HomeMy WebLinkAboutChapter 10 Article 11 Amendments ARTICLE 11 INDUSTRIAL AIRPORT OVERLAY ZONEING DISTRICTS SECTION: 10-11-01: Short Title 10-11-02: Purpose Industrial Airport Overlay Zone 10-11-032-1: Applicability 10-11-042-2: Definitions 10-11-052-3: Noise Sensitive Uses 10-11-062-4: APO-1 Land Use Limitation Zone 10-11-072-5: APO-2 Noise Abatement Zone 10-11-082-6: Divided Parcels 10-11-092-7: Limitations Applicable To Both Zones 10-11-1002-8: Nonconforming Uses 10-11-1102-9: Airport Commission Review 10-11-1202-10: Miscellaneous Provisions 10-11-01: SHORT TITLE: This article shall be known and may be cited as the AIRPORT OVERLAY ZONEING DISTRICTS. 10-11-02: PURPOSE INDUSTRIAL AIRPORT OVERLAY ZONE: The Airport Overlay Zone is established to contribute to the safe operation of the airport, to facilitate orderly development around the airport, to protect the possibility of future expansion of the airport and to control and minimize impacts on surrounding activities. It is also the intent of the Airport Overlay Zone to encourage land use patterns appropriate in the vicinity of the airport for public health, safety and welfare. Standards are provided to encourage trade and commerce and thereby maintain economic vitality. The Airport Overlay Zone is divided into two (2) subzones that are generally described as follows: (1) APO-1 Land Use Limitation Zone: The APO-1 zone is closer to the airport runway and includes certain land use limitations in addition to all restrictions and requirement applicable to the APO-2 zone. The purpose of the APO-1 zone is to ensure that development is compatible with the existing and future uses of the airport.
(2) APO-2 Noise Abatement Zone: Land within the APO-2 zone may experience adverse effects from aircraft using the airport including, but not limited to, noise, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel particles, radio, television and other electromagnetic interferences and all other effects as may be inherent to the operation of aircraft for navigation or flight in the air. Development in the APO-2 zone shall require certain notification procedures, noise abatement construction and avigation easements. The purpose of the APO-2 zone is to ensure that development is compatible with the existing and future uses of the airport. (Ord. 2457, 12-20-2004; amd. Ord. 2895, 3-19-2012; Ord. 3410, 12-6-2022) 10-11-032-1: APPLICABILITY Applicability: This article applies to properties located in the APO-1 and/or APO-2 zones that are: 1) within the corporate city limits of Caldwell at the effective date of this article, 2) annexed after the effective date of this article regardless of the zone designation assigned upon such annexation, or 3) within the current impact area of the city of Caldwell provided that this article is made effective in said impact area by the impact area agreement between the city of Caldwell and Canyon County. The specific boundaries of the APO-1 and APO-2 zones are shown on the zoning map and described in appendix A as attached to ordinance 2457, and as may be amended. (Ord. 2457, 12-20-2004) 10-11-042-2: DEFINITIONS Definitions: Definitions shall be in accordance with section 10-01-10 of this chapter. AIRPORT: The Caldwell Executive Airport. AVIGATION EASEMENT: A perpetual easement that allows use of airspace above the property for operation of the airport or aircraft, waives claims that might be brought in connection with such operation, imposes height limits, and generally protects the long term viability of the airport from potentially incompatible land uses. COMMISSION: The Caldwell airport commission. DEVELOPMENT: The annexation, subdivision platting, or rezoning of real property, or new construction, special use permitting, or addition of more than two hundred (200) square feet of enclosed space to existing construction on real property. HOSPITAL: An institution providing primary health services and medical or surgical care to inpatients who will or may remain on the premises for twenty-four (24) hours or more. MANAGER: A city employee charged with the responsibility for the day to day operations of the Caldwell Executive Airport. MANUFACTURED HOME: Shall have the meaning assigned to it in section 10-03-11 of this chapter. MASTER PLAN: The most recently adopted version of the plan, specifications, proposed projects, mapping, and other studies for the airport
