a.

Purpose. The intent and purpose of the A-O Airport Overlay District regulations is to specify land Use controls in addition to those in Underlying zoning District that will ensure a compatible relationship between air force base operations and other land Uses in the vicinity. The A-O District standards will protect both the public and the Airport by reducing to a minimum, land Uses that concentrate large numbers of persons underneath runway takeoff and approach paths, where aircraft accidents are most likely to occur and noise levels are inappropriate for urban-density residential and high intensity nonresidential uses. The area protected falls into both hazard zones and accidental potential zones. In the event of conflict between the A-O standards of this section and any other regulation applicable to the same property, the more restrictive regulation or standard shall govern and prevail.

b.

A-O Districts established. The following A-O Districts are hereby established:

c.

A-O District boundaries. For purposes of establishing the A-O Districts, the following measurements shall be used.

(1)

A-O I-N. The width of Airport Overlay I-North ("A-O I-N") beginning at the ends of the McConnell AFB parallel runways, 19R and 19L, is 3,800 feet. A-O I-N comprises an overlap of two 3,000-foot widths centered upon each of the two parallel runways' centerlines that are separated by 800 feet on centerline. The length of this District extends northeast from the ends of the parallel runways 3,750 feet. A-O I-N contains three Subdistricts as described in Secs. III-C.4.g.(1)(a) and III-C.4.g.(1)(b). It is intended that all Buildings in existence in A-O I-N at the time of the adoption of this resolution are in the West Subdistrict.

(2)

A-O II-N. Airport Overlay II-North ("A-O II-N"): extends northeast from A-O I-N 4,250 feet in length, and 3,800 feet in width.

(3)

A-O III-N. Airport Overlay III-North ("A-O III-N") extends northeast from A-O II-N 6,000 feet in length, 3,800 feet in width.

(4)

A-O I-S. The width of airport overly I-south ("A-O I-S") beginning at the ends of the McConnell AFB parallel runways, O1R and O1L, is 3,800 feet. A-O I-S comprises an overlap of two 3,000-foot widths centered upon each of the two parallel runways' centerlines which are separated by 800 feet on centerline. The length of this District extends southwest from the ends of the parallel runways 3,000 feet. A-O I-S contains three Subdistricts as described in Secs. III-C.4.g.(1)(a) and III-C.4.g.(1)(b).

(5)

A-O II-S. Airport overlay II-South ("A-O II-S"): extends southwest from A-O I-S 5,000 feet in length, and 3,800 feet in width.

(6)

A-O III-S. Airport overlay III-South ("A-O III-S") extends southwest from A-O II-S, 7,000 feet in length, 3,800 feet in width.

d.

Official Map. The location and boundaries of Airport Overlay Districts northeast and southwest of McConnell Air Force Base shall be shown on the Official Map. In the event of conflicts between the Official Map and these measurements, boundaries established by the map shall control. All notations, dimensions, and designations depicted on the map shall be a part of these regulations. Any changes in the District due to changes in aircraft path patterns and operations will be noted on this map as regulations are amended as provided by law. A copy of the map will be on file at the Metropolitan Area Planning Department.

e.

Interpretation of District boundaries. Where property is unplatted or undeveloped, only such portions of that land actually within the boundary lines of any A-O District shall be considered included therein. Whenever the boundary line of any A-O District divides a platted Lot or a Building, that entire Lot or Building is deemed to be within the Overlay District. If a platted Lot or Building is located within two Overlay Districts, that entire Lot or Building is deemed to be within the more restrictive District.

f.

General regulations. The following regulations apply to all A-O districts.

(1)

All regulations of the Underlying zoning District will apply except where specifically modified by this regulation.

(2)

No Lot or tract devoted to retail/wholesale trade, Vehicle Repair, Construction Sales and Service, Manufacturing, Personal Care/Improvement Services, General Office or Medical Office Uses shall exceed 0.20 FAR.

(3)

No land area used in a Building permit that has maximized the FAR allowed may be used in another Building permit.

(4)

All Uses legally established on a parcel or tract prior to August 31, 2007, which do not otherwise meet the special requirements of these Overlay Districts, shall be considered Permitted Uses under this regulation subject to the following requirements:

(a)

The reconstruction, relocation, or conversion of any Use or Building must be for the same Use, a Use of lesser intensity (as determined by maximum occupancies permitted in the Building Code), or any Use currently permitted by these Overlay Districts and the Underlying zoning District of the parcel or tract. This includes repairing or reconstruction in instances where a Building is damaged or destroyed by fire, wind, tornado, flood, or other natural disaster.

(b)

In any event when a Building or Structure is to be replaced, substantially altered, repaired or rebuilt, a Building permit must be secured.

