A. Purpose: The purpose of the AP-O District is to protect the viability of the Priest River Airport by encouraging compatible land uses, densities, and reducing aviation hazards that may endanger the lives and property of the public and aviation user.
B. Airport Height Restriction Zones (Height Zones): In order to carry out the provisions of this title, there are hereby created and established certain zones which are shown on the Airport's Federal Aviation Regulation (FAR) part 77 Airspace Drawings. One original, official, and identical copy of the FAR part 77 Airspace Drawings reflecting the boundaries of the airport Height Zones of Priest River, Idaho is hereby adopted, and the Council is hereby authorized to sign and attest the map as the official Priest River Airport FAR part 77 Airspace Drawings of Priest River, Idaho.
One copy shall be filed in the Office of the City Clerk and shall be designated as exhibit 1. The City Clerk shall maintain this copy by posting thereon all subsequent changes and amendments.
Each portion of an area located in more than one of the following zones shall be evaluated independently according to the zone in which it is located.
1. Non-Precision Instrument Runway Approach Zone (Utility Aircraft): The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach zone expands outward uniformly to a width of two thousand feet (2,000') at a horizontal distance five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.
2. Visual Runway Approach Zone (Larger Than Utility Runway): The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet (500') wide. The approach surface expands uniformly to a width of one thousand five hundred feet (1,500') at a horizontal distance five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.
3. Visual Runway Approach Zone (Utility Aircraft): The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty feet (250') wide. The approach surface expands uniformly to a width of one thousand two hundred fifty feet (1,250') at a horizontal distance five thousand feet (5,000') from the primary surface. Its centerline is the continuation of the centerline of the runway.
4. Transitional Zone: The transitional zones are the areas beneath the transitional surfaces.
5. Horizontal Zone: The horizontal zone is established by swinging arcs of five thousand feet (5,000') or ten thousand feet (10,000') radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The horizontal zone was constructed with ten thousand feet (10,000') radii.
6. Conical Zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand feet (4,000').
C. Airport Height Zone Limitations: Pursuant to this section and except as otherwise provided in this title, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any Height Zone created by this section to a height more than the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the Height Zones in question as follows:
1. Non-Precision Instrument Runway Approach Zone (Utility Aircraft): Slopes twenty feet (20') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline.
2. Visual Runway Approach Zone: Slopes twenty feet (20') outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet (5,000') along the extended runway centerline. (Ord. 597, 8-6-2018)
3. Transitional Zone: Slopes seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of one hundred fifty feet (150') above the airport elevation. In addition, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the non-precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet (7') outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of five thousand feet (5,000') measured at ninety degree (90°) angles to the extended runway centerline. (Ord. 605, 8-5-2019)
4. Horizontal Zone: Established at one hundred fifty feet (150') above the airport elevation.
5. Conical Zone: Slopes twenty feet (20') outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty feet (150') above the airport elevation and extending to a height of three hundred fifty feet (350') above the airport elevation.
D. Excepted Height Limitations: In the area lying within the limits of the Horizontal and Conical Zones, nothing in this Code shall be construed as prohibiting the construction, maintenance, or growth of anything to a height that is less than one hundred fifty feet (150') above the surface of the land, except when, because of terrain, land contour or topographic features, such structure or growth would extend above the height limits prescribed herein.
E. Airport Compatible Land Use Overlay Zones (Land Use Zones): The controlled area of the airport is divided into Airport Compatible Land Use Overlay Zones (Land Use Zones). The purpose of such zones shall be to regulate the development of noise sensitive land uses; promote compatibility between the airport and the surrounding land uses; protect the airport from incompatible development; and promote the health, safety, and general welfare of property users. The Airport Land Use Zones established herein shall be known as:
1. Runway Protection Zone (RPZ)
2. Lateral Safety Zone (LSZ)
4. Traffic Pattern Area (TPA)
5. Airport Influence Area (AIA)
F. Airport Compatible Land Use Overlay Zone Boundaries: The Airport Land Use Zone boundary lines shown on the official Airport Land Use Zone Map shall be located and delineated along contour lines established for the airport. Where uncertainty exists as to the boundaries of the Airport Land Use Zones as shown on the official map, the following rules shall apply:
1. Boundaries shall be scaled from the nearest runway end shown on the map.
2. Boundaries shall be scaled from the nearest physical feature shown on the map.
3. Distances not specifically indicated on the original Airport Land Use Zone Map shall be determined by a scaled measurement on the map.
Where physical features on the ground differ from the information shown on the official Airport Land Use Zone Map or when there arises a question as to how or where a parcel of property is zoned, and such questions cannot be resolved by the application of this subsection F, the property shall be classified as the most restrictive Airport Land Use Zone.
Where a parcel of land lies within more than one Airport Land Use Zone, the zone within which each portion of the property is located shall apply individually to each portion of the development.
G. Airport Land Use Zone Map: The boundaries of the Airport Land Use Zones set out herein shall be delineated upon the airport's Airport Land Use Zone Map, with said maps being adopted by reference and made a part of this Code as fully as if the same were set forth herein in detail.
One original, official, and identical copy of the Airport Land Use Zone Map that reflects the boundaries of the Airport Land Use Zones is hereby adopted, and the Council is hereby authorized to sign and attest the map as the official Airport Land Use Zone Map of Priest River, Idaho, and such map shall be filed and maintained as follows:
1. One copy shall be filed in the Office of the City Clerk and shall be within exhibit 1. The City Clerk shall maintain this copy by posting thereon all subsequent changes and amendments.
H. Use Of Land And Buildings: Within the Airport Land Use Zones as defined herein, no land shall hereafter be used, and no structure or other object shall hereafter be erected, altered, converted, or modified other than for those compatible land uses permitted by the underlying comprehensive zoning districts, as specified in this title. Additional land uses are prohibited in the Airport Land Use Zones, regardless of underlying zoning, as set forth in the Airport Compatible Land Use Table designated as exhibit 2 on file with the City.
Where any use of prohibited land and buildings set forth in this section conflicts with any use of land and buildings set forth in this title and/or Zoning Map, this chapter shall apply.
I. Additional Land Use Regulations: On property within the Airport Land Use Zone Map jurisdiction, but outside the jurisdictional limits of Priest River, Idaho, this section shall be used to formulate land use recommendations or responses to land use comment requests from other jurisdictions.
In the event of conflict between this section and any aviation hazard restriction, the most restrictive provision shall apply.
J. Disclosure Statement: Fair Disclosure Statement shall be provided to any applicant for a permit within an airport zone, or any prospective buyers of any structure or property within such zones. Further, the Fair Disclosure Statement shall serve to notify prospective buyers of property near airports that subject property is subject to the provisions of this section and lies within the Airport Influence Area and under the airport's FAR part 77 airspace. As such, it may be necessary to clear and keep clear the airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects. This includes reserving the right of the City to require: removal or demolishment of those portions of such buildings, structures, improvements, trees, or any other objects which extend into the airspace; cut to the ground level and remove any trees which extend into the airspace; the right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said parcel, and which extend into the airspace. The Fair Disclosure Statement shall also notify applicant for permit or prospective buyers that they may be exposed to potentially impactive levels of aircraft overflight, including but not limited to noise, vibration, fumes, dust, fuel or fuel particles, and other effects that may be caused by normal aircraft operations in or around an airport.
Before a permit shall be issued, the applicant shall sign the Fair Disclosure Statement and the Fair Disclosure Statement will be recorded in the deed records of the County. Upon the applicant's refusal, the City shall acknowledge that the applicant was made aware of the above- described impacts. Such statement shall be recorded in the deed records of the County.
Nothing stated herein is meant to provide pilots, crews, owners of aircraft, or any other person from protection from liability for negligence committed on their part.
K. Uses: All uses are permitted in the respective district with which the AP-O District is combined, subject to the provisions of those districts.
L. Airport Overlay Application Required: All districts with which the AP-O District is combined shall be required to apply for AP-O review consideration. Every person seeking design review consideration shall submit an application upon a form prescribed by the City. All applications shall be accompanied by appropriate architectural and site development plans to scale which shall show building locations, landscaping, permanent existing trees, ground treatment, fences, off-street parking and circulation, locations and size of adjacent streets, north arrow and property lines, drawings of major exterior elevations showing building materials and proposed color scheme, existing grade and proposed new grades.
M. Airport Overlay Considerations:
4. Requirement for building limitations.
5. Compliance with applicable Idaho Transportation Department standards.
N. Action By City Council: Within a timely fashion after receipt of an application for AP-O review, the City Council shall investigate and hear every application and shall either approve or deny such application, the City Council may impose additional conditions or limitations as deemed necessary. Upon granting or denying the application the City Council shall specify:
1. The code and standards used in evaluating the application;
2. The reason for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
The City Council shall direct the Administrator to issue a Zoning Certificate listing the conditions as specified by the City Council. The applicant or any person who appeared in person or in writing before the City Council may appeal the decision of the City Council to the First District Court.
O. Notification To Applicant: Within thirty (30) days after a decision has been rendered, the Administrator shall provide the applicant with written notice of the action on the request. (Ord. 597, 8-6-2018)