compiled in compliance with federal aviation administration regulations and adopted by the Caldwell city council. MOBILE HOME: A structure, similar to a manufactured home, built on a permanent chassis, but not constructed according to HUD/FHA mobile home construction and safety standards and Idaho Code section 39-4105, which has sleeping, cooking and plumbing facilities, is intended for residential purposes and is transportable in one or more sections. NOISE SENSITIVE: Those uses of real property identified by section 10-11-05 of this article. Subject to the provisions of section 10-11-05 of this article, noise sensitive uses do not include accessory uses of real property where the primary use on the property is not noise sensitive. NONCONFORMING USE: Any structure, object of natural growth, or use of land in existence at the effective date of this article that is in violation of the provisions of this article or any amendment hereto. PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed by the Federal Aviation Administration regulations for the most precise approach existing or planned for either 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. RESIDENTIAL UNITS: Any structure or improvement upon real property used or suitable for the habitation of people. STRUCTURE: An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, moved earth, and overhead transmission lines. TREE: Any object of natural growth. ZONING MAP: As applied to this article, the most recent map or maps adopted by the City Council indicating the various land use zones in the City. (Ord. 2457, 12-20-2004; Ord. 2895, 3-19-2012; Ord. 3410, 12-6-2022) 10-11-052-3: NOISE SENSITIVE USES Noise Sensitive Uses: For purposes of this article, noise sensitive uses include the following uses of real property taken from the land use table at section 10-02-02 of this chapter. Any use set forth in section 10-02-02 of this chapter as of the effective date of this article and not identified in this section is not noise sensitive. Any proposed use that is not set forth in either section
10-02-02 of this chapter as of the effective date of this article or this section, shall be evaluated and classified by the Planning and Zoning Director or his/her authorized designee. Bed and breakfast. Church. Convalescent, nursing/rest home. Dance, music, voice studio, gymnastics, karate.* Daycare center.* Drive-in theater. Family/group daycare home.* Four-, five- and six-family dwelling. Fraternity, sorority house/dormitory. Hospital. Manufactured home. Manufactured home developments. Masseur.* Mobile home. Multi-family dwelling. Recreational vehicle park. Rooming/boarding house. School (unless the educational facility school/school program is aviation related, which is then allowed). Single-family dwelling. Theater (unless the theater is intended for the use of aviation related films, documentaries, trainings and the like, which is then allowed). Three-family dwelling. Two-family dwelling. Those uses identified above with an asterisk (*) may be allowed within the APO-1 Zone when accompanied with a signed and recorded Avigation Easement Grant to the City by the property owner. The avigation easement shall be substantially the form attached to ordinance 2457 as appendix B, on file in the City as may be amended, and shall be signed by
all property owners as a condition of application approval and prior to issuance of applicable building permits, permanent certificates of occupancy, or business permits. Noise sensitive uses do not include accessory uses of real property where the primary use on the property is not noise sensitive. Provided, however, without regard to any other provision of this chapter, any accessory use in the APO-1 Zone that would be a noise sensitive use if it were the primary use ("noise sensitive accessory use") shall be undertaken and established at the sole risk of the property owner, occupant or developer and with the knowledge and understanding that airport activities may adversely affect any noise sensitive accessory use at any time and in increasing unknown proportion in the future. By authorizing the construction and operation of a noise sensitive accessory use, the City conveys no vested property right to the owner, occupant or developer. Rights conveyed, if any, are specifically limited by the terms of this section. (Ord. 3176, 11-5-2018) 10-11-062-4: APO-1 LAND USE LIMITATION ZONE Land Use Limitation Zone : The APO-1 Zone is a rectangular area around the airport one mile in length on a line extended from each end of the primary surface and one-half (1/2) mile in width each direction laterally from the centerline of the primary surface and extended on that basis to include area so measured from any proposed extension of the primary surface as shown in the most current master plan adopted by the City Council. The APO-1 Zone is shown on the zoning map. (1) Except as provided herein, any use permitted outright or allowed by special use permit in the underlying zone shall be available under the same terms and conditions in the APO-1 Zone provided such use shall meet the additional limitations and conditions of this article. (2) Noise sensitive uses are not permitted anywhere in the APO-1 Zone. Noise sensitive uses in the APO-1 Zone that are in existence at the effective date of this article shall become nonconforming as a result of this article, but may become conforming uses by obtaining a special use permit. To the greatest extent practical, conditions associated with any special use permit issued to nonconforming noise sensitive uses shall include, as a minimum, those required for noise sensitive development in the APO-2 Zone. Furthermore, in addition to all other rights afforded nonconforming noise sensitive uses in the APO-1 Zone, said uses may be rebuilt and continued in the event they are damaged or destroyed by fire or other casualty. No building permit shall be issued in connection with any nonconforming use that would allow a greater hazard (for example: more units, brighter lights, higher structures) to airport safety or noise concerns than existed at the time of adoption of this article. Nonconforming single-family residential dwellings in the APO-1 Zone may be enlarged by remodel or structural addition complying with subsection 10-11-07(2) of this article provided they continue to be used only as single-family residential dwellings after enlargement. (3) Noise sensitive uses that are not in existence at the effective date of this article and are otherwise available in the underlying zone may be allowed by special use permit only where such use is: a) a bona fide aeronautical use, or b) any aeronautically associated use
that is necessary or desirable for the safe, efficient, convenient and economical operation of the airport. Applicants have the burden of proving that any noise sensitive use sought by special use permit in the APO-1 Zone pursuant to this subsection supports airport operations, provides services to airport users and protects the public interest and investment in the airport. The requirements for noise sensitive development in the APO-2 Zone shall be required as a minimum for noise sensitive development in the APO-1 Zone. (Ord. 2457, 12-20-2004) 10-11-072-5: APO-2 NOISE ABATEMENT ZONE Noise Abatement Zone: The APO-2 Zone is a rectangular area to the northeast of the airport beginning at the northeasterly edge of the APO-1 Zone and extending one-half (1/2) mile further to the northeast the full length of the APO-1 Zone. The APO-2 Zone is shown on the zoning map. (1) Permitted Uses: Any use permitted outright or allowed by special use permit in the underlying zone shall be available under the same terms and conditions in the APO-2 Zone, but is subject to the additional limitations and conditions of this article. (Ord. 2457, 12-20-2004) (2) Compliance With Guidelines: Building permit applications for new residential construction and/or for residential additions of more than two hundred (200) square feet of enclosed space to existing construction in the APO-2 Zone shall demonstrate that construction methods shall reduce noise exposure inside the improvement by at least thirty (30) decibels from noise measured immediately outside the improvement. Proof of compliance is the responsibility of the developer/applicant. (Ord. 3065, 9-19-2016) (3) Notification: Rezoning applications, annexation applications, building permit applications for new construction and/or for additions of more than two hundred (200) square feet of enclosed space to existing construction, special use permit applications, and/or subdivision platting applications in the APO-2 Zone shall demonstrate that purchasers or tenants of the improvements or subject property will be notified that the property may be subject to noise exposure, light, vibrations, fumes, exhaust, smoke, air currents, dust, fuel particles, radio, television and other electromagnetic interferences and all other effects as may be inherent to the operation of aircraft for navigation or flight in the air. Measures used to notify purchasers or tenants must include at least a notice on: a) plats and b) deeds or leases. (4) Avigation Easement Grant: Rezoning applications, annexation applications, building permit applications for new construction and/or for additions of more than two hundred (200) square feet of enclosed space to existing construction, special use permit applications, and/or subdivision platting applications in both the APO-1 and APO-2 Zone require grant of an avigation easement to the City, in substantially the form attached to ordinance 2457 as appendix B, as may be amended, on file in the City by all property owners as a condition of application approval and prior to recordation of applicable rezone or annexation ordinances, issuance of applicable permanent certificates of occupancy or the City Engineer's signature on a final plat. (Ord. 2895, 3-19-2012)
(5) Exception: Manufactured homes and mobile homes constructed to meet or exceed the industry standard and HUD requirements in effect at the time of manufacture shall be exempt from the requirements of subsection (2) of this section. (Ord. 2457, 12-20-2004) 10-11-082-6: DIVIDED PARCELS Divided Parcels: This section shall apply to all parcels of property lying partially within the Airport Overlay Zone and partially outside the Airport Overlay Zone, as well as parcels lying partially within the APO-1 Zone and partially within the APO-2 Zone. For purposes of this section, the APO-1 Zone shall be considered more restrictive than the APO-2 Zone, and the APO-2 Zone shall be considered more restrictive than areas outside the Airport Overlay Zone. (1) If the portion of the divided parcel in the more restrictive zone is two (2) acres or less, the entire parcel shall be deemed to lie in the less restrictive zone. Provided, however, that parcels touching a less restrictive zone by only a driveway, deeded access for ingress/egress, “shoestring” or other, similar configuration shall be deemed to lie in the more restrictive zone. (2) If the portion of the divided parcel in the more restrictive zone is between two (2) and five (5) acres, the zone in which the majority of the parcel lies shall apply to the whole parcel. (3) If the portion of the divided parcel in the more restrictive zone is five (5) acres or larger, that portion of the parcel must be developed consistent with the more restrictive zone. (Ord. 2457, 12-20-2004; amd. Ord. 3410, 12-6-2022) 10-11-092-7: LIMITATIONS APPLICABLE TO BOTH ZONES Limitations Applicable to Both Zones: (1) Prohibited: No use in any of the zones described in this article shall: A. Create electrical interference with navigation signals or radio communication between the airport and aircraft; B. Make it difficult for pilots to distinguish between airport lights and others; C. Result in glare in the eyes of pilots using the airport; D. Impair visibility in the vicinity of the airport; E. Create bird strike hazards; F. Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport; G. Potentially cause detriment to the airport operations by emission of fumes, dust, smoke, and/or creation of other negative influences. (2) Requirements Of APO-2 Apply To APO-1: All requirements of the APO-2 zone shall apply with equal force and effect in the APO-1 zone.
(3) Meet Requirements Of Underlying Zone: Development in either the APO-1 zone or the APO-2 zone shall meet the requirements of the underlying zoning district in addition to the requirements of this article. (4) Height Limitations: In order to carry out the provisions and purposes of this article, there are hereby established certain height limitations in the vicinity of the airport. The city incorporates herein the object height limits and restrictions established by the federal aviation administration pursuant to title 14 CFR part 77 (hereinafter "part 77") as now in existence or hereafter amended. Part 77 height limits and restrictions shall be imposed relative to the existing primary surface as well as any extended primary surface shown on the airport master plan. Height limitations shall be calculated with the assistance of the contour and elevation map attached to ordinance 2457 as appendix C, as may be amended. (Ord. 2457, 12-20-2004) 10-11-102-8: NONCONFORMING USES Nonconforming Uses: Nonconforming uses may be continued subject to the regulations found elsewhere in this chapter. Furthermore, in addition to all other rights afforded nonconforming noise sensitive uses in the APO-1 zone, said uses may be rebuilt and continued in the event they are damaged or destroyed by fire or other casualty. However, no building permit shall be issued in connection with any nonconforming use that would allow a greater hazard (for example: more units, brighter lights, higher structures) to airport safety or noise concerns than existed at the time of adoption of this article. (Ord. 2457, 12-20-2004) 10-11-1102-9: AIRPORT COMMISSION REