The intent of this article is to create an Airport Protection Overlay Zone to:

   A.   Protect the health and safety of the residents of the City from aircraft using the Fillmore Municipal Airport by minimizing dangers to aircraft and lessening the chance of aircraft accidents; and

   B.   Protect the Fillmore Municipal Airport from incompatible or conflicting land uses. The above shall be accomplished by:

      1.   Minimizing exposure of residential and other sensitive land uses to aircraft overflight areas;

      2.   Avoiding dangers in aircraft overflight areas, encouraging compatible land use within the area;

      3.   Restricting noncompatible land uses within the Airport Influence Area. For purposes of this article, noncompatible land uses are described as:

         a.   Residential and other noise sensitive uses in close proximity to the airport;

         b.   Congregations of people in approach and departure areas to protect people and property on the ground;

         c.   Manmade and natural structures that interfere with flight and that create dangers greater than existing land uses;

         d.   Land uses which may be affected by vibrations or fumes from aircraft operations; and

         e.   Uses of land on the airport grounds that interfere with areas needed for aviation related activities. (Ord. 19-07, 9-3-2019)

The purpose of this Overlay Zone is to protect public health and safety by minimizing dangers to aircraft, to help avoid danger by lessening the chance of aircraft accidents and to maintain land use compatibility in the areas influenced by airport operations. Uses should consider the factors of airport operations, overflight exposure and density of proposed development. A special mandatory review process may be required for land use change proposals in the Airport Influence Area District that will determine compatibility with this Airport Protection Overlay District. These review processes are required in runway protection zones, runway approach surfaces and extended approach surfaces ("landing path areas") as shown on the current City Off-Airport Land Use Plan, which is incorporated herein by reference. In areas of the Airport Influence Area outside the landing path areas, land use change proposals shall be reviewed by the City. Aviation easements for development and building may be required in the Airport Protection Overlay District depending upon the nature and magnitude of the proposed development. Aviation easements will be required to be signed by the owner of property before construction begins in the runway protection zones and the runway approach surfaces as shown on the City Off-Airport Land Use Plan. New construction in the Airport Influence Area will require fair disclosure notices to be signed by the owner of the property before construction begins. (Ord. 19-07, 9-3-2019)

   A.   Jurisdiction: This article shall apply to all lands within or around the airport which would be impacted by air traffic, overflight or any hazard related to the operation and maintenance of an airport facility whose operation may increase or whose fleet mix of aircraft may change.

   B.   Boundaries: The approximate boundaries of all established Airport Influence Areas and landing path areas shall be as they appear on the current Off-Airport Land Use Plan, the City Municipal Airport Layout Plan, which is incorporated herein by reference, or other maps or documents approved by the City.

   C.   Warning And Disclaimer Of Liability: The degree of protection provided by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This article does not imply that areas outside of the Airport Influence Area will be totally free from hazards, nor shall this article create a liability on the part of or a cause of action against the City, or any officer or employee thereof, for any damages that may result directly or indirectly from the reliance on this article. (Ord. 19-07, 9-3-2019)

No use may be made of land within the designated Airport Influence Area District in such a manner as to create bird attractants, electrical interference with radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, cause glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft at the airport or in the vicinity of the airport. Review of land use proposals and/or changes shall utilize the Airport Overlay District boundaries and their relationship to airport operations. (Ord. 19-07, 9-3-2019)

No building or land shall be used and no building shall hereafter be erected, converted or structurally altered unless otherwise provided for herein, with the exception of one or more of the following uses:

   A.   Construction: The regulations prescribed in this article shall not be construed to: 1) require the removal, lowering or other changes or alteration of any structure or object of natural growth not conforming to this article as of the effective date hereof; or 2) otherwise interfere with the continuance of any nonconforming use or noncomplying structure, except as to a requirement for markers or lights for safety purposes, as set forth below;

   B.   Changes: Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date hereof and is diligently prosecuted; provided, however, that when the noncomplying structure is damaged or destroyed, the reconstruction, rebuilding or replacement of such structure shall be subject to section 10-13-6 of this title;

   C.   Markers, Lights: The owner of any noncomplying structure or object of natural growth, under this article, in order to maintain such noncomplying structure or object natural growth, is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Planning and Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of such noncomplying structures or objects of natural growth. Such markers and lights shall be installed, operated and maintained at the expense of the City. (Ord. 19-07, 9-3-2019)

The Airport Influence District will require certain special limitations on land use as follows:

   A.   Height Limitations: Height limitations within the Airport Influence Area District, except as otherwise provided in this article, are subject to the recommendations of the City which may consult with other appropriate agencies to develop such recommendations. Except as may otherwise be allowed in this article, no structure or object of natural growth shall be constructed, erected, altered, allowed to grow, or to be maintained in excess of height limits and airport related zones herein established.

   B.   Notice Of Proposed Construction And Alteration Form: Submission of a notice of proposed construction and alteration (FAA form 7460-1) and subsequent approval from the Federal Aviation Administrator shall be required for the City to issue a permit for the construction or alteration of any structure penetrating a 100:1 foot plane located within twenty thousand feet (20,000') from any runway, except as allowed in section 10-12A-7 of this article. Receipt of FAA form 7640-9, Determination of No Hazard for any structure, is required before issuing a building permit, unless the foregoing plane is not penetrated or the foregoing heights are complied with.

   C.   FAR Part 77 Imaginary Surface Limitations: Imaginary surface limitations as prescribed by Federal Aviation Regulation Part 77, within the Airport Influence Area Overlay District include all land and air space within the area which would be hazardous to air navigation. These limitations represent areas above imaginary surfaces and are designed to regulate the height of structures and trees in the airport vicinity. They are set forth by the FAA in the Federal Aviation Regulations Part 77. All of the surface limitation categories listed below have their dimensions given in the FAA approved Fillmore Municipal Airport Layout Plan adopted and dated March 2006.

      1.   Runway Protection Zone: A runway protection zone (RPZ) is trapezoidal in shape and centered about the extended runway centerline. The RPZ is the land at ground level that begins two hundred feet (200') beyond the end of each runway.

      2.   Object Free Area: The object free area (OFA) is a two- dimensional ground area surrounding runways, taxiways and taxi lanes, which is clear of all objects except those whose location is fixed by function and excepted by the FAA.

      3.   Runway Safety Area: A defined surface area surrounding the runway prepared or suitable for reducing the risk of damage to airplanes.

      4.   Primary Surface: A Part 77 airport surface longitudinally centered on a runway. The primary surface extends two hundred feet (200') beyond the paved surface end.

      5.   Approach Surface: A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. Refer to the Fillmore Municipal Airport Layout Plan (ALP) drawings for the airport to determine the approach surfaces and slopes.

      6.   Transitional Surfaces: The transitional surfaces are located on both sides of the approach and primary surfaces. These surfaces extend outward and upward at right angles to the runway centerline and runway centerline extended, at a slope of seven feet (7') horizontal for every one foot (1') vertical rise from the sides of the primary and approach surfaces, until it reaches one hundred fifty feet (150') above the highest point on any runway (airport elevations).

      7.   Horizontal And Conical Surfaces: These are the upper aeronautical surfaces surrounding an airport that are used by aircraft for turning and maneuvering in close proximity to the airport preceding landing and immediately after takeoff.

   D.   Land Use Limitations: To assume the protection of the public from overflight impacts and hazards associated with flying operations, and to comply with FAR Part 77, all uses shall be evaluated by the City and approved according to the conditions of this article.

      1.   Special Criteria Areas (Zones) Within The District:

         a.   Horizontal And Conical Surfaces Zone: Exposure to airport overflight is considered minimal, but increases as the runway ends are approached. Residential construction should be limited to low density development. The siting of public facilities, such as hospitals, schools, churches, etc., or noise sensitive development near runway approaches, should be discouraged.

         b.   Approach Surface Zone: Exposure to airport noise is considered moderate. Residential and public facilities should be carefully reviewed in this zone for compatibility with airport operations. Residential and public facilities that are not compatible with airport operations shall be prohibited in the approach surface zone. Nonresidential development should be restricted as to density and should only be approved provided noise attenuation measures are incorporated into facility design. Aviation easements are recommended for all new buildings and developments and fair disclosure notices shall be filed with each new building or development.

         c.   Runway Protection Zone: All land in this zone should be kept clear of any structures. Land use in this area should be restricted to open space or agriculture.

         d.   Critical Zones:

            (1)   Areas two thousand feet (2,000') wide extending five thousand feet (5,000') horizontally from a point two hundred feet (200') from each end of visual runways.

            (2)   Areas four thousand feet (4,000') wide extending ten thousand feet (10,000') horizontally from a point two hundred feet (200') from each end of instrument runways.

Due to overlapping concerns of the above zones, the critical zones require that no use may be made or activity carried on land within this zone in a manner as to:

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

            (2)   Make it difficult for pilots to distinguish between airport lights and other lighting;

            (3)   Result in glare in the eyes of pilots using the airport;

            (4)   Impair visibility in the vicinity of the airport; or

            (5)   Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.

      2.   Fair Disclosure Statement: Fair disclosure statements serve to notify prospective buyers of property near airports that they may be exposed to potentially impactive levels of aircraft overflight. These statements in no way abrogate an individual's right to take later action against the airport, but they at least give buyers a fair warning. These statements may also limit the height of natural growth to the height specified therein.

      3.   Aviation Easement: An aviation easement is a nonpossessory property interest in airspace over a land parcel or portion of land. It is a legally developed document obtained by an airport to cover items such as the right of flight, right to remove obstructions, etc., but not necessarily to the extent of prohibiting the use of land within the limits of the rights obtained. (Ord. 19-07, 9-3-2019)

Notwithstanding the above, outside the landing path areas and subject to all other limitations on heights of structures and objects of natural growth contained in this article, the following heights are allowed for new structures and objects of natural growth in the Airport Influence Area without requiring submission of a notice of proposed construction or alteration to the FAA (FAA form 7460-1):

   A.   New Structures: New structures may be built to a height of forty five feet (45') from the ground level of the lowest point of the building lot;

   B.   Natural Growth: Objects of natural growth are allowed to a height of sixty five feet (65') above the ground at the place the object of natural growth emerges from the ground; and

   C.   Less Restrictive: The heights for structures or objects of natural growth allowed in section 10-12A-6 of this article, if less restrictive. (Ord. 19-07, 9-3-2019)

A disclosure statement, substantially in the form of the statement below, shall be provided to and signed by each purchaser of property within the Airport Influence Area when required by this article. The signed statement will then be affixed by the seller to the agreement of the sale.

   CERTIFICATION

(Ord. 19-07, 9-3-2019)

An aviation and hazard easement, substantially in the form shown below, shall be provided to and signed by each purchaser of property within the Airport Influence Area when required by this article. Such easement shall be recorded in the County Recorder's Office:

(Ord. 19-07, 9-3-2019)