The purpose of the airport overlay zone (A) is to prevent the creation of potential air traffic hazards in the form of projections above a specified height within the flight path of planes using the Aurora State Airport. On the date the ordinance codified in this title was adopted, all land within the city was and is, subject to the provisions of the airport overlay zone. All of the city is under the horizontal surface and as such, no new structures are allowed to project into this imaginary surface. The present height limitations of this title insure that this will not occur. None of the city is presently within the Airport approach surface.

(Ord. 415 § 7.76.010, 2002)

As used in this chapter:

Airport approach surface means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. The inner edge of the approach surface is the same width as the primary surface and extends to a width of: one thousand two hundred fifty (1,250) feet for a utility runway having only visual approaches; one thousand five hundred (1,500) feet for a runway other than a utility runway having only visual approaches; two thousand (2,000) feet for a utility runway having a non-precision instrument approach; and three thousand five hundred (3,500) feet for a non-precision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile. An Airport approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty (20) feet for each one foot upward (20:1) for all utility and visual runways, and ten thousand (10,000) feet at a slope of thirty-four (34) feet for each one foot upward (34:1) for all non-precision instrument runways other than utility.

Airport hazard means any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.

Airport imaginary surfaces means those imaginary areas in space which are defined by the airport surface, transitional zones, horizontal zone, runway protection zone, conical surface, and in which any object extending above these imaginary surfaces is an obstruction.

Conical surface extends one foot upward for each twenty (20) feet outward (20:1) for four thousand (4,000) feet, beginning at the edge of the horizontal surface (five thousand (5,000) feet from the center of each end of the primary surface of each visual and utility runway, or ten thousand (10,000) feet for all non-precision instrument runways other than utility at one hundred fifty (150) feet above the airport elevation), and upward extending to a height of three hundred fifty (350) feet above the airport elevation.

Horizontal surface means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of five thousand (5,000) feet from the center of each end of the primary surface of all other runways and connecting the adjacent arcs by lines tangent to those arcs.

Impact means noise levels exceeding fifty-five (55) Ldn.

Place of public assembly means a structure which the public may enter for such purposes as deliberation, worship, education, shopping, entertainment, amusement or awaiting transportation.

Primary surface means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is two hundred fifty (250) feet for utility runways having only visual approaches, five hundred (500) feet for utility runways having non-precision instrument approaches, and five hundred (500) feet for other than utility runways.

Runway protection zone extends from the primary surface to a point where the approach surface is fifty (50) feet above the runway end elevation.

Transitional zones extend one foot upward for each seven feet outward (7:1) beginning on each side of the primary surface which point is the same elevation as the runway surface, and from the sides of each approach surfaces, thence extending upward to a height of one hundred fifty (150) feet above the airport elevation (horizontal surface).

Utility runway means a runway that is constructed and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less.

(Ord. 415 § 7.76.020, 2002)

In any zoning district where airport overlay designation is combined with a primary district, the following regulations shall apply. If any conflict in regulation or procedure occurs with the primary zoning district, the provisions of the airport overlay shall govern.

A.

Notice shall be provided to the Department of Aviation when the property or a portion thereof that is being developed is located within five thousand (5,000) feet of the sides or the ends of a runway except where the following criteria are satisfied:

1.

All proposed structures are thirty-five (35) feet or less in height;

2.

The proposal does not involve industrial uses, mining or similar uses that emit smoke, dust or steam;

3.

The proposal does not involve sanitary landfills or water impoundments individually or cumulatively one quarter acre or greater in size; and

4.

The proposal does not involve radio, radio telephone, television or similar transmission facilities or above ground electrical transmission lines.

B.

For limited land use decisions, notice shall be provided in accordance with Chapter 16.78.

C.

For quasi-judicial decisions, notice shall be provided in accordance with Chapter 16.76.

D.

For legislative decisions, notice shall be provided in accordance with Chapter 16.74.

(Ord. 415 § 7.76.030, 2002)

The following uses are permitted. Variances from listed permitted uses are prohibited.

A.

Agriculture, excluding the commercial raising of animals that would be adversely impacted by aircraft passing overhead;

B.

Landscape nursery, cemetery, or recreation areas, which do not include buildings or structures;

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;

D.

Pipeline;

E.

Underground utility wires.

(Ord. 488, § 2(Exh. A), 2019; Ord. 415 § 7.76.040, 2002)

The following uses are conditional:

A.

A structure that is an accessory to a permitted use;

B.

A single-family dwelling, mobile home, duplexes, multiple-family dwellings, when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Marion County a hold harmless agreement and an aviation and hazard easement, and submits them to the airport sponsor and to the city;

C.

Buildings and uses of a public works, public service or public utility nature;

D.

Commercial and industrial uses when authorized in the primary zoning district, provided the use does not:

1.

Create electrical interference with navigational signals or radio communication between the airport and the aircraft;

2.

Make it difficult for pilots to distinguish between airport lights and all others;

3.

Impair visibility;

4.

Create bird strike hazards;

5.

Endanger or interfere with the landing, taking off or maneuvering of aircraft intending to use the airport;

6.

Attract large numbers of people.

(Ord. 415 § 7.76.050, 2002)

A.

The approval of a new conditional use in the airport approach surface shall follow the conditional use procedures set forth in Chapter 16.60.

B.

The application for a conditional use shall contain all the information listed in Chapter 16.60 plus the following special information:

1.

Property lines as they relate to the airport approach and the end of the runway;

2.

Location and height of all existing and proposed buildings, structures, utility lines and roads;

3.

A statement from the Federal Aviation Administration indicating that the proposed use will not interfere with the operation of the landing facility.

(Ord. 415 § 7.76.060, 2002)

To meet the standards and reporting requirements established in FAA Regulations, Part 77, the following limitations shall apply:

A.

No structure shall penetrate into the airport imaginary surfaces as defined by Section 16.24.020.

B.

No place of public assembly shall be permitted in an airport approach surface.

C.

The height of any structure shall be limited to the requirements prescribed by the commission or by any other local ordinance or regulation.

D.

Whenever there is a conflict in height limitations prescribed by this code or another pertinent ordinance, the lowest height limitation fixed shall govern, provided the height or other limitations and restrictions here imposed shall not apply to such structures or uses customarily employed for aeronautical purposes.

E.

No glare-producing materials shall be used on the exterior of any structure located within the airport approach surface.

F.

No structure or building shall be allowed within the runway protection zone.

(Ord. 415 § 7.76.070, 2002)