Chapter 28.07 of the code of the city shall be known and may be cited as the "McConnell Airport Overlay Districts."

(Ord. No. 41-495 § 1)

The intent and purpose of the airport overlay districts is to specify land use controls in addition to those in the underlying zoning district classifications that will ensure a compatible relationship between air force base operations and other land uses in the vicinity of these operations. These districts 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 airport hazard zones and accident potential zones.

Based upon the January, 1987 Air Installation Compatible Use Zone Study (AICUZ) for McConnell Air Force Base and based upon the revised accident data for the proposed 1990 AICUZ reports, the governing body finds and determines that airport overlay districts defined herein are areas in significant danger of aircraft accidents because such areas are beneath airspace (takeoffs and approach paths) where the potential for aircraft accidents is likely to occur. The measurements for these districts in this chapter are subject to amendment as changes occur in the takeoff and approach paths, and as types of aircraft operations change.

All uses shall be in compliance with the airport hazard zoning code (Chapter 28.08). In the event of conflict between any airport zoning regulations and any other city regulation applicable to the same property, the more stringent limitation or regulation shall govern and prevail.

(Ord. No. 41-495 § 2)

This chapter incorporates the definitions as adopted by reference in Chapter 28.04, and for the purpose of this chapter, the following terms are defined as follows:

ACCIDENT POTENTIAL ZONE (APZ): Land area identified by the Air Installation Compatible Use Zone Study (AICUZ), McConnell AFB, Kansas (January 1987), to be in significant danger of aircraft accidents by being beneath that airspace (takeoff and approach paths) where the potential for aircraft accidents is most likely to occur.

AIRPORT HAZARD ZONE: Any area of land or water where manmade structures, trees or use of land can obstruct the airspace required for the flight of aircraft in landing and taking off at any airport.

AIRPORT OVERLAY DISTRICT: An additional level of zoning requirements providing an extra layer of protection for those parcels of lands within the accident potential zones.

FLOOR AREA RATIO (FAR): The relative comparison of building area to land area determined by dividing the total floor area of all buildings on a platted lot or tract by the total area of the lot or tract.

UNDERLYING ZONE: The existing zoning district classification beneath the airport overlay zone.

(Ord. No. 41-495 § 3)

The districts of this chapter are in addition and supplemental to those contained in Chapter 28.04. The airport overlay districts for McConnell Air Force are identified as:

AOD II-N-Airport Overlay District II-North

AOD III-N-Airport Overlay District III-North

These airport overlay districts shall be shown on the official map. For the purposes of establishing the map, the following measurements shall be used:

Airport Overlay District II-North (AOD II-N): This district begins three thousand seven hundred fifty feet from the ends of the McConnell Air Force Base parallel runways (19R and 19L) and measures four thousand two hundred fifty feet in length to the northeast. The width of AOD R-N is three thousand eight hundred feet which comprises of an overlap of two three-thousand-foot widths centered upon each of the two parallel runways centerlines which, in turn, are separated by eight hundred feet on centerline.

Airport Overlay District III-North (AOD III-N): This district extends northeast from AOD II-N six thousand feet in length, three thousand eight hundred feet in width.

In the event of conflicts between the official map and these measurements, boundaries established by the map shall control.

Where property is unplatted or undeveloped, only such portions of that land actually within the boundary lines of any airport overlay district shall be considered included therein.

Whenever the boundary line of any airport overlay 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.

In the event the city shall annex any land included in the McConnell Airport overlay districts established by Sedgwick County, such annexed land shall be subject to this chapter under the procedures of Section 28.04.160A and shall continue to be classed according to and subject to the regulations of the county resolution until the zoning districts or regulations are changed by ordinance.

(Ord. No. 41-495 § 4)

The location and boundaries of the districts shall be shown as specified on the "Official Zoning Map, City of Wichita, Kansas" (Section 28.04.200).

(Ord. No. 41-495 § 5)

No use shall be allowed in this district except those permitted by this chapter.

PERMITTED USES are all uses permitted by the underlying zoning district, except for the following list of prohibited uses.

1.

Residential uses with less than five acres of lot area per dwelling unit;

2.

Transient lodging, hotels, motels, recreational vehicle parks;

3.

Restaurants, drinking establishments, taverns, private clubs;

4.

Retail food stores with gross floor area exceeding three thousand square feet;

5.

Hospitals, sanitariums, nursing homes;

6.

Day care centers (adults and children) and halfway houses and group homes;

7.

Public and private schools (all levels), libraries, museums;

8.

Churches and related facilities;

9.

Correctional facilities;

10.

All indoor/outdoor entertainment and/or recreational facilities that would attract more than twenty-five spectators and/or participants per acre at any one time.

(Ord. No. 41-495 § 6)

No use shall be allowed in this district except those permitted by this chapter.

PERMITTED USES are all uses permitted by the underlying zoning district, except for the following list of prohibited uses:

1.

Residential units with less than six thousand square feet of lot area per dwelling unit.

2.

All uses prohibited in AOD II-N, 2 through 10.

(Ord. No. 41-495 § 7)

The following regulations apply to all districts.

1.

All regulations of the underlying zone will apply except where specifically modified by this chapter.

2.

No lot or tract devoted to retail trade, service or office uses shall exceed 0.2 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 the effective date of the ordinance codified in this chapter 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, similar use, or use of lesser intensity (as determined by maximum occupancies permitted in the building code).

b.

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 this subsection 4.

c.

Any use or building may be expanded so long as the total expansion of the use or building or lot area:

(1)

Does not exceed twenty-five percent of the use or building or lot area 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 subsection 4e, increases in floor areas within an existing building or expansion outside the boundaries of these districts shall not be considered an expansion.

d.

Existing dwelling units may be expanded without any floor area limitation in accordance with the underlying zoning.

e.

The designation of any prior nonconforming use shall not be affected by this subsection 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.

(Ord. No. 41-495 § 8)

The board of zoning appeals is authorized to hear and decide appeals on the interpretation of these provisions, and to review requests for variances in accordance with the code of the city, Section 2.12.590A and B.

(Ord. No. 41-495 § 9)

Any person who shall violate, neglect or refuse to comply with, or who shall maintain, use or construct any building or premises in violation of any of the provisions of this chapter shall, upon conviction be punished by a fine not to exceed five hundred dollars or by imprisonment of not more than six months or both such three and imprisonment, and in addition to the above penalty such actions at law or suits in equity may be maintained by the city or any interested persons, as may be authorized by law.

(Ord. No. 41-495 § 10)

Should any section, clause or provision of this chapter be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of this chapter as a whole, or any part thereof, other than the part so declared to be invalid.

(Ord. No. 41-495 § 11)