The purpose of the Airport Restricted Area and Airport Development Zone overlays is to encourage and support the continued operation and vitality of the Newport Municipal Airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near the airport.

As used in this section, unless the context otherwise requires:

Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, including but not limited to land used for existing airport uses. Refers to the Newport Municipal Airport.

Airport Development Zone. An overlay zone that applies to land identified as being within the airport boundary on the "Property Map" identified as Sheet 16 of the Newport Municipal Airport Master Plan, prepared by WHPacific (dated February 2018).

Airport Elevation. The highest point of an airport's usable runway, measured in feet above mean sea level (with respect to the North American Datum of 1988 (NAVD-88)).

Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are established in relation to the airport and its runways. Imaginary areas are defined by the primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transition surface.

Airport Noise Impact Boundary. Areas within established noise contour boundaries exceeding 55 Average Day-Night Sound Level (DNL), as shown on the "Off-Airport Land Use Map" identified as Sheet No. 15.1 of the Newport Municipal Airport Master Plan, prepared by WHPacific (dated February 2018).

Airport Restricted Area. An overlay zone that applies to public and privately owned land within the airport imaginary surfaces.

Airport Sponsor. The City of Newport. The owner, manager, or other person or entity designated to represent the interests of an airport.

Approach Surface for Instrument Approaches. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

a.

2,000 feet for a utility runway having a non-precision instrument approach;

b.

3,500 feet for a non-precision instrument runway, other than utility, having visibility minimums greater than three-fourths statute mile;

c.

4,000 feet for a non-precision instrument runway, other than utility, having visibility minimums at or below three-fourths statute mile; and

d.

16,000 feet for precision instrument runways.

The approach surface extends for a horizontal distance of:

a.

5,000 feet at a slope of 20 feet outward for each foot upward for all utility runways;

b.

10,000 feet at a slope of 34 feet outward for each foot upward for all non-precision instrument runways, other than utility; and

c.

10,000 feet at a slope of 50 feet outward for each one foot upward, with an additional 40,000 feet at slope of 40 feet outward for each one foot upward, for precision instrument runways.

The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

Approach Surface for Visual Only Approaches. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

1.

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

a.

1,250 feet for a utility runway; or

b.

1,500 feet for a runway other than a utility runway.

2.

The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 feet outward for each foot upward.

3.

The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Department of Aviation. The Oregon Department of Aviation, formerly the Aeronautics Division of the Oregon Department of Transportation.

FAA. The Federal Aviation Administration.

FAA's Technical Representative. As used in this ordinance, the federal agency providing the FAA with expertise on wildlife and bird strike hazards as they relate to airports. This may include, but is not limited to, the USDAAPHIS-Wildlife Services.

Height. The highest point of a structure or tree, plant or other object of natural growth, measured from mean sea level (with respect to the North American Datum of 1988 (NAVD-88)).

Horizontal Surface. A horizontal plane of 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

1.

5,000 feet for all runways designated as utility.

2.

10,000 feet for all other runways.

3.

The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

Non-precision Instrument Runway. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach has been approved, or planned, and for which no precision approach facilities are planned or indicated on an FAA approved airport layout plan or other FAA planning document.

Obstruction. Any structure or tree, plant or other object of natural growth that penetrates an imaginary surface.

Other than Utility Runway. A runway that is constructed for and intended to be used by turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.

Precision Instrument Runway. A runway having an existing instrument approach procedure utilizing air navigation facilities that provide both horizontal and vertical guidance, such as an Instrument Landing System (ILS) or Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan or other FAA planning document.

Primary Surface for Instrument Approaches. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When a runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is:

1.

500 feet for utility runways having non-precision instrument approaches,

2.

500 feet for utility runways having non-precision instrument approaches, with visibility minimums greater than three-fourths statute mile, and

3.

1,000 feet for non-precision instrument runways with visibility minimums at or below three-fourths statute mile, and for precision instrument runways.

Primary Surface Visual Only Approaches. A surface longitudinally centered on a runway. When a runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When a runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is:

1.

200 feet for utility runways.

2.

500 feet for other than utility runways.

Public Assembly Facility. A permanent or temporary structure or facility, place or activity where concentrations of people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, churches, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops.

Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The RPZ extends from each end of the primary surface for a horizontal distance of:

1.

