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Douglas County Unincorporated
City Zoning Code

PART 19

CENTENNIAL AIRPORT REVIEW AREA OVERLAY DISTRICT

§ 1-1901 Intent.

To reduce exposure of residential and other sensitive land uses to aircraft operations and their potential impacts, including noise; to reduce risks to public safety from aircraft accidents; and to discourage traffic congestion and incompatible land uses proximate to, and within, airport review areas.

§ 1-1902 Definitions.

CENTENNIAL AIRPORT REVIEW AREA (CARA)
An overlay district intended to allow for compatible land-use planning in the vicinity of Centennial Airport. The overlay district includes three components: safety zones, noise zones, and height zones as depicted in Figure 19-1.
FAN SAFETY ZONE (FSZ)
The land area to the west of Runway 17R/35L which is primarily used by smaller planes for touch and go training procedures at Centennial Airport. It is a restricted building area where the probability is greater for aircraft accidents due to the proximity of the airport and aircraft flight paths. (Refer to Figure 19-2 for illustration of dimensions.)
FEDERAL AVIATION ADMINISTRATION (FAA)
The federal agency responsible for administration and policies related to aviation activity in and around the nation's airports, as well as protection of airspace between airports, including commercial service (Denver International Airport) and general aviation airports (Centennial Airport).
HEIGHT ZONE
Building heights and heights of other structures may be restricted within the height zone depicted in Figure 19-3.
NOISE MITIGATION ZONE (NMZ)
Surrounds the noise sensitive zone and requires noise mitigation for specific land uses as identified in Part 19. (See Figure 19-1 for the location of this zone.)
NOISE SENSITIVE ZONE (NSZ)
The inner zone, closest to the airport runways, that restricts certain uses as identified in Figure 19-1.
NOISE ZONE
Areas where restrictions are placed on land surrounding the airport due to the proximity of the airport and its associated noise. There are two components of the noise zone: the noise sensitive zone and the noise mitigation zone.
RUNWAY SAFETY ZONE (RSZ)
Covers land that follows extended centerline of Centennial Airport's three runways (the two north-south runways, 17L/35R, 17T/35L, and the east-west runway, 10/28) and designates a restricted building area where the probability is greater for aircraft accidents due to the proximity of the airport and aircraft flight paths. (Refer to Figure 19-2 illustration of dimensions and Part 19 for restricted uses.)
SAFETY ZONE
Restricted building areas in the vicinity of Centennial Airport, where the probability is greater for aircraft accidents due to the proximity of the airport and aircraft flight paths. There are two types of safety zones, the fan safety zone and the runway safety zone. (See definitions in this section.)

§ 1-1903 Nature of District.

The Centennial Airport Review Area — Overlay District shall be applied as a supplemental regulation of areas contiguous to or near Centennial Airport which would be significantly impacted by air traffic, noise or any hazard related to the operation of an aviation facility. The restrictions and requirements of this district are supplemental to those of the underlying zone district.

§ 1-1904 Jurisdiction.

The regulations set forth in this section shall apply to those lands within and around Centennial Airport as depicted on the Centennial Airport Review Area — Overlay District Map (Figure 19-1). These regulations shall supersede any inconsistent or conflicting underlying zoning regulation.

§ 1-1905 Nonconforming Structures or Uses.

1. 
These regulations do not require the removal, lowering, or discontinuance of any structure or object of natural growth not conforming to this section as of its effective date.
2. 
These regulations do not require any change in the construction, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section and which is pursuant to a building permit issued by Douglas County; provided, however, that when the nonconforming structure is destroyed or damaged to the extent of more than 50% of the appraised value of the nonconforming structure, any reuse, reconstruction or replacement shall be deemed a new use and shall be subject to the applicable provisions of these regulations.

§ 1-1906 Land Use Restrictions.

