There is hereby established a zoning district entitled Airport Overlay (AO) District, including subarea 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.

   (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 these airport overlay regulations, definitions generally applicable within the Development Code shall apply herein.

   (B)   Nothing contained within these airport overlay regulations shall be construed as or applied to be substantially inconsistent with an airport approach plan adopted by IDOT Division of Aeronautics, pursuant to ILCS Ch. 620, Act 25, § 12.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   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 these Airport Overlay Regulations. 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.

   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) Part 77 for MidAmerica St. Louis Airport.

   Certain airport environs are identified and established by these airport overlay regulations for property within and around Scott Air Force Base (AFB) and MidAmerica St. Louis Airport (MidAmerica) within St. Clair County, Illinois. These environs have been identified through Federal Aviation Regulations Part 77 and data provided to St. Clair County by the United States Air Force as part of the 2008 Joint Land Use Study and the 2009 Air Installation Compatible Use Zone (AICUZ) report. Areas within the airport environs are subject to regulation beyond the other requirements of the Development Code. These additional restrictions, designated as the Airport Overlay (AO) District, provide an enhanced level of protection in support of the continued operations of Scott AFB and MidAmerica St. Louis Airport.

   (C)   Boundary changes. The boundaries of the Airport Overlay (AO) District may be subject to change reflecting new military mission activity and/or aviation operations at Scott AFB and MidAmerica Airport. Scott AFB and MidAmerica Airport shall communicate the results of updated analyses of noise and air safety zones, including AICUZ reports and FAA studies, to affected local governments. The Director shall notify the Air Force, MidAmerica Airport and other local governments that have adopted airport zoning regulations in the environs of Scott Air Force Base and MidAmerica Airport of changes to the district boundary lines as shown in the maps in § 151.078 to promote the coordinated and consistent application of airport overlay regulations. Other coordinating local governments may adopt more stringent regulations than the minimum requirements in these airport overlay regulations. Boundary changes to the AO District or subarea districts shall be adopted pursuant to the procedures applicable to amendments to the Development Code.

   To carry out the purpose of this district, the Airport Overlay (AO) District is composed of four overlapping subarea districts that establish different levels of restrictions based on airport boundary areas of influence, safety areas based on hazard zones and structure height regulations, and noise contours as follows. Properties or portions of properties located within multiple subareas shall comply with the standards established for each of those subareas in which the property is located.

   Notwithstanding any other provisions of the Development Code, 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; or

   (K)   Concentrate people within zones to unduly expose them to noise or aircraft accident risk.

   (A)   The Director is hereby granted the authority to issue clarification and interpretation of these airport overlay regulations and the items and uses set forth in the attached land use compatibility tables consistent with the intent and language of these airport overlay regulations.

   (D)   Inspections of height and of noise attenuation work shall be performed during the required building construction inspection process.

   (E)   Any person who violates this act or any orders, regulations, or rulings promulgated or made pursuant to these airport overlay regulations shall be subject to the penalties and enforcement procedures established in the Development Code.

   In the event of conflict between any airport hazard zoning regulations promulgated by IDOT Division of Aeronautics pursuant to ILCS Ch. 620, Act 25, § 17 and contained at Title 92, Part 16 of the Illinois Administrative Code and any airport zoning regulation set forth in these airport overlay regulations or any other applicable regulations provided in the Development Code, pursuant to ILCS Ch. 620, Act 25, § 18, the more stringent limitation or requirement shall govern and prevail.

   (A)   The Director shall submit to the Air Force a copy of development applications for properties within the AO District as graphically shown on Appendix G (“Process Chart”) and implemented as follows.

         (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, antennae, 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, § 151.087;

         (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/or

         (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 the above section, 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

      Director, Engineering & Planning

      MidAmerica St. Louis Airport

      9768 Airport Boulevard, Box 3

      Mascoutah, IL 62258

      618-566-5325

      tom.goode@flymidamerica.com

   (A)   The purpose of this subchapter is to require that new or redeveloped facilities within the Primary Planning Influence Area, Airport Overlay (AO-1) District, be constructed in such a manner to mitigate impacts on aircraft operators and therefore protect the health, safety and general welfare of the residents.

   (B)   The AO-1 District designates the area that primarily includes standards for consultation with the Air Force, avigation easements, and lighting.

   Development applications on properties within the AO-1 District shall require consultation with the Air Force to the extent required per § 151.082.

