O Fallon City Zoning Code
AIRPORT OVERLAY
GENERALLY
§ 157.315 AIRPORT OVERLAY (“AO”) DISTRICT ESTABLISHED.
There is hereby established a zoning district, entitled Airport Overlay (“AO”) District, including sub-area districts, with the expressed intent to provide for uses and unique design requirements for lands adjacent to and within runway protection zones, accident potential zones, airspace zones and noise zones for the environs of Scott Air Force Base and the MidAmerica St. Louis Airport.
(Prior Code, § 158.315) (Ord. 3718, passed 6-20-2011)
§ 157.316 PURPOSE.
The purpose of the Airport Overlay (“AO”) District is to establish land use controls that promote and protect the public health, safety, comfort and general welfare, and including:
(A) To provide for and protect the long-term mission, operation and viability of Scott Air Force Base (“AFB”) and MidAmerica St. Louis Airport from hazardous, injurious and/or other conditions that could adversely affect airport operations and safety and/or that would be incompatible with airport operations and functions;
(B) To protect the use, enjoyment and values of land and development in the airport environs from injurious and hazardous conditions and incompatibility of uses;
(C) To promote proper land use arrangement and development, public and private services and facilities, and a desirable environment to achieve and sustain physical, social and economic activities, which are compatible with Scott AFB and MidAmerica St. Louis Airport;
(D) To provide standards for new or redeveloped buildings within the noise attenuation zone to be constructed with materials and in such manner that aircraft noise be reduced by the structure to an interior level that has no adverse impact on the health, safety and general welfare of the residents;
(E) To maintain an open process of regional coordination, negotiation and interpretation of airport influence districts and cooperation with other affected local governments to achieve these goals;
(F) To inform citizens in the vicinity of Scott AFB and MidAmerica St. Louis Airport of the potential impacts of airport influence districts on the use of their properties; and
(G) To preserve the economic development potential that Scott AFB and MidAmerica St. Louis Airport brings to the area.
(Prior Code, § 158.316) (Ord. 3718, passed 6-20-2011)
§ 157.317 INTERPRETATION.
(A) Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Except as otherwise specifically defined below for purposes of this chapter, definitions generally applicable within this chapter shall apply herein.
(B) Nothing contained within this chapter shall be construed as or applied to be substantially inconsistent with an airport approach plan adopted by IDOT Division of Aeronautics, pursuant to 620 ILCS 25/12.
(Prior Code, § 158.317) (Ord. 3718, passed 6-20-2011)
§ 157.318 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCIDENT POTENTIAL ZONES (“APZ”). As applied to military airfields, those areas which are identified as being significantly impacted by accident potential from aircraft. APZ-1 is an area normally beyond the Clear Zone that possesses a significant potential for accidents. APZ-2 is an area normally beyond APZ-1 that has a measurable potential for accidents. Both the APZ-1 and APZ-2 are the same width as the Clear Zone. APZ-1 extends from the Clear Zone an additional 5,000 feet. APZ-2 extends from APZ-1 an additional 7,000 feet.
AIR FORCE. The United States Air Force as represented by the Base Community Planner for Scott Air Force Base or such other designee.
AIR INSTALLATION COMPATIBLE USE ZONE (“AICUZ”). A study conducted by the Air Force to evaluate the effect on noise and accident potential on surrounding property and to promote compatible land use that reduces the risks to public health and safety.
AIRPORT. Any area of land or water that is designed and set aside for the landing and taking off of aircraft and related use associated with Scott Air Force Base or MidAmerica St. Louis Airport and utilized or to be utilized in the interest of the public for such purposes.
AIRPORT ENVIRONS. The geographic area that is affected by the airport air traffic operations and defined on the basis of those areas immediately affected by noise exposure, Clear Zones, Civilian Clear Zones, Runway Protection Zones, APZ-1 and APZ-2 areas, CPZ-1 and CPZ-2 areas, height hazard zones and areas of airport influence property. These areas constitute the Airport Overlay (“AO”) District established in this chapter.
AIRPORT HAZARD. Any structure or object of natural growth or use of land within the airport environs that obstructs the air space required for the flight of taking off, maneuvering or landing at an airport or which is otherwise hazardous to such landing or taking off of aircraft.
AIRPORT HAZARD AREA. Any area of land or water, or both, upon which an airport hazard might be established if not prevented by this chapter.
CIVILIAN CLEAR ZONE (“CCZ”). A defined area extending outward from the end of each runway of MidAmerica St. Louis Airport. The CIVILIAN CLEAR ZONES are considered an area of high accident potential. The Clear Zone starts at the end of the runway and extends outward 3,000 feet at a width of 3,000 feet.
CIVILIAN PROTECTION ZONES (“CPZ”). As applied to civilian airfields, those areas which are identified as being significantly impacted by accident potential from aircraft. CPZ-1 is an area normally beyond the Civilian Clear Zone that possesses a significant potential for accidents. CPZ-2 is an area normally beyond CPZ-1 that has a measurable potential for accidents. Both the CPZ-1 and CPZ-2 are the same width as the Civilian Clear Zone. CPZ-1 extends from the Civilian Clear Zone an additional 5,000 feet. CPZ-2 extends from CPZ-1 an additional 7,000 feet.
CLEAR ZONE (“CZ”). A defined area extending outward from the end of each runway of Scott Air Force Base. The CLEAR ZONES are considered an area of high accident potential. The CLEAR ZONE starts at the end of the runway and extends outward 3,000 feet at a width of 3,000 feet.
DECIBEL (“DB”). A unit for measuring the relative loudness of sound or sound pressure equal approximately to the smallest degree of difference of loudness or sound pressure ordinarily detectable by the human ear, the range of which includes about 130 decibels on a scale beginning with one for the faintest audible sound.
DECIBEL A-WEIGHTED SCALE (“DBA”). The unit of noise level measured in accordance with the “A-weighted scale” which replicates the response characteristics of the ear. This scale is a quantity, in decibels, read from a standard sound-level meter with A-weighting circuitry. The A-space weighting discriminates against lower frequencies according to a relationship approximating, and more accurately reflecting the auditory sensitivity and response of the human ear. The A-scale sound level measures approximately the relative “noisiness” or “annoyance” of common sounds.
DEVELOPMENT APPLICATION. Any request to the local governing body for rezoning, subdivision (major or minor), zoning variance, permit for a non-conformity, final site plan approval, special use permits, sign permits for freestanding or illuminated signs, mobile home permits or in the case of building permits, permits to increase the existing square footage by 50% or more or over 35 feet in height or permits otherwise determined by the Director to have any potential impact within the District intended to be addressed by this chapter. A request to approve a change to the future land use map of the approved comprehensive plan shall also be considered a DEVELOPMENT APPLICATION within this section.
DIRECTOR. The Director of Community Development or other designee as the staff person assigned to administer, interpret and implement the standards, criteria and procedures of this Zoning Code for their respective elected bodies.
DNL. Day night level. See LEVEL, DAY NIGHT SOUND LEVEL (“Ldn”). Acoustical industry standards often use the abbreviations DNL and Ldn interchangeably.
ELECTRONIC DISPLAY SIGNS. Signs that show changeable copy, graphic displays or video displays.
FEDERAL AVIATION ADMINISTRATION (“FAA”). The federal agency responsible for the safety of civil aviation and the regulation of United States commercial space transportation.
HEIGHT, AIRPORT. In the airport environs, for purpose of determining the height of any structure, tree or other object, including communication towers, the height is the elevation above mean sea level (“MSL”). For calculation purposes, this is the sum of the elevation of the site and the height of the structure, including any appurtenances.
LEVEL, DAY NIGHT SOUND LEVEL (“LDN”). A basic measure for quantifying noise exposure. The day/night average level, or the 24-hour equivalent continuous sound level (time averaged A- weighted sound level) from 12:00 a.m. to 12:00 a.m., obtained after the addition of ten dBA to sound levels measured from 10:00 p.m. to 7:00 a.m.
NIT. A unit of visible-light intensity, commonly used to specify the brightness of a cathode ray tube or liquid crystal display computer display. One NIT is equivalent to one candela per square meter.
NOISE CONTOUR. A line on the AO-4 map linking together a series of points of equal cumulative noise exposure based on the day/night average level (“Ldn”) measurement. 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.
NOISE LEVEL REDUCTION (“NLR”). Amount of noise reduction required through construction and incorporation of sound attenuation material to reduce interior noise level. The difference between the exterior and interior sound level, expressed in decibels.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, commanding officer of any local military base or any other legal entity having legal or equitable title to or sufficient proprietary interest in or to any property subject to this Zoning Code.
PARTICIPATING LOCAL GOVERNMENTS. The coordinating local governments in the county participating in the RAB and adopting an Airport Overlay Code substantially in the form of or consistent with this chapter.
PRIMARY SURFACE. A ground surface longitudinally centered on the runway. The dimensions and limits of the primary surface shall be those prescribed in Department of Defense (“DoD”) height and obstruction criteria for Scott AFB and in “Federal Aviation Regulation” (“FAR”) 14 C.F.R. pt. 77 for MidAmerica St. Louis Airport.
RUNWAY. A defined area on an airport or airfield prepared for landing and takeoff of aircraft along its length. For purposes of this chapter and compliance with other applicable laws, the RUNWAYS of Scott Air Force Base or MidAmerica St. Louis Airport shall be considered PRECISION INSTRUMENT RUNWAYS unless otherwise hereinafter designated.
RUNWAY PROTECTION ZONE (“RPZ”). An area off the runway end of a civilian airport designated by the FAA to enhance the protection of people and property on the ground.
SLUCM. The “Standard Land Use Coding Manual”, which provides a general numeric coding scheme that uses two, three, four or more digits to identify land use activities and allow for the flexible categorization of new land uses.
SOUND ATTENUATION. The reduction in sound level which occurs between the source and the receiver.
SOUND LEVEL.
(1) The level of sound pressure measured with a sound level meter and one of its weighing (frequency) networks.
(2) When A-weighting is used, the SOUND LEVEL is expressed as dBA.
SOUND TRANSMISSION CLASS (“STC”).
(1) An integer rating of how well a building partition attenuates airborne sound.
(2) In the United States, it is widely used to rate interior partitions, ceilings/floors, doors, windows and exterior wall configurations
STRUCTURE. Any object whether permanent or temporary, including, but not limited to, a building, tower, crane, smokestack, earth formation, overhead transmission line or flagpole; to also include mobile and tethered objects.
(Prior Code, § 158.318) (Ord. 3718, passed 6-20-2011)
§ 157.319 ACRONYMS.
AFB. Air Force Base.
AICUZ. Air Installation Compatible Use Zone.
APZ. Accident Potential Zone.
CCZ. Civilian Clear Zone.
CZ. Clear Zone.
CPZ. Civilian Protection Zone.
dB. Decibels.
dBA. Weighted decibels.
DoD. Department of Defense.
FAA. Federal Aviation Administration.
IDOT. State Department of Transportation.
Ldn. Day-night sound level.
NLR. Noise level reduction.
RAB. Regional Advisory Board.
RPZ. Runway Protection Zone.
SLUCM. “Standard Land Use Coding Manual”.
STC. Sound transmission class.
(Prior Code, § 158.319) (Ord. 3718, passed 6-20-2011)
§ 157.320 GENERAL USE RESTRICTIONS.
Notwithstanding any other provisions of this chapter, no use whether permitted in the underlying zoning district, or by planned use, special use permit or otherwise, may be made of land or water within the Airport Overlay (“AO”) District so as to:
(A) Create electrical interference with navigational signals, radar or radio communications between Scott Air Force Base and MidAmerica St. Louis Airport and the aircraft;
(B) Cause confusion or otherwise make it difficult for pilots to distinguish between airport lights and other lights;
(C) Result in glare in the eyes of the pilots using the airport;
(D) Impair visibility of the airport;
(E) Emit or discharge smoke (e.g., exhaust from a smoke stack) that interferes with the health and safety of pilots and the public in the use of the airport, or that is otherwise detrimental or injurious to the health, safety and general welfare of the public in the use of the airport;
(F) Emit thermal discharge (e.g., steam from a power plant) that interferes with the pilot’s vision in the use of the airport;
(G) Cause significant air turbulence (e.g., exhaust from a peaker plant) where aircraft limit loads may be exceeded;
(H) Cause any other kind of emission that may cause a safety of flight issue;
(I) Create a bird or wildlife strike hazard that in any way endangers or interferes with the landing, takeoff or maneuvering of aircraft using or intending to use the airport;
(J) Create a vertical obstruction that physically intrudes on protected airspaces around the airport; and
(K) Concentrate people within zones to unduly expose them to noise or aircraft accident risk.
(Prior Code, § 158.320) (Ord. 3718, passed 6-20-2011)
§ 157.321 ADMINISTRATION AND ENFORCEMENT.
(A) General. The Director is hereby granted the authority to issue clarification and interpretation of this chapter and the items and uses set forth in the attached land use compatibility tables consistent with the intent and language of this chapter.
(B) Notification. The Director shall make reasonable efforts to provide notice to all persons filing a development application for in the AO District that the respective property is located either partially or wholly within the AO District, and may be subject to aircraft over-flight and the standards and requirements of this chapter.
(C) Field testing. When field inspection indicates that the construction is not in accordance with the approved plans, the Director may order such corrective action as may be necessary to meet the height and noise attenuation requirements, including, but not limited to, stop-work orders until such corrections are made.
(D) Inspections. Inspections of height and of noise attenuation work shall be performed during the required building construction inspection process.
(E) Penalties. Any person who violates this act or any orders, regulations or rulings promulgated or made pursuant to this chapter shall be subject to the penalties and enforcement procedures established in this chapter.
(Prior Code, § 158.321) (Ord. 3718, passed 6-20-2011) Penalty, see § 157.999
§ 157.322 STATE AIRPORT HAZARD ZONING REGULATIONS.
In the event of conflict between any “Airport Hazard Zoning Regulations” promulgated by IDOT Division of Aeronautics, pursuant to 620 ILCS 25/17, and contained at 92 Ill. Admin. Code pt. 16, and any airport zoning regulation set forth in this chapter or any other applicable regulations provided in this chapter, pursuant to 620 ILCS 25/18, the more stringent limitation or requirement shall govern and prevail.
(Prior Code, § 158.322) (Ord. 3718, passed 6-20-2011)
§ 157.323 DEVELOPMENT APPLICATION CONSULTATION PROCEDURES.
(A) The Director shall submit to the Air Force a copy of development applications for properties within the AO District as graphically shown on § 157.416 (process chart) and implemented as follows.
(1) AO-2 District. If the application or impact is on property within the AO-2 District, all development applications relating thereto, shall be sent to Scott AFB for review.
(2) AO-1, AO-3 and AO-4 Districts. If the application or impact is in an AO District sub-area other than the AO-2 District, development applications that meet one of the following criteria shall be sent to Scott AFB for review:
(a) Increase of an existing structure or construction of a new structure whose height is 100 feet or higher above the ground level of the runway. Towers, antennas, lighting, silos or any similar structures that are 100 feet above the ground level of the runway or higher shall be subject to review;
(b) Request for any outdoor lighting applications, temporary lighting, obstruction marking or lighting and illuminated signs that do not meet the lighting standards established within the AO-1 District lighting, § 157.353;
(c) Application for a human-made use that could attract high levels of birds or wildlife, such as retention ponds, roosting habitats on buildings, landscaping, putrescible-waste disposal operations, wastewater treatment plants and surface mining;
(d) Application for a use or permit that could create electrical interference with navigational signals or radio communications between Scott AFB and MidAmerica St. Louis Airport and aircraft, including emergency and public safety communications systems, power lines, transformers, television broadcast and radio transmitters and telecommunication towers; and
(e) Applications for a use or permit that could create air-borne emissions or materials limiting visibility such as smoke, steam, dust, gases or projectiles of any type.
(B) The Director shall send all appropriate development applications, as determined in division (A) above, to the Air Force for review. Applications can be mailed to:
Base Community Planner
375 CES/CEAO
702 Hangar Road, Bldg 56
Scott AFB IL 62225-5035
618-256-4270
(C) Optional Consultation with MidAmerica St. Louis Airport: for any development application within the Height Restriction Zone, Airport Overlay (“AO-3”) District or the Noise Zones, Airport Overlay (“AO-4”) District, the Director may choose to mail and/or email notice to the MidAmerica St. Louis Airport at:
Director, Engineering & Planning
MidAmerica St. Louis Airport
9756 Air Terminal Drive
Mascoutah, IL 62258
618-566-5200
(Prior Code, § 158.323) (Ord. 3718, passed 6-20-2011)
§ 157.324 REGIONAL ADVISORY BOARD.
(A) General. The state allows for the of eminent domain authority to resolve incompatible land uses in the environs of Scott Air Force Base and MidAmerica St. Louis Airport pursuant to 620 ILCS 25/33. To reduce the need for the use of eminent domain and to better coordinate airport zoning and planning, a Regional Advisory Board (“RAB”) is established. The purpose of the RAB is to review potentially incompatible development applications within a specific geography around Scott AFB and MidAmerica St. Louis Airport and provide comment to the applicable local government receiving the application.
(B) Established. The Regional Advisory Board (“RAB”) is hereby authorized and established as an advisory intergovernmental body to coordinate and review land use decisions in the AO-2 District. The RAB shall be deemed to exist immediately and shall include all qualified members similarly authorizing such establishment.
(C) Membership.
(1) The RAB shall consist of one representative from each of the following five entities, appointed by local governing authorities (“participating local governments”):
(a) St. Clair County;
(b) The City of Lebanon;
(c) The City of Mascoutah;
(d) The City of O’Fallon; and
(e) The Village of Shiloh.
(2) In addition, one Air Force representative and one representative of MidAmerica St. Louis Airport shall serve on the RAB as non-voting, ex-officio members.
(3) The RAB shall designate a chairperson among the five participating local government representatives to conduct meetings and coordinate with the Air Force on administrative support and the distribution of background materials. The RAB Chairperson shall rotate among the participating local government representatives every two years. In the event that any member fails to adopt authority for the RAB or subsequently withdraws from participation, the membership shall continue with the remaining authorized members.
(4) The representative on the RAB for the city shall be the Mayor, who may, from time to time, designate another person to attend meetings of the RAB and act on the RAB on behalf of the city.
(D) Meetings.
(1) The RAB shall meet if the Air Force renders an opinion that a development application subject to review under § 157.323 is incompatible.
(2) The RAB may also establish and publish a regular meeting schedule. Meetings shall be public. Special meetings may be called by the Chairperson.
(E) Rules.
(1) The RAB shall adopt operating procedures for the conduct of meetings and business of the RAB.
(2) The RAB shall adhere to the provisions of this chapter with regard to the review and approval of site development plans.
(3) The RAB shall keep a record of its transactions, findings and determinations, which record shall be a public record.
(F) Duties.
(1) The RAB shall review development applications and present an advisory finding to the local jurisdiction responsible for approval of applications in the geographic areas designated as AO-2 District.
(2) Any time the FAA, DoD or IDOT Division of Aeronautics amends, deletes or creates regulations affecting the standards set forth in this chapter, the RAB shall review such amended, deleted or new regulations and advise the participating local governments as to necessary or appropriate changes to this chapter.
(3) The RAB shall act only as an advisory body.
(G) Procedures and responsibilities.
(1) Within the Airport Overlay (“AO”) District, the members shall consult with the Air Force on those development applications that have potential impacts on Scott AFB based on criteria established in § 157.323.
(2) The Air Force shall review these actions within a 30-calendar-day period and render an advisory opinion of compatible/incompatible for those actions inside the AO-2 District. The Air Force may recommend conditions of approval to mitigate any negative impacts of those actions within the AO-1 District.
(3) The Air Force shall evaluate the compatibility of the development application based on consistency with land use guidance established in the joint land use study and air installation compatible use zone program.
(4) If no response is rendered from the Air Force within 30 days, the local government may consider the Air Force recommendation as being compatible.
(5) If the Air Force finds an application within the AO-2 District to be incompatible, the RAB shall meet within a 30-calendar-day period following an incompatible finding. The Air Force shall provide administrative support for the scheduling of the RAB meeting and the distribution of necessary background materials.
(6) The RAB shall render a recomm- endation, which the city shall consider.
(7) The city shall not make a final decision without a recommendation from the RAB; provided that if the RAB does not provide its recommendation within 30 days of receipt of the application, a final decision may proceed without such recommendation.
(Prior Code, § 158.324) (Ord. 3718, passed 6-20-2011)