(c)

The relocation of any Use or Building within the Districts must be to a location on the same Lot or tract or on an Adjacent Lot or tract that is under the same ownership, and shall not be to a more restrictive District or Subdistrict. In the event a Use or Building is relocated, the Use of the vacated Building, Lot or tract shall no longer be considered a Permitted Use under Sec. III-C.5.f.(4).

(d)

Except as provided by Sec III.C.5.f.(4)(e), any Use or Building may be expanded so long as the total expansion of the Use or Building:

1)

Does not exceed 25 percent of the Use or Building at the time of adoption of these regulations;

2)

Does not violate the height limitations established in the Airport Hazard Zoning Code;

3)

Is intended as an Accessory Use for storage, warehousing, or other similar low occupancy Use; and,

4)

Does not result in an expansion into a more restrictive District or Subdistrict.

For purposes of this Sec. III-C.5.f.(4)(d) increases in Floor Areas within an existing Building or expansion outside the boundaries of these Districts shall not be considered an expansion.

(e)

Existing Dwelling Units may be expanded without any Floor Area limitation in accordance with the Underlying zoning District.

(f)

The designation of any prior Nonconforming Use shall not be affected by this Sec. III-C.5.f.(4).

(5)

Administrative offices, engineering offices, computer operations, and similar uses which are accessory to a main Use of an industrial or manufacturing nature and are on the same Lot or tract or one Adjacent to the Lot or tract containing the main Use shall be considered as part of the industrial or manufacturing Use.

g.

Permitted Uses

(1)

A-O I-N and A-O I-S

(a)

Central Subdistrict. The following Uses shall be permitted by-right in that portion of A-O I-N and A-O I-S designated as the Central Subdistrict, which extends from 350 feet west of the extended centerline of the west AFB runway to 350 feet east of the extended centerline of the east AFB runway:

1)

Agriculture, excluding livestock farming/animal breeding, agricultural structures, and retail or wholesale sales permitted by Sec. III-D.6.b.

2)

Surface Parking lots, outside storage areas, airplane runways and taxiways that are accessory to Adjacent Uses.

(b)

East and West Subdistricts. The following uses shall be permitted in the remaining portions of A-O I-N and A-O I-S, Subdistricts East and West:

1)

Agriculture, excluding livestock farming/animal breeding, agricultural structures, and retail or wholesale sales permitted by Sec. III-D.6.b.

2)

Surface Parking lots, outside storage areas, airplane runways and taxiways that are accessory to Adjacent Uses.

3)

All other Uses legally established prior to August 31, 2007, subject to the limitations set forth in Sec. III-C.5.f.

(2)

A-O II-N and A-O II-S. All Uses allowed within the Underlying base District shall be similarly allowed in the A-O II-N and A-O II-S Districts, except for the following list of prohibited Uses:

(a)

Residential Uses

(b)

Hotel or Motel or Recreational Vehicle Campground

(c)

Restaurant, Taverns and Drinking Establishment, Sexually Oriented Business and Nightclub

(d)

Retail food stores with gross Floor Area exceeding 3,000 square feet

(e)

Hospital, Nursing Facility or Funeral Home

(f)

Day Care Center, Correctional Placement Residence and Day Reporting Center

(g)

University or College, Elementary, Middle, and High School, Vocational School, Government service, Library, museum

(h)

Church or Place of Worship and related facilities

(i)

Correctional facility

(j)

All Indoor/Outdoor Recreation and Entertainment, Auditorium or Stadium, Parks and Recreation, or Community Assembly uses that would attract more than 25 spectators and/or participants per acre at any one time

(k)

Mobile Food Unit in the City

(3)

A-O III-N and A-O III-S. All Uses allowed within the Underlying base District shall be similarly allowed in the A-O III-N and A-O III-S Districts, except for the following list of prohibited Uses:

(a)

Residential Uses with less than 40,000 square feet of Lot area per Dwelling Unit

(b)

Hotel or Motel or Recreational Vehicle Campground

(c)

Restaurant, Tavern and Drinking Establishments, Sexually Oriented Businesses and Nightclubs

(d)

Retail food stores with gross floor area exceeding 3,000 square feet

(e)

Hospital, Nursing Facility or Funeral Home

(f)

Day Care Center, Correctional Placement Residence, Day Reporting Centers

(g)

University or College, Elementary, Middle, and High School, Vocational School, Government Service, Library, museum

(h)

Church or Place of Worship and related facilities

(i)

Correctional Facility

(j)

All Indoor/Outdoor Recreation and Entertainment, Auditorium or Stadium, Parks and Recreation, or Community Assembly Uses that would attract more than 25 spectators and/or participants per acre at any one time

(k)

Mobile Food Unit in the City