   (A)   All applications for subdivision approval for any structure requiring plan approval in the AO-1 District, to the extent consistent with applicable requirements of law, shall include the dedication of an avigation easement to the village. The dedicated avigation easement shall allow property owners to develop land in accordance with the applicable zoning district and regulations, and shall also convey a clear right to maintain flight operations in navigable airspace over the property, consistent with federal statutes and regulations, and shall submit the property to compliance with the regulations set forth in these airport overlay regulations. The easement shall be recorded with the deed to a property and shall run in perpetuity with the land.

   (B)   The applicant for all final subdivision plats within an AO District shall place a reference to the applicability of AO District regulations to the subdivision on the recorded plat.

   (C)   The village shall maintain publicly available maps of the airport overlay district to facilitate the disclosure of potential airport environs impacts as part of real estate transactions.

   (A)   The purpose of this subchapter is to require that land and structures located within safety zones around the Scott AFB and MidAmerica St. Louis Airfields are developed to protect the health, safety and general welfare of the public and to mitigate hazards of potential aircraft mishaps.

   (B)   The Safety Zones Area, Airport Overlay (AO-2) District, designates the area that primarily includes standards for land use, density and design, in addition to those requirements established for all properties within the AO-1 District.

      (1)   Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which they are located.

      (2)   The boundaries of the military safety zones as determined by the Air Installation Compatible Use Zone (AICUZ) program are shown on the map in § 151.078. There are three military safety zones:

         (a)   CZ: Clear Zone;

         (b)   APZ-1: Accident Potential Zone 1; and

         (c)   APZ-2: Accident Potential Zone 2.

      (3)   The Federal Aviation Administration designates a runway protection zone (RPZ) for civilian airports as shown on the map in § 151.078. There is one civilian safety zone: RPZ: Runway Protection Zone.

   (A)   The purpose of this division is to require that new or redeveloped buildings within the Height Restriction Area, Airport Overlay (AO-3) District, be constructed to prevent interference with safe aircraft operation and to maintain a visually permeable and physically secure buffer that lowers the vulnerability of personnel on the base to outside attacks.

   (B)   The AO-3 District designates the areas that primarily include standards for controlling height. Except as otherwise provided herein for this district, no structure shall be erected, altered, or maintained in the AO-3 District to a height in excess of the applicable height limitations established in this Division 7 or those established and enforced by the FAA, DoD, or IDOT Division of Aeronautics.

         (a)   All uses are permitted as defined by the underlying zoning district, except for those listed as a Prohibited use below.

         (b)   Single-family residential density shall be limited to two dwelling units per acre within installation buffer.

         (a)   Manufactured housing shall not be permitted within the installation buffer.

         (b)   Multi-family housing shall not be permitted within the installation buffer.

         (c)   Group homes, dormitories, or hotels and overnight lodging sites shall not be permitted within the installation buffer.

      (1)   The maximum height of any structure or object of natural growth in the AO-3 subarea shall be determined by the limits of the airport imaginary surfaces described in §§ 16.50 through 16.110 of the State Airport Hazard Zoning Regulations, Title 92, Part 16 of the Illinois Administrative Code.

      (2)   The airport imaginary surfaces are based on the imaginary surfaces in 14 C.F.R. Part 77, effective October 1, 2002, and are visually represented on the airport airspace sheet of the airport layout plan for MidAmerica St. Louis Airport dated January 7, 2009 and adopted by the Illinois Department of Transportation, Division of Aeronautics. Sample graphic depictions of the airport imaginary surfaces are contained in Appendix H. The drawings in Appendix H are for illustrative purposes only.

      (3)   No structures are permitted within the clear zone/runway protection zone as defined by § 151.090(A).

   (A)   The purpose of this section is to require that new or redeveloped buildings within the Noise Zones Area, Airport Overlay (AO-4) District, be constructed with materials and in such manner that aircraft noise is reduced by the structure to an interior level which has no adverse impact on the health, safety and general welfare of the residents.

   (B)   The AO-4 District designates the area that primarily includes standards for the attenuation of noise.

      (1)   Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which they are located. The boundaries of the noise contour zones are shown on the map in § 151.078. There are four applicable noise zones:

         (a)   NZ 1: Area within the noise zone where the DNL is between 65 and 69 dB;

         (b)   NZ 2: Area within the noise zone where the DNL is between 70 and 74 dB;

         (c)   NZ 3: Area within the noise zone where the DNL is between 75 and 79 dB; and

         (d)   NZ 4: Area within the noise zone where the DNL is greater than 80 dB.

