Brookings City Zoning Code
CHAPTER 17
76 AIRPORT APPROACH AA OVERLAY ZONE
§ 17.76.010 Purpose.
This overlay zone, delineated by airport imaginary surfaces, applies to properties inside the city limits and within the airspace surrounding the Brookings State Airport.
(Ord. 89-O-446 § 1)
§ 17.76.020 Compliance.
In addition to complying with the provisions of the primary zoning district, uses and activities shall comply with the provisions of this overlay zone. In the event of any conflict between any provisions of this overlay zone and the primary zoning district, the more restrictive provision shall apply.
(Ord. 89-O-446 § 1)
§ 17.76.030 Special definitions.
A.
“Airport imaginary surfaces”
means those imaginary areas in space which are defined by the airport approach safety zone, transitional zones, horizontal zones, clear zone and conical surface as described in the Brookings State Airport Masterplan 1980-2000 on page 32 of that document and depicted on the plan and profile following page 32 (and as hereinafter may be amended), and in which any object extending above these imaginary surfaces is an obstruction.
B.
“Airport approach safety zone”
means a fanshaped area centered on the extended runway centerline and extending 20 feet outward for each foot upward (20:1), 250 feet wide beginning 200 feet beyond the end of and at the same elevation as the runway and extending to horizontal distance of 5,000 feet along the extended runway centerline to a width of 1,250 feet.
C.
“Transitional zones”
extend one foot upward for each seven feet outward (7:1) beginning 125 feet on each side of the runway centerline (primary surface) which point is the same elevation as the runway surface, and from the sides of the approach surfaces thus extending upward to a height of 150 feet above the airport elevation (horizontal surface).
D.
“Horizontal zone”
means a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.
E.
“Clear zone”
extends 1,000 feet along the extended runway centerline from the end of the primary surface at a slope of 20:1 until it reaches a height of 50 feet above the established airport runway end elevations.
F.
“Conical surface”
extends one foot upward for each 20 feet outward (20:1) for 4,000 feet beginning at the edge of the horizontal surface (5,000 feet from the end of the runway at 150 feet above the airport elevation) and upward extending to a height of 350 feet above the airport elevation.
G.
“Airport hazard”
means any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.
H.
“Place of public assembly”
means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.
I.
“Noise impact”
means noise levels which exceed 55 Ldn.
(Ord. 89-O-446 § 1)
§ 17.76.040 Permitted uses within the airport approach safety zone.
The following uses are permitted:
A.
Farm use, excluding the raising and feeding of animals which would be adversely affected 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. Approach surfaces must clear these areas by a minimum of 15 feet;
D.
Pipeline;
E.
Underground utility wire;
F.
Residential uses, and appurtenant accessory uses and structures, when authorized in the underlying zoning district; provided, the land owner signs and records in the deed and mortgage records of Curry County a hold harmless agreement, avigation and hazard easement and noise easement, and submits same to the airport sponsor and city planning department; and also provided, that the area is beyond where the 20:1 approach penetrates the horizontal surface at elevation 608 feet.
(Ord. 89-O-446 § 1)
§ 17.76.050 Conditional uses within the airport approach safety zone.
The following conditional uses may be permitted subject to a conditional use permit:
A.
Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
1.
Creating electrical interference with navigational signals or radio communications between the airport and aircraft;
2.
Making it difficult for pilots to distinguish between airport lights or others;
3.
Impairing visibility;
4.
Creating bird strike hazards;
5.
Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport;
6.
Attracting large number of people;
B.
Buildings and uses of a public works, public service or public utility nature.
(Ord. 89-O-446 § 1)
§ 17.76.060 Procedures.
An applicant seeking a conditional use under BMC § 17.76.050 shall follow procedures set forth in the conditional use section of this code. Information accompanying the application shall also include the following:
A.
Property boundary lines as they relate to the airport imaginary surfaces;
B.
Location and height of all existing and proposed buildings, structures, utility lines and roads; and
C.
A statement from the Oregon Aeronautics Division indicating that the proposed use will not interfere with operation of the landing facility.
(Ord. 89-O-446 § 1)
§ 17.76.070 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 above under BMC § 17.76.030.
B.
No place of public assembly shall be permitted in the airport approach safety zone.
C.
No structure or building shall be allowed within the clear zone.
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 location 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 uses (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 a noise abatement strategy will be incorporated into the building design which will achieve an indoor noise level equal to or less than 55 Ldn. The planning and building department will review building permits for noise-sensitive developments.
(Ord. 89-O-446 § 1)
