The purpose of the AP (Airport Overlay) Zone is to provide zoning protection to the present and long term use of airports and airport facilities. Uses within the AP Zone are generally associated with airport related activities, open space and agricultural uses which are harmonious with the use of airports. The AP Zone is superimposed over other zones. (Ord. 19-038, 8-30-2019)

   (1)   A use is allowed or permitted within the AP Zone only by approval of the commission after a hearing held pursuant to the conditional use permit procedure as set forth in article 7 of this chapter.

   (2)   All uses allowed and all uses permitted by conditional use permit in the respective zone over which the AP Zone is superimposed are appropriate, but uses of airports and airport related facilities such as radio facilities, directional aids to navigation and other structures or facilities as may be determined to be essential to air navigation and operation, agriculture uses, structures used for the habitation of people, and those uses, operations or structures where people might congregate or meet may be approved by the commission only following the conditional use permit procedure. The commission shall not permit a use which would conflict with the airport presently or in the future, unless the conflict can be avoided by imposition of special conditions.

   (3)   Utility distribution facilities not in violation of any applicable Federal airport standard or regulation applicable to the airport. (Ord. 19-038, 8-30-2019)

If any of the regulations specified in article 10A, "Flood Hazard Overlay Zone", of this chapter differ from regulations in this article, then the regulations of article 10A, "Flood Hazard Overlay Zone", of this chapter shall govern. (Ord. 19-038, 8-30-2019)

   (1)   In evaluating a proposed land use, the presiding party shall consider the following:

      A.    Evaluation of the effect of a proposed use on airport facilities will be made based not only on a single use acting alone but upon the reasonable assumption that other landowners within the AP (Airport Overlay) Zone may need or desire to establish similar land uses. As such, accumulative effects will be considered in making decisions.

      B.    Different construction material and methods may be required for sound control purpose beyond those normally required to avoid adverse effects from noise.

      C.    Auditoriums, churches, schools, hospitals, theaters, and other uses where congregations of people are common, shall be avoided whenever possible.

      D.    Criteria related to the established noise contours for the airport shall be used in considering conditional use permit applications.

      E.    Criteria related to Federal Aviation Administration Regulations shall be used in considering conditional use permit applications.

      F.    Input from government entities. (Ord. 19-038, 8-30-2019)

   (1)   The granting of a conditional use permit for a use in the AP Zone shall not constitute a representation, guarantee, or warranty of any kind or nature by the commission or the Board or by any office or employee thereof of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 19-038, 8-30-2019)