      (2)   Other industry-standard noise zones exist around the airfields. However, all land uses are considered compatible with noise levels below 65 dB. Noise Zone 4 is only located on federally controlled land.

         (a)   Permitted uses are listed on Table 8.1, provided that no uses shall be allowed where not permitted in the underlying zoning district. When regulations within the Airport Overlay District overlap, the more stringent standard shall apply.

         (b)   Single-family residential density shall be limited to one dwelling unit per acre within the NZ-1.

         (a)   Manufactured housing shall not be permitted within the NZ-1.

         (b)   Outdoor amphitheaters shall not be permitted within the NZ-1.

         (a)   To the extent permitted by law, sound attenuation standards to achieve an NRL of at least 25 dB is required for all new or expanded hospitals, clinics, nursing homes, child care centers, schools, movie theaters, auditoriums, churches, and places of worship and meditation. The requirements of this section shall apply only to the area of expansion. Expansion shall include any such work that results in an increase of the cubic content of the building or the floor or ground area devoted to the noise sensitive use or in any way increases or creates a site-related non-conformity.

         (b)   Sound attenuation standards to achieve an NRL of at least 25 dB are required for all new residential construction within the NZ-1.

         (a)   Manufactured housing shall not be permitted within the NZ-2.

         (b)   Outdoor amphitheaters shall not be permitted within the NZ-2.

         (c)   All residential uses, including hotels and overnight lodging sites, shall be prohibited within the NZ-2.

         (a)   To the extent permitted by law, sound attenuation standards to achieve an NRL of at least 30 dB is required for all new or expanded hospitals, clinics, nursing homes, child care centers, schools, movie theaters, auditoriums, churches and places of worship and meditation.

         (b)   Sound attenuation standards to achieve an NRL of at least 25 dB is required for all new or expanded structures containing office, business, retail and wholesale trade uses. Within new or expanded industrial structures, those portions of the building where the public is received, offices are located, and other places where low noise levels are normally expected shall utilize sound attenuation standards to achieve an NRL of at least 25 dB.

         (a)   Manufactured housing shall not be permitted within the NZ-3.

         (b)   Outdoor amphitheaters shall not be permitted within the NZ-3.

         (c)   All residential uses, including hotels and overnight lodging sites, shall be prohibited within the NZ-3.

         (d)   All hospitals, clinics, nursing homes, child care centers, schools, movie theaters, auditoriums, churches and places of worship and meditation are prohibited.

         (a)   Manufactured housing shall not be permitted within the NZ-4.

         (b)   Outdoor amphitheaters shall not be permitted within the NZ-4.

         (c)   All residential uses, including hotels and overnight lodging sites, shall be prohibited within the NZ-4.

         (d)   All hospitals, clinics, nursing homes, child care centers, schools, movie theaters, auditoriums, churches and places of worship and meditation are prohibited within the NZ-4.

      (3)   Sound attenuation. Sound attenuation standards to achieve an NRL of at least 30 dB is required for all new or expanded structures containing office, business, retail and wholesale trade uses. Within new or expanded industrial structures, those portions of the building where the public is received, offices are located, and other places where low noise levels are normally expected shall utilize sound attenuation standards to achieve an NRL of at least 30 dB.

      (1)   Table 8.1 describes those uses that are permissible within the areas designated as noise zones. Within Table 8.1, the designation with the letter “Y” indicates that the land use is permissible, subject to compliance with the standards of the Development Code and these airport overlay regulations.

      (2)   The designation “PS 25" indicates that the land use is permissible, subject to compliance with the standards of the Development Code and demonstrating noise reduction materials have been incorporated into the design and construction of proposed development in a manner that achieves a noise level reduction of 25 dB.

      (3)   The designation “PS 30" indicates that the land use is permissible, subject to compliance with the standards of the Development Code and demonstrating noise reduction materials have been incorporated into the design and construction of proposed development in a manner that achieves a noise level reduction of 30 dB.

      (4)   The designation with the letter “N” indicates the land use is prohibited.

      (5)   The recommendations for permitted and prohibited types of facilities or land uses by noise level reduction are based on the U.S. Department of Transportation and Federal Aviation Administration (FAA) charts for aircraft noise avoidance.

 

 

 

 

   (A)   The purpose of this Division 9 is to provide mechanisms for obtaining relief from the provisions of these airport overlay regulations. There are several ways that potential relief from hardship is addressed, including through nonconforming development, the grant of a variance, the grant of a special use permit, or through appeal.

   (B)   All cases shall be administered in accordance with the appeal, variance, nonconforming use, and special use permit procedures established in the Development Code, provided that all such procedures shall comply with applicable procedures set forth in the Airport Zoning Act, ILCS Ch. 620, Act 25, §§ 24, 27, 28, and 29.

   (C)   These airport overlay regulations provide supplemental requirements beyond those required by applicable state or federal law. The failure of the village to specifically or precisely conform to any notice, review, or other procedural requirement herein shall not invalidate any action or approval of the village unless such invalidation is required by law.

   (A)   The Village Board of Appeals is established and existing under § 31.06 of the Code of Ordinances of the Village of Shiloh, and is hereby established as and shall serve as the Board of Appeals under these airport overlay regulations and all such other appeals as referenced in the definition of an appeal herein contained in the village ordinances. The Village Board of Appeals shall exercise the following powers:

      (1)   To hear and decide appeals from any order, requirement, decision, or determination made by the Director in the enforcement of the airport zoning regulations of these airport overlay regulations; and

      (2)   To hear and decide specific variances under these airport overlay regulations.

   (B)   All appeals and variances shall be administered in accordance with the appeal and variance procedures established in the Development Code, provided that:

      (1)   The vote of a majority of the members of the Board of Appeals shall be sufficient for all purposes, including the reversal of any order, requirement, decision, or determination of the Director, or a decision in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations; and

      (2)   Meetings of the Board of Appeals shall be held at the call of the Chairman of the Board of Appeals and at such other times as the Board may determine. The Chairman, or in his absence the vice-chairman, may administer oaths or affirmations and issue subpoenas to compel the attendance of witnesses. All hearings of the Board of Appeals shall be public. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Board of Appeals and shall be a public record.

(Am. Ord. 2022-05-02A, passed 5-2-2022)

   (A)   Except as provided in this division, appeals shall be made in a manner consistent with procedures for appeals established within the Development Code, § 151.099, § 151.348 and all other applicable sections.

   (B)   All requests for appeals must be taken within the time provided in the Development Code, by filing with the Director and with the Board of Appeal, a notice of appeal specifying the grounds thereof. The Director shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

   (C)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Chairperson of the Village Board of Appeals certifies to the Board of Appeals, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Chairperson’s opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the Board of Appeals on notice to the Director and on due cause shown.

   (D)   The Board of Appeals shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time, consistent with the times and procedures for notice, hearing and decision of appeals provided in the Development Code. Upon the hearing any party may appear in person or by agent or by attorney.

(Am. Ord. 2022-05-02A, passed 5-2-2022)

   (A)   Except as provided in this division, variance applications shall be made in a manner consistent with the procedures for variances established within the Development Code, §§ 151.365 through 151.369, provided that the Board of Appeals established herein shall perform all functions of the Planning Commission described in §§ 151.365 through 151.369.

   (B)   Any person seeking a variance from the height limitations of these airport overlay regulations shall include as part of their variance application a determination from the FAA as to whether the proposed construction or alteration for which the variance is being sought would be a hazard to air navigation, pursuant to the standards and procedures set forth in 14 C.F.R. Part 77.

   (A)   Structures and uses existing on the effective date of these airport overlay regulations shall not be required to change in order to comply with these regulations, except where otherwise required by law or where a threat to public safety warrants a determination that the ongoing use is a public nuisance. The nonconforming use requirements of this section shall otherwise apply to the future applicability of the standards and requirements contained herein, provided that the requirements of this section shall be supplemented by provisions of the Development Code governing non-conformities which do not conflict with the provisions of this section.

   (B)   Before any non-conforming structure or object of natural growth may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the Director, authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non-conforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of these airport overlay regulations or than it is when the application for a permit is made.

   (C)   Whenever the Director determines that a non-conforming use or non-conforming structure or tree has been abandoned or more than 80% torn down, destroyed, deteriorated, or decayed:

      (1)   No permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations; and

      (2)   Whether application is made for a permit under this section or not, the Director may by appropriate action compel the owner of the non-conforming structure or tree, at his own expense, to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations.

   (D)   If the owner of the non-conforming structure or tree shall neglect or refuse to comply with such order for ten days after notice thereof, the Director may proceed to have the object so lowered, removed, reconstructed, or equipped and shall have a lien, upon behalf of the village, upon the land whereon it is or was located, in the amount of the cost and expense thereof. Such lien may be enforced by the village by an action for the enforcement thereof, as in the case of other liens.