The purpose of the airport overlay district (AO) is to protect the health, welfare and safety, to avoid danger by lessening the chance of aircraft accidents, and to maintain land use compatibility in the areas influenced by airport operations. These purposes can be achieved by:

   A.   Minimizing exposure of residential and other sensitive land uses to aircraft overflight.

   B.   Avoiding dangers in aircraft overflight areas.

   C.   Allowing compatible land use within the area. (Ord. 12-12-04, 12-4-2012)

   A.   This chapter shall apply to all lands identified within the adopted airport plan of a publicly operated airport, and located within the county.

   B.   All land use applications affected by this chapter shall be reviewed and approved or denied as provided by this title and this chapter.

   C.   The boundaries of all airport influence areas and other areas shall be as identified on the adopted airport plan, and as provided to the county by the owner and/or operator of the airport as required by subsection 10-21-3A of this chapter. (Ord. 12-12-04, 12-4-2012)

   A.   It shall be the responsibility of the airport owner and/or operator to provide to the county planner/zoning administrator with the most current adopted airport plan.

   B.   Failure of the airport owner and/or operator to provide the county planner/zoning administrator with the most current adopted airport plan creates no obligation for the county land use authority, as applicable, to apply the provisions of this chapter.

   C.   Understanding subsection B of this section, the county land use may apply the provisions of this chapter when the land use authority finds it is in the best interests of the county, and its residents, to do so. (Ord. 12-12-04, 12-4-2012)

   A.   The airport plan for a publicly operated airport located within the county, and as adopted by the owner and/or operator, may include airport influence zones, and other areas, as provided for by the federal aviation administration ("FAA"). Such zones may include: 1) runway protection zone; 2) object free area; 3) runway safety area; 4) primary surface; 5) approach surface; 6) transitional surfaces; 7) horizontal and conical surfaces; and 8) critical zones.

   B.   The definition of airport influence zones, and other areas, shall be as contained in the adopted airport plan. In the event the adopted airport plan does not provide a definition, the definition as provided by the FAA shall apply. (Ord. 12-12-04, 12-4-2012)

If the owner and/or operator of a publicly operated airport provides the adopted airport plan to the county planner/zoning administrator, as required by section 10-21-3 of this chapter, the county planner/zoning administrator shall provide notice to the owner and/or operator, complying with the notice requirements of chapter 13, "Notice Requirements", of this title, when a land use application, affected by this chapter, is first presented to the county land use authority for review and decision. (Ord. 12-12-04, 12-4-2012)

   A.   The land use authority, as applicable, in reviewing an application, shall consider the adopted airport plan, and its associated airport influence zones, and other areas. The land use authority shall consider information provided by the FAA and owner and/or operator of the airport. In considering an application, no use or structure shall be authorized that:

      1.   Creates electrical interference with navigational signals or radio communication between the airport and aircraft;

      2.   Makes 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 creates a hazard or endangers the landing, takeoff, or maneuvering of aircraft intending to use the airport.

   B.   In reviewing an application, the land use authority, as applicable, may impose reasonable requirements and conditions designed to achieve the purposes of this chapter and this section. Such reasonable requirements and conditions may include, but are not limited to:

      1.   Uses.

      2.   The location of all buildings and structures.

      3.   Building or structure height.

      4.   Building materials.

      5.   Building and site lighting.

      6.   Signage.

      7.   Site and building access.

      8.   Fencing.

      9.   Location of all utilities and associated facilities including water, sewer, power, gas, and telephone.

      10.   Requiring fair disclosure statements and/or avigation easements. (Ord. 12-12-04, 12-4-2012)

This chapter is considered reasonable to achieve the purposes of this title. This chapter does not create a liability on the part of or a cause of action against the county, or any officer or employee of the county for any damages that may result directly or indirectly from reliance on this chapter. (Ord. 12-12-04, 12-4-2012)