1,000 feet for utility runways.

2.

1,700 feet for other than utility runways having non-precision instrument approaches.

3.

2,500 feet for precision instrument runways.

Significant. As it relates to bird strike hazards, "significant" means a level of increased flight activity by birds across an approach surface or runway that is more than incidental or occasional, considering the existing ambient level of flight activity by birds in the vicinity.

Structure. Any constructed or erected object, which requires location on the ground or is attached to something located on the ground. Structures include but are not limited to buildings, decks, fences, signs, towers, cranes, flagpoles, antennas, smokestacks, earth formations and overhead transmission lines. Structures do not include paved areas.

Transitional Surfaces. Those surfaces that extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.

Utility Runway. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.

Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures, where no straight-in instrument approach procedures or instrument designations have been approved or planned, or are indicated on an FAA-approved airport layout plan or any other FAA planning document.

Water Impoundment. Includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land.

A.

Runway Protection Zone (RPZ). An area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The RPZ extends from each end of the primary surface for a horizontal distance of:

1.

1,000 feet for utility runways.

2.

1,700 feet for other than utility runways having non-precision instrument approaches.

3.

2,500 feet for precision instrument runways.

B.

Utility Runway Visual Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

1.

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

a.

2,000 feet for a utility runway having a non-precision instrument approach;

b.

3,500 feet for a non-precision instrument runway, other than utility, having visibility minimums greater than three-fourths statute mile;

c.

4,000 feet for a non-precision instrument runway, other than utility, having visibility minimums at or below three-fourths statute mile; and

d.

16,000 feet for precision instrument runways.

2.

The approach surface extends for a horizontal distance of:

a.

5,000 feet at a slope of 20 feet outward for each foot upward for all utility runways;

b.

10,000 feet at a slope of 34 feet outward for each foot upward for all non-precision instrument runways, other than utility; and

c.

10,000 feet at a slope of 50 feet outward for each one foot upward, with an additional 40,000 feet at a slope of 40 feet outward for each one foot upward, for precision instrument runways.

3.

The outer width of an approach surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end.

C.

Conical Surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

D.

Non-Precision Instrument Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

1.

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:

a.

2,000 feet for a utility runway having a non-precision instrument approach;

b.

3,500 feet for a non-precision instrument runway, other than utility, having visibility minimums greater than three-fourths statute mile;

c.

4,000 feet for a non-precision instrument runway, other than utility, having visibility minimums at or below three-fourths statute mile.

E.

Precision Instrument Approach Surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

1.

The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 16,000 feet for precision instrument runways.

F.

Transitional Surface. Those surfaces that extend upward and outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to the point of intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at a 90-degree angle to the extended runway centerline.

The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface are shown on the "Airport Airspace Plan (Part 77)" identified as Sheet 6 of the "Off-Airport Land Use Map" identified as Newport Municipal Airport Master Plan, prepared by WHPacific (dated February 2018) and Sheet 15.1 of the Newport Municipal Airport Master Plan, prepared by WHPacific (dated February 2018), which are made a part of this Ordinance. All lands, water and airspace, or portions thereof, which are located within these boundaries or surfaces shall be subject to the requirements of the Airport Restricted Area Zoning Overlay.

Except as otherwise provided herein, written notice of applications for land use or limited land use decisions, including comprehensive plan or zoning amendments, in an area within the Airport Restricted Area Zoning Overlay, shall be provided to the City of Newport in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications.

A.

Instrument Approaches.

1.

Notice shall be provided to the City of Newport when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 10,000 feet of the sides or ends of a runway.

2.

Notice of land use and limited land use applications shall be provided in the same manner, and at the same time that written notice of such applications is provided to property owners entitled to such notice.

3.

Notices required under this section for instrument approaches need not be provided to the City of Newport where the land use or limited land use application meets all of the following criteria:

a.

Would only allow structures of less than 35 feet in height; and

b.

Involves property located entirely outside the approach surface.

B.

Visual Only Approaches.

1.

Notice shall be provided to the City of Newport when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 5,000 feet of the sides or ends of a runway.

2.

Notice of land use and limited land us applications shall be provided in the same manner, and at the same time that written notice of such applications is provided to property owners entitled to such notice.

3.

Notices required under this section need not be provided to the City of Newport where the land use or limited land use application meets all of the following criteria:

a.

Would only allow structures of less than 35 feet in height; and

b.

Involves property located entirely outside the approach surface.

All uses permitted by the underlying zone shall comply with the height limitations in this section. When height limitations of the underlying zone are more restrictive than those of the Airport Restricted Area Zoning Overlay, the underlying zone height limitations shall control.

A.

Except as provided in subsections B and C of this section, no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface.

B.

For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, the City of Newport may authorize structures up to 35 feet in height.

C.

Variances to the height limitations of this section may be permitted when supported in writing by the City of Newport and the FAA. Applications for height variances shall satisfy criteria for a Variance as determined by the Planning Commission using a Type III decision-making procedure.

In addition to a land use application form with the information required in Section 14.52.080, an applicant seeking a land use or limited land use approval in an area within the Airport Restricted Area Zoning Overlay required to provide notice pursuant to Section 14.22.050, or seeking a variance to the height limitations outlined in Section 14.22.060, shall provide the following information in addition to any other information required in the permit application:

A.

A map or drawing showing the location of the property in relation to the airport imaginary surfaces. The Planning Department shall provide the applicant with appropriate base maps upon which to locate the property.

B.

Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level.

C.

If a height variance is requested, letters of support from the City of Newport and the FAA.

Applications for land use or building permits for properties within the boundaries of the Airport Restricted Area Zoning Overlay shall comply with the requirements of this chapter as provided herein.

A.

Outdoor Lighting. No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting.

B.

Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision.

C.

Industrial Emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility.

D.

Communications Facilities and Electrical Interference. Proposals for the location of new or expanded radio, radiotelephone, television transmission facilities, and electric transmission lines shall be coordinated with the ODOT Aeronautics Division to ensure that the use will not cause or create electrical interference with navigational signals or radio communications between an airport and aircraft.

E.

Limitations on Water Impoundments.

No new water impoundments of one-quarter acre or larger shall be allowed:

1.

Less than 5,000 feet from the end of a runway within an approach surface; and

2.

On land owned by the airport or airport sponsor where the land is necessary for airport operations, except where such impoundment is for a storm water management basin established by the airport.

F.

Prohibited Uses Within a Runway Protection Zone (RPZ). New residential development, schools, hospitals, nursing homes, theaters, auditoriums and other public assembly facilities are prohibited within the RPZ.

G.

Limitations on Landfills.

New landfills are prohibited within 10,000 feet of any airport runway.

A.

These regulations shall not be construed to require the removal, lowering or alteration of any structure not conforming to these regulations. These regulations shall not require any change in the construction, alteration or intended use of any structure, the construction or alteration, which was begun prior to the effective date of the Airport Restricted Area Zoning Overlay.

B.

Notwithstanding subsection A. of this section, the owner of any existing structure that has an adverse effect on air navigational safety as determined by City of Newport shall install or allow the installation of obstruction markers as deemed necessary by the City of Newport, so that the structures become more visible to pilots.

C.

No land use or limited land use approval or other permit shall be granted that would allow a nonconforming use or structure to become a greater hazard to air navigation that it was on the effective date of the Airport Restricted Area Zoning Overlay.

A.

Purpose. The purpose of the Airport Development Zone Overlay is to encourage and support the continued operation and vitality of Newport Municipal Airport by allowing certain airport-related commercial and recreational uses in accordance with state law.

B.

Application. The Airport Development Zone Overlay applies to land identified as being within the airport boundary on the "Property Map" identified as Sheet 16 of the Newport Municipal Airport Master Plan.

C.

Conformance with Airport Restricted Area Zoning Overlay. All uses, activities, facilities and structures allowed in the Airport Development Zone Overlay shall comply with the requirements of the Airport Restricted Area Zoning Overlay. In the event of a conflict between the requirements of the Airport Development Zone Overlay and the Airport Restricted Area Zoning Overlay, the requirements of the Airport Restricted Area Zoning Overlay shall control.

D.

Permitted Uses. The following permitted uses replace the permitted uses identified in the underlying zoning district:

1.

Customary and usual aviation-related activities, including but not limited to takeoffs and landings; aircraft hangars and tie-downs; construction and maintenance of airport facilities; fixed based operator facilities; a residence for an airport caretaker or security officer; and other activities incidental to the normal operation of an airport. Except as provided in this section, "customary and usual aviation-related activities" do not include residential, commercial, industrial, and other uses.

2.

Air passenger and airfreight services and facilities, at levels consistent with the classification and needs identified in the Oregon Department of Aviation Airport System Plan.

3.

Emergency medical flight services, including activities, aircraft, accessory structures, and other facilities necessary to support emergency transportation for medical purposes. Emergency medical flight services do not include hospitals, medical offices, medical labs, medical equipment sales, and other similar uses.

4.

Law enforcement and firefighting activities, including aircraft and ground-based activities, facilities and accessory structures necessary to support federal, state or local law enforcement or land management agencies engaged in law enforcement or firefighting activities. Law enforcement and firefighting activities include transport of personnel, aerial observation, and transport of equipment, water, fire retardant and supplies.

5.

Search and rescue operations, including aircraft and ground based activities that promote the orderly and efficient conduct of search or rescue related activities.

6.

Flight instruction, including activities, facilities, and accessory structures located at airport sites that provide education and training directly related to aeronautical activities. Flight instruction includes ground training and aeronautic skills training, but does not include schools for flight attendants, ticket agents or similar personnel.

7.

Aircraft service, maintenance and training, including activities, facilities and accessory structures provided to teach aircraft service and maintenance skills and to maintain, service, refuel or repair aircraft or aircraft components. "Aircraft service, maintenance and training" includes the construction and assembly of aircraft and aircraft components for personal use, but does not include activities, structures or facilities for the manufacturing of aircraft or aircraft related products for sale to the public.

8.

Aircraft rental, including activities, facilities and accessory structures that support the provision of aircraft for rent or lease to the public.

9.

Aircraft sales and the sale of aeronautic equipment and supplies, including activities, facilities and accessory structures for the storage, display, demonstration and sales of aircraft and aeronautic equipment and supplies to the public but not including activities, facilities or structures for the manufacturing of aircraft or aircraft related products for sale to the public.

10.

Crop dusting activities, including activities, facilities and structures accessory to crop dusting operations. Crop dusting activities include, but are not limited to, aerial application of chemicals, seed, fertilizer, defoliant and other chemicals or products used in a commercial agricultural, forestry or rangeland management setting.

11.

Agricultural and forestry activities, including activities, facilities and accessory structures that qualify as a "farm use" as defined in ORS 215.203 or "farming practice" as defined in ORS 30.930.

12.

Utilities and roads scaled to primarily serve the airport and airport related used, including water and sewer pump stations; water, sewer, and storm water conveyance systems; sewage disposal; electrical service and telecommunication service.

E.

Conditional Uses. The following conditional uses replace the permitted uses identified in the underlying zoning district:

1.

Aeronautic recreational and sporting activities, including activities, facilities and accessory structures at airports that support recreational usage of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight. Aeronautic recreation and sporting activities authorized under this paragraph include, but are not limited to, fly-ins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft; aeronautic flight skills contests; and gyrocopter flights, but do not include flights carrying parachutists or parachute drops (including all forms of skydiving).

2.

Flights carrying parachutists, and parachute drops including all forms of skydiving onto an airport, but only upon demonstration that the parachutist business has secured approval to use a drop zone that is at least ten contiguous acres. The configuration of the drop zone shall roughly approximate a square or a circle and may contain structures, trees, or other obstacles only if the remainder of the drop zone provides adequate areas for parachutists to land safely.

3.

Utility corridors for the express purpose of transmitting or transporting electricity, telecommunications, gas, water, sewer and similar services on a regional level.

4.

Aviation dependent or related commercial, industrial, or public uses not otherwise listed as permitted uses.

5.

Non-aviation related residential, commercial, industrial or public uses in areas designated for non-aeronautical use on the "On-Airport Land Use" map identified as Sheet 15.2 of the Newport Municipal Airport Master Plan, prepared by WHPacific (dated February 2018).

F.

Conditional Use Approval Criteria. In addition to the approval standards listed in Section 14.35.050, an application for a conditional use permit shall:

1.

Demonstrate that the uses will not create a safety hazard or otherwise limit existing and/or approved airport uses.