A.

Purpose.

1.

To carry out the provisions of the APO District there are created and established certain airport related safety zones which include all of the land lying beneath the airport imaginary surfaces as they apply to the Sheridan Airport. Such zones are shown on the city zoning map.

2.

To prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of the people of the city and Yamhill County.

B.

Compliance.

1.

In addition to complying with the provisions of the primary zoning district, uses and activities shall comply with the provisions of the APO District. In the event of any conflict between any provisions of this overlay zone and the primary zoning district, the more restrictive provision shall apply.

2.

The provisions of the APO District shall apply to an airport listed by the Oregon Department of Aeronautics in Oregon Administrative Rule 738-090-0030(1), Appendix N as a public use airport. The provisions of the APO District shall not apply to a property where an airport previously existed, but no longer exists on the ground.

(Ord. No. 2011-06, § 2, 12-19-2011; Ord. No. 2017-08, § 9, 9-18-2017)

The following uses are permitted in the APO District when developed under the applicable development standards of this title:

A.

Farm use, excluding the raising and feeding of animals which would be adversely affected by aircraft passing overhead;

B.

Landscape nursery, cemetery or recreation areas which do not include buildings or structures;

C.

Roadways, parking areas, a solar energy generating facility, and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the landing approach. Approach surfaces must clear these uses by a minimum of fifteen (15) feet;

D.

Pipeline;

E.

Underground utility wire.

(Ord. No. 2011-06, § 2, 12-19-2011; Ord. No. 2017-08, § 10, 9-18-2017)

The following uses are permitted in the APO District when developed under the requirements of Section 16.275, Airport Overlay District, and other applicable development standards of this title:

A.

A structure or building accessory to a permitted use;

B.

Single-family dwelling, manufactured home, duplex and multifamily dwelling, when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Yamhill County a hold harmless agreement and an aviation and hazard easement and submits them to the airport sponsor and city manager;

C.

Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:

1.

Creating electrical interference with navigational signals or radio communication between the airport and aircraft,

2.

Making it difficult for pilots to distinguish between airport lights and other lights,

3.

Impairing visibility,

4.

Creating bird strike hazards,

5.

Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport, and

6.

Attracting a large number of people;

D.

Buildings and uses of a public works, public service or public utility nature.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

An Airport Overlay Permit shall be obtained before any permitted or additional permitted uses locate on a property in the APO District. The Airport Overlay Permit may be incorporated into the process and decision for another type I—IV action.

B.

Information accompanying the Airport Overlay Permit application or accompanying an application for another type I—IV action shall include the following:

1.

Property boundary lines as they relate to the airport imaginary surfaces;

2.

Location and height of all existing and proposed buildings, structures, utility lines and roads; and

3.

A statement from the Oregon Department of Aeronautics indicating the proposed use will not interfere with operation of the landing facility.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

To meet the standards and reporting requirements established in FAA Regulations, Part 77, no structure shall penetrate into the airport imaginary surfaces as defined in Section 16.275.060.

B.

No place of public assembly other than the church use at the former location of Faulconer School at the northwest corner of Sherman and Lincoln Streets shall be permitted in the airport approach safety zone.

C.

No structure or building shall be allowed within the clear zone.

D.

Whenever there is a conflict in height limitations prescribed by this overlay district and the primary zoning district, the lowest height limitation shall govern; provided, however, that the height limitations here imposed shall not apply to such structures customarily employed for aeronautical purposes.

E.

No glare-producing materials shall be used on the exterior of any structure located within the airport approach safety zone.

F.

In noise-sensitive areas within one thousand five hundred (1,500) feet of an airport, or within established noise contour boundaries of fifty-five (55) Ldn and above for identified airports, where noise levels are a concern, a declaration of anticipated noise levels shall be attached to any building permit or development approval. In areas where the noise level is anticipated to be fifty-five (55) Ldn and above, prior to issuance of a building permit for construction of a noise-sensitive land use (real property normally used for sleeping or normally used as schools, churches, hospitals, or public libraries) the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design which will achieve an indoor noise level equal to or less than fifty-five (55) Ldn. The city manager, or designee, shall review building permits for noise-sensitive developments.

(Ord. No. 2011-06, § 2, 12-19-2011)

A.

The definitions in this section include those terms that are applicable only to Section 16.275.

B.

For purposes of the APO District:

"Aircraft landing field" means any landing area, runway or other facility for the landing and taking off of aircraft, including all necessary taxi-ways, aircraft storage and tie-down areas, hangers and other necessary buildings and open spaces.

"Airport approach safety zone" means a surface longitudinally centered on the extended runway center line 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 extends to a width of one thousand two hundred fifty (1,250) feet for a horizontal distance of five thousand (5,000) feet at a slope of twenty (20) feet outward for each foot upward (20:1) for all utility runways.

"Airport hazard" means any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.

"Airport imaginary surfaces" means those imaginary areas in space which are defined by the airport approach safety zone, transitional zones, horizontal zone, clear zone and conical surface and in which any object extending above these imaginary surfaces is an obstruction.

"Clear zone" means an area that extends from the primary surface of an airport runway to a point where the approach surface is fifty (50) feet above the runway end elevation.

"Conical surface" means an area that extends twenty (20) feet outward for each one foot upward (20:1) for four thousand (4,000) feet beginning at the edge of the horizontal surface (5,000 feet from the center of each end of the primary surface of each visual and utility runway at one hundred fifty (150) feet above the airport elevation) and upward extending to a height of three hundred fifty (350) feet above the airport elevation.

"Horizontal surface" means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of five thousand (5,000) feet from the center of each end of the primary surface of each visual or utility runway and connecting the adjacent arcs by lines tangent to those arcs.

"Noise sensitive areas" means areas within one thousand five hundred (1,500) feet of an airport or within established noise contour boundaries exceeding fifty-five (55) Ldn.

"Place of public assembly" means a structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. When the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is two hundred fifty (250) feet for utility runways having only visual approaches and five hundred (500) feet for other than utility runways.

"Transitional zones" means an area that extends seven feet outward for each one-foot upward (7:1) beginning on each side of the primary surface, which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of one hundred fifty (150) feet above the airport elevation (horizontal surface).

"Utility runway" means a runway that is constructed and intended to be used by propeller-driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less.

(Ord. No. 2011-06, § 2, 12-19-2011)