within the Airport Overlay Districts shall be reviewed for consistency with the provisions of the Comprehensive Land Use Compatibility Plan (CLUCP). At the discretion of the Town Planning Manager, specific projects may be forwarded to the Airport Manager for review. The comments from the Airport Manager shall be considered prior to any approval of the permit.

For the purpose of administering this Chapter, the Airport Overlay Districts listed below are established.

A.

Airport Master Plan - Safety Area

For the purposes of the CLUCP, the Federal Aviation Administration (FAA) defined Runway Protection Zone, Runway Object Free Zone, Inner Safety Zone, and Emergency Touch Down Zone will be located within final airport boundaries established by the County's adopted Apple Valley Master Plan. To the maximum extent practical, these areas should be clear of objects and structures in conformance with the building restriction line as shown in Figure 6-1 of the Airport Master Plan. Within that area to the extent practical, any airport activities/operations should be very low intensity in character. The existing and future projected sixty (60) dB(A) and sixty-five (65) dB(A) CNEL noise contour will be located completely on the airport property according to the Master Plan and EIR/EAR. Development within this area will occur in conformance with the County's adopted Airport Master Plan, EIR/EAR and Mitigation Monitoring Plan.

B.

Airport Overlay District A-1

This overlay district includes the outer safety zone with the runway approach surface which conforms with the adopted Airport Master Plan flight paths that extend along the runway centerline from the ends of each of the runway surfaces. The dimension of those zones are shown below:

NOTE: All dimensions are listed in linear feet.

C.

Airport Overlay District A-2

This zone is based upon the traffic pattern/overflight zone adopted in the Apple Valley Airport Master Plan. The basic shape of the zone was based on a 1,000-foot wide flight path, which was extended from the centerline of the runway ends. In order to limit conflicts generated from the airport facilities and air operations and the adjacent privately owned properties, the outer edge of the flight tracks defines the exterior boundaries of airport overlay district A-2. The area located within those exterior boundaries that are not superimposed over the Airport Master Plan Safety Area or the Airport Overlay District A-1 will have the Airport Overlay District A-2 designation.

Particularly hazardous land uses should be prohibited in all designated airport overlay zones. These include those which would cause smoke, water vapor, or light interference impeding the pilot's ability to see the airfield. Other uses which cause electrical interference with aircraft navigational and communications equipment also should be prohibited in the airport vicinity. Other inappropriate uses include those which attract large numbers of birds. Examples include landfills and some types of food processing plants involving outdoor storage of grant and other raw materials or food by-products.

The Airport Land Use Planning Handbook offers the descriptions of land uses which are considered hazardous and should be prohibited within all airport safety zones. These land uses include:

A.

Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA approved navigational signal light or visual approach slope indicator;

B.

Any use which would cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport;

C.

Any use which would generate smoke or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within this area;

D.

Any use which would generate electrical interference that would be detrimental to the operation of aircraft and/or aircraft instrumentation; and

E.

Any land use outside the Airport Master Plan Safety Area involving, as the primary activity, the manufacture, storage or distribution of explosives or flammable or hazardous materials.

All new nonresidential uses or significant expansions of nonresidential uses shall be subject to the Land Use Compatibility Guidelines for Airport Overlay Zoning Districts, Table 9.65.060-A, and shall also be subject to an airport compatibility review as described in Section 9.65.030 of this Code.

TABLE 9.65.060-A
LAND USE COMPATIBILITY GUIDELINES FOR AIRPORT OVERLAY ZONE DISTRICTS⁽¹⁾

(1)

The following uses shall be prohibited in all airport overlay zones:

a.

Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA approved navigational signal light or visual approach slope indicator;

b.

Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport;

c.

Any use which would generate smoke or water vapor or which would attract large concentrations of birds or which may otherwise affect safe air navigation within the area;

d.

Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation;

e.

Any land use outside the Airport Master Plan Safety Area involving, as the primary activity, the manufacture, storage or distribution of explosives or flammable or hazardous materials; and

f.

Any outdoor, above-ground storage of flammable or hazardous materials.

(2)

No structures are permitted in emergency touchdown zones or inner safety zones. These areas are completely contained on Apple Valley Airport property.

(3)

Significant obstructions include, but are not limited to, large trees, heavy fences and walls, tall and steep berms and retaining walls, nonfrangible street light and sign standards, and billboards.

(4)

A "structure" includes fully enclosed buildings and other facilities involving fixed seating and enclosures limiting the mobility of people, such as, sports stadiums, outdoor arenas, and amphitheaters.

The construction, establishment, expansion or addition to any building or structure and the normal mature height of any vegetation shall be permitted up to a maximum height of thirty-five (35) feet in Airport Overlay District A-1 and up to a maximum height of fifty (50) feet in the Airport Overlay District A-2, unless there is a lower maximum height in the underlying zone. Structures or objects in excess of these heights and not exceeding the maximum height in the underlying zone shall be subject to discretionary review as to whether they would conflict with FAA Regulations Part 77 or impede visibility or access to open areas providing emergency landing areas for aircraft. The height of objects and structures within the Airport Master Plan Safety Area shall also comply with the height limits as specified in this Section or provided by FAA Regulations Part 77, Objects Affecting Navigable Air Space, whichever is more restrictive.

A.

Development of residential land uses shall be constructed to maintain interior noise exposure levels of forth-five (45) dB(A) CNEL or less with windows and doors closed.

B.

All new development shall comply with all applicable standards contained within the Development Code.

C.

All exterior lighting shall have sharp cut-off reflectors in which virtually no light leaves the fixture above an angle of about seventy (70) degrees, as measured from straight down.

D.

A deed notice as contained in the Comprehensive Airport Land Use Compatibility Plan shall be required to be recorded on all properties for which projects are approved within Airport Overlay Districts.

A.

Existing Building, Structure or Use. Nothing in this Chapter shall require any change or alteration to any constructed or established building, structure or use that was legally in existence on the date of adoption of this Chapter. Any building, structure or use which does not comply with this section is established as a nonconforming use and is subject to the provisions of Chapter 9.07 of this Code, Nonconforming Uses and Structures.

B.

Applicability. Any addition, remodeling, relocation or construction within the Airport Overlay Districts requiring a building permit shall comply with the applicable regulations of the overlay district, the underlying district the applicable height regulations provided by the Federal Aviation Regulations, Part 77, Objects Affecting Navigable Air Space.