[6/14/2006; 4/28/2009]
The Centennial Airport Review Area. The Overlay District Map shows the airport review area which consists of all noise, height, and safety zones in the vicinity of Centennial Airport. Land-use restrictions in each of the noise zones and safety zones are listed below. In addition, Table 19-1, located herein, describes specific restrictions and requirements within safety zones and noise zones. Figure 19-2 illustrates the dimensions of the runway safety zones and fan safety zone.
1. 
Safety Zones. Listed below are land-use restrictions for designated zones:
A. 
Runway Safety Zone (RSZ) allowed uses: cemeteries, parking areas, golf courses, agricultural, extractive land uses, parks, trails, and outdoor storage excluding aboveground storage of highly flammable or hazardous materials.
B. 
Fan Safety Zone (FSZ) allowed uses:
(1) 
Industrial uses, including warehousing and distribution, and uses allowed in the RSZ.
(2) 
All uses permitted prior to adoption of this section, provided that Site Improvement Plans show clustering of buildings, orientation of parking areas towards the airport, and buildings constructed of concrete or similar highly durable material with reduced window space facing the airport.
2. 
Noise Zones. Listed below are land use restrictions for the designated noise zone:
A. 
Noise Sensitive Zone (NSZ):
(1) 
Allowed uses are: hotels and motels; office; commercial, including retail; industrial, including warehousing and distribution; and low-intensity activities such as cemeteries, parking areas, golf courses, agriculture, and extractive land uses.
(2) 
Residential uses, and other noise sensitive uses as described in Table 19-1 are not allowed in the noise sensitive zone.
(3) 
All rooms intended for sleeping purposes in hotels and motels shall be insulated with the use of suitable building materials, appropriate construction methods, and building design, as provided in the International Building Code as adopted and amended by Douglas County.
B. 
Noise Mitigation Zone (NMZ):
(1) 
Allowed uses include all uses permitted by the underlying zoning, with the exception of outdoor amphitheaters.
(2) 
Sleeping quarters in hotels and motels, residential units, and other noise sensitive uses shall include noise attenuation with the use of suitable building materials, appropriate construction methods, and building design, as provided in the International Building Code as adopted and amended by Douglas County.
3. 
Height Limitations. Douglas County will conduct a review of proposed development within the height zone as depicted on Figure 19-3.
A. 
If the County determines that the proposal does not exceed the surface elevation depicted on Figure 19-3, the proposed construction or alteration will be permitted, subject to other applicable regulations.
B. 
If the County determines that the proposed development exceeds the surface elevation depicted on Figure 19-3, the applicant shall notify the FAA utilizing Form 7460. Any mitigation measures recommended by the FAA may be required.
C. 
If the FAA, following its review, determines that the proposal is a hazard to air navigation or human health and welfare, the proposed development may be prohibited.

§ 1-1907 Avigation Easement.

[3/28/2001]
1. 
For all development within the CARA, the following statement shall be placed on the Site Improvement Plan, and/or final plat.
Owner waives, remises, and releases any right or cause of action it may now have or which it may have in the future against the County of Douglas, its officers, employees, and agents related to or resulting from the passage of aircraft in the airspace above the property that is the subject of this (Site Improvement Plan, final plat, minor development plat).
2. 
An avigation easement in a form established by the Board of County Commissioners, signed by the landowner, recorded in the Office of the County Clerk and Recorder, and a note on all final plats and Site Improvement Plans, including the book and page of the recorded easement, shall be required, for property located within the Runway Safety Zone and Fan Safety Zone, as defined herein. (See Appendix C.)

§ 1-1908 Aircraft - Wildlife Strike Hazards.

Use of land which encourages large concentrations of birds or waterfowl such as sewage plants, large open ponds and reservoirs, shall be discouraged within 10,000 feet of airport runways. Landfills are prohibited within 10,000 feet of airport runways. Adequate mitigation measures may be required as advised by a wildlife biologist specializing in resolving aircraft-wildlife conflicts.
Table 19-1 Airport Land-Use Zones
[4/28/2009]
Land Use
Noise Mitigation Zone
Noise Sensitive Zone
Runway Safety Zone
Fan Safety Zone
Single, multifamily residential, and the following noise sensitive uses: school K-12, library, hospital, nursing home, civic assembly use including place of worship, auditorium, concert hall, indoor arena
Yes1
No
No
No
Outdoor amphitheater
No
No
No
No
Outdoor sports arena, playground
Yes
No
No
No
Hotel, motel
Yes1
Yes1
No
No
Office, commercial, retail
Yes
Yes
No
No2
Industrial including warehousing and distribution
Yes
Yes
No
Yes2
Cemetery, parking, golf course, agriculture and extractive land use, parks, trails, and outdoor storage
Yes
Yes
Yes
Yes
Aboveground storage of highly flammable or hazardous materials
Yes
Yes
No
No
Yes — use not prohibited by this section
No — use prohibited by this section
Notes:
(1)
Noise attenuation with the use of suitable building materials, appropriate construction methods, and innovative building design, as provided in the International Building Code as adopted and amended by Douglas County.
(2)
All uses within FSZ permitted prior to adoption of this section shall be allowed, provided that Site Improvement Plans show clustering of buildings, orientation of parking areas towards the airport, and buildings constructed of concrete or similar highly durable material with reduced window space facing the airport.