The purpose of the Airport Overlay Zone is to establish standards to promote air navigational safety and prevent hazards and obstructions to air navigation and flight.

(Prior Code, § 602.001; Ord. No. 31-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport elevation means the highest point of an airport's usable runways measured in feet above mean sea level. Airport elevation for McNary Field Airport is 213.4 feet.

Approach surface means a surface longitudinally centered on the extended runway centerline and extending outward and upward from the end of the primary surface at the same slope as the approach area height limitation slope set forth in SRC 602.020(a). The perimeter of the approach surface coincides with the perimeter of the approach area.

Conical surface means 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.

Federal Aviation Administration (FAA) means the Federal regulatory authority on airports, airspace, aircraft, and pilots in the U.S. FAA policy is created in Washington D.C. and administered by local regional and district offices.

Federal Regulations Part 77 means the part of Federal Aviation Regulations (FAR) as set forth in Title 14, Code of Federal Regulations, Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, that deals with objects affecting navigable airspace in the vicinity of airports. Objects that exceed the Part 77 height limits constitute airspace obstructions. Part 77 establishes standards for identifying obstructions to navigable airspace, sets forth requirements for notice to the FAA of certain proposed construction or alteration, and provides for aeronautical studies of obstructions to determine their effect on the safe and efficient use of airspace.

Hazard to air navigation means an obstruction determined by the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Horizontal surface means a horizontal plane 150 feet above the airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal area.

Larger than utility runway means a runway that is constructed for, and intended to be used by, any aircraft of greater than 12,500 pounds maximum gross weight.

McNary Field means the Salem-Willamette Valley Airport, which is owned and operated by the City of Salem.

Non-precision instrument runway means a runway having an 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 procedure has been approved by FAA.

Obstruction means any building, structure, object, including mobile objects, or vegetative growth, that exceeds the height limitations in SRC 602.020(a).

Precision instrument runway means a runway having an instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR), for which a precision approach system has been approved by FAA.

Primary surface means a surface longitudinally centered on a runway, and having the width set forth in SRC 602.010. When a runway has a specially prepared hard surface, the primary surface extends a distance of 200 feet beyond each end of that runway. When a runway does not have a specially prepared hard surface, or is a military runway, 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.

Runway means the area of an airport prepared for the takeoff and landing of aircraft along its entire length. McNary Field includes two runways, Runway 16/34 and Runway 13/31.

Transitional surfaces means the surfaces that extend outward and upward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each one foot vertically from the sides of the primary surface and the sides of the approach surfaces to the point of intersection with the horizontal surface and conical surface. 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 at 90-degree angles to the extended runway centerline.

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

Visual runway means a runway intended solely for the operation of aircraft using visual approach procedures.

(Prior Code, § 602.005; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

The boundaries of the Airport Overlay Zone are shown in Figure 602-1. The Airport Overlay Zone is divided into the following areas that apply to land beneath, upon, and above the approach surface, transitional surfaces, horizontal surface, and conical surfaces of McNary Field:

(a)

Approach area. The approach area consists of the following:

(1)

Runway other than utility runway with only visual approach area. The inner boundary of the runway other than utility runway with only visual approach area lies along the end of the primary surface and is 500 feet wide. The area expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. The centerline of the area is the continuation of the centerline of Runway 16/34.

(2)

Non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-quarter mile area. The inner boundary of the non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-quarter mile area lies along the end of the primary surface and is 1,000 feet wide. The area expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. The centerline of the area is the continuation of the centerline of Runway 13.

(3)

Precision instrument runway approach area. The inner boundary of the precision instrument runway approach area lies along the end of the primary surface and is 1,000 feet wide. The area expands outward uniformly to a width of 16,000 feet at a horizontal distance of 10,000 feet from the primary surface and thereafter to a horizontal distance of 50,000 feet from the primary surface. The centerline of the area is the continuation of the centerline of Runway 31.

(b)

Transitional areas. The transitional areas are those areas that lie beneath the transitional surfaces of each runway.

(c)

Horizontal area. The boundary of the horizontal area is established by swinging arcs with 5,000 feet radii, for all utility or visual runways, and 10,000 feet radii, for all other runways, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal area does not include the approach and transitional areas.

(d)

Conical surface area. The conical surface area commences at the periphery of the horizontal area and extends outward a horizontal distance of 4,000 feet.

(Prior Code, § 602.010; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Any use that is a permitted, special, conditional, or prohibited use in the underlying zone is a permitted, special, conditional, or prohibited use in the Airport Overlay Zone.

(Prior Code, § 602.015; Ord. No. 31-13)

Development within the Airport Overlay Zone must comply with the development standards applicable in the underlying zone and the development standards set forth in this section. The development standards in this section are in addition to, and not in lieu of, all other applicable development standards in the underlying zone. Where the development standards in this section conflict with the development standards applicable in the underlying zone or any other overlay zone, the more restrictive development standards shall be the applicable development standard.

(a)

Height. Except as otherwise provided in this chapter, no building, structure, or object shall be erected or increased in height, and no vegetation shall be allowed to grow, to a height in excess of the height limitations set forth in this subsection. If all or part of a lot is located in more than one Airport Overlay Zone area, the applicable height limitation shall be the most restrictive height limitation.

(1)

Runway other than a utility runway with only visual approaches. No building, structure, object, or vegetative growth shall have a height greater than that established by a plane sloping 20 feet outward for each one foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended centerline of Runway 16-34.

(2)

Non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-quarter mile. No building, structure, object, or vegetative growth shall have a height greater than that established by a plane sloping 34 feet outward for each one foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the extended centerline of Runway 13.

(3)

Precision instrument runway approach. No building, structure, object, or vegetative growth shall have a height greater than that established by a plane sloping 50 feet outward for each one foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the extended centerline of Runway 31; thence sloping 40 feet outward for each one foot upward to an additional horizontal distance of 40,000 feet along the extended centerline of Runway 31.

(4)

Transitional surface. In the transitional surface, no building, structure, object, or vegetative growth shall have a height greater than that established by a plane sloping seven feet outward for each one 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 150 feet above the airport elevation. In addition, in the transitional surface there are established height limits sloping seven feet outward for each one foot upward beginning at the sides of, and the same elevation as, the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach area projects beyond the conical area, there are established height limits sloping seven feet outward for each one foot upward beginning at the sides of, and the same elevation as, the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(5)

Horizontal surface. In the horizontal surface, no building, structure, object, or vegetative growth shall have a height greater that that established by a horizontal plane 150 feet above the airport elevation.

(6)

Conical surface. In the conical surface, no building, structure, object, or vegetative growth shall have a height greater than that established by a plane sloping 20 feet outward for each one foot upward beginning at the periphery of the horizontal surface, 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation.

(b)

Development compatibility. Uses within the Airport Overlay Zone shall not be developed, conducted, or maintained in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, attract wildlife, or endanger or interfere in any other manner with landing, takeoff, or maneuvering of aircraft using or intending to use McNary Field.

(c)

Marking and lighting. Marking and lighting necessary to indicate the presence of buildings, structures, or vegetation to operators of aircraft in the vicinity of the airport shall be provided as required by the FAA.

(Prior Code, § 602.020; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Applicability. No building, structure, or object shall be erected or increased in height, and no vegetation shall be allowed to grow, to a height in excess of the height limitations set forth in this chapter unless a variance has been granted pursuant to this section.

(b)

Procedure type. An Airport Overlay Zone height variance is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for an Airport Overlay Zone height variance shall include:

(1)

A statement of the specific height limitation for which the variance is requested, and the amount of the variance; and

(2)

A determination from the FAA that the proposed variance will not create a hazard to air navigation.

(d)

Criteria. An Airport Overlay Zone height variance shall be granted if the FAA has issued a determination that the proposed variance will not create a hazard to air navigation.

(e)

Conditions of approval. The Review Authority shall impose as conditions of approval on an Airport Overlay Zone height variance any condition imposed in the FAA determination.

FIGURE 602-1. AIRPORT OVERLAY ZONE

(Prior Code, § 602.025; Ord. No. 31-13)