The AEO-airport environs overlay district is hereby established to protect the public health, safety and welfare by regulating development and land use within airport environs and airport hazard areas; to ensure compatibility between John Glenn Columbus International Airport, Bolton Field Airport, the Ohio State University Airport (a/k/a Don Scott Field), and any future airport and surrounding land uses; and to protect said airports from incompatible encroachment.

Airport hazards within the AEO-airport environs overlay district are hereby declared a public nuisance.

Within the AEO-airport environs overlay district and its three subdistricts airport standards and requirements shall apply to each property in addition to the standards and requirements of the underlying zoning district. In case of conflicting standards and requirements, the more stringent standards and requirements shall apply.

(Ord. 1136-94; Ord. No. 1871-2023, § 1, 7-31-2023)

For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein.

When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and words in the masculine gender include the feminine and neuter. Definitions contained in Chapter 3303, C.C. and not in conflict, shall apply.

(Ord. 1136-94.)

"Airport" means any airfield located within the corporate limits of the city, owned and operated by the city or other governmental agency, and subject to Ldn contours approved by the Federal Aviation Administration, presently including, but in the future may not be limited to, John Glenn Columbus International Airport, Bolton Field Airport, and Ohio State University Airport (a/k/a Don Scott Field).

(Ord. 1136-94; Ord. No. 1871-2023, § 1, 7-31-2023)

"Airport environs" means the geographic area that is affected by the airport air traffic operations and is defined on the basis of those areas immediately impacted by the most recently charted and most restrictive 65 Ldn contour and greater noise exposure areas based upon the Land Use Compatibility Guidelines approved by the Federal Aviation Administration (FAA). These areas constitute the AEO-Airport Environs Overlay District established in this chapter.

(Ord. 1136-94.)

"Airport hazard" means any building, structure, object of natural growth, or use of land within an airport hazard area which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking off of aircraft.

(Ord. 1136-94.)

"Airport hazard area" means any area of land adjacent to an airport which has been declared to be an "airport hazard area" by its operating authority in connection with any airport approach plan recommended by such authority.

(Ord. 1136-94.)

"Day-night sound level" (Ldn) means a cumulative aircraft noise index which estimates the exposure of an area to aircraft noise and relates the estimated exposure to an expected community response. The day-night sound level noise metric assesses a ten decibel (10 dB) penalty to all noise events occurring between 10:00 p.m. and 7:00 a.m.

(Ord. 1136-94.)

"Ldn contour" means a line linking together a series of points of equal cumulative noise exposure based on the Ldn metric. Such contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns.

(Ord. 1136-94.)

"Operating authority" means the person, board, commission or agency responsible for management of an airport such as, but not limited to, the Columbus Municipal Airport Authority or the Ohio State University Board of Trustees.

(Ord. 1136-94.)

"Structure" means a combination of materials to form a construction for occupancy or use as set out in C.C. 3303.86 and in addition means any object, whether permanent or temporary, including, but not limited to, tower, crane, smokestack, earth formation, transmission line or flagpole, and includes a mobile or tethered object.

(Ord. 1136-94.)

The AEO-Airport Environs Overlay District shall contain all airport environs for John Glenn Columbus International Airport, Bolton Field, the Ohio State University Airport, and any future airport as defined in this chapter.

The AEO-Airport Environs Overlay District is subdivided into three subdistricts which represent different levels of noise impact. The geographic location of these noise zone subdistricts shall be indicated on the zoning map, as per the requirements of this Zoning Code, as follows:

(a)

Subdistrict A, which shall include the area within the 65 Ldn to 70 Ldn noise exposure area,

(b)

Subdistrict B, which shall include the area within the 70 Ldn to 75 Ldn noise exposure area.

(c)

Subdistrict C, which shall include the area within the 75 Ldn and greater noise exposure area.

The boundaries of the AEO-Airport Environs Overlay District and its subdistricts, as adopted herein, shall be reviewed and amended as appropriate whenever the operating authority of an airport certifies its update or amendment of the noise contour maps and/or the FAR Part 150 Noise Compatibility Program to the Director with a copy thereof.

Copies of the appropriate noise contour map and FAR Part 150 Noise Compatibility Study shall be on file and open to public inspection in offices of John Glen Columbus International Airport, Bolton Field Airport, Ohio State University Airport, and any future airport as defined in this chapter. Copies of all appropriate noise contour maps also shall be on file and open to public inspection in the Department.

(Ord. 377-95; Ord. 179-03 § 11; Ord. No. 1871-2023, § 1, 7-31-2023)

Within the AEO-airport environs overlay district, any proposed building, structure or use shall be subject to review and evaluation relative to the standards and requirements set forth herein.

(Ord. 1136-94.)

The provisions of this chapter shall not be deemed applicable to the following uses in the AEO-airport environs overlay district when permitted in the underlying district:

(a)

Existing Use. A use existing on the effective date of this chapter shall not be required to change in order to comply with these regulations. The nonconforming use requirements of this Zoning Code shall apply to the future applicability of the standards and requirements contained herein.

(b)

Temporary Structure. Temporary building or structure that is not used for residential purposes and which meets applicable requirements as contained within this Zoning Code, so long as it is constructed incidental to a permitted use, as per the requirements of this code.

(c)

Agricultural Structure. Bona fide agricultural building, structure, improvement, or associated non-residential development.

(d)

Accessory Use or Structure. Accessory use or structure incidental to a permitted principal structure or use and within the intent, purpose or objectives of these regulations.

(Ord. 1136-94.)

Any temporary use such as, but not limited to, a public celebration or outdoor entertainment event, shall require a temporary use permit as provided in Chapter 3390. The application shall be submitted to the operating authority of the appropriate airport for review and recommendation no less than two weeks prior to issuance of the permit. Any permit issued shall be for a period of operation not to exceed five days. Only one extension may be granted for a temporary use.

(Ord. 1136-94.)

The following development standards shall apply to all proposed uses and structures in the AEO-airport environs overlay district.

(a)

Proposed Uses. Table 1, Land Use Compatibility Standards, contained herein identify development standards that apply to proposed uses within the AEO-airport environs overlay district. Any proposed use shall comply with these standards.

(b)

Interior Day-Night Average Noise Level (Ldn). Any proposed building, structure or use shall comply with the noise level reduction (NLR) standards in Chapter 4191, C.C. Compliance with NLR requirements shall be evidenced prior to issuance of a certificate of zoning clearance or a certificate of occupancy.

(Ord. 1136-94.)

The applicant for a variance, rezoning, change of use, or special use permit, prior to receiving final approval of the application, shall convey to the operating authority of the appropriate airport, an avigation easement granting the right to fly in the airspace above the subject property. Avigation easements may be obtained for all other new uses. Such easement shall be supplied in a form prescribed by the director in conjunction with the operating authority of the appropriate airport and shall be recorded in the appropriate county recorder's office.

(Ord. 1136-94; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 94, 4-5-2010)

The department shall provide a notice to an applicant for a development-related permit in the AEO-airport environs overlay district that the subject property is located, either partially or wholly, within the AEO-airport environs overlay district and may be subject to aircraft overflight.

(Ord. 1136-94; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 95, 4-5-2010)

The zoning compliance process for the city of Columbus shall apply to the AEO-airport environs overlay district with the following additional review:

Airport Authority Staff Review. The department shall provide a copy of any application for a certificate of zoning clearance within the AEO-airport environs overlay district, including the development plan, within five days of its submittal by the applicant, to the staff of the operating authority of the airport appropriate for the subject site and which shall provide a written recommendation to the director within seven days after receipt.

(Ord. 1136-94; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 96, 4-5-2010)

A development plan as identified herein shall be submitted with any application for a certificate of zoning clearance or application for rezoning in addition to other submittal requirements therefor and said plan shall include at a minimum technical substantiation, maps, plans, drawings, and such other information as is necessary to show:

(a)

Site/Ldn Contour Map. Zoning district boundaries shall be superimposed on a site plan of the development site to indicate FAA-approved noise contours for the subject property. All maps shall be drawn to a scale designated by the director.

(b)

Location of Structures. Location of all existing and proposed buildings and structures shall be identified on the site/Ldn contour map.

(c)

Specification of Uses. Uses to occur within each building, structure or activity area shall be specified on the site/Ldn contour map.

(d)

Narrative Description. A narrative shall be provided describing the location of the site, its total acreage, existing character and use; the concept of the proposed development or use, such as proposed residential density, and the relation of the proposed development plan to the Columbus comprehensive plan and any applicable area plan.

(Ord. 1136-94; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 97, 4-5-2010)

The development plan shall be reviewed and evaluated using, at a minimum, the following criteria:

(a)

Proposed Use. All elements of the proposed development shall be consistent with Table 1, Land Use Compatibility Standards.

(b)

Siting. Buildings, structures and active outdoor recreational space shall be located the greatest distance from the noise source, taking maximum advantage of existing topographical features to minimize noise impact, and within zoning district requirements, such as required setbacks. Buildings and structures shall be oriented to minimize exposure to the noise source and building openings, such as windows, shall be located away from the noise source.

(c)

Design Consideration Regarding Noise. The amount of passive outdoor recreational space where individuals would be subject to noticeable or severe levels of noise shall be minimized.

TABLE 1: LAND USE COMPATIBILITY STANDARDS

AEO-Airport Environs Overlay District

(Ord. 1136-94.)

Article XVII. Flood Plain Development Regulations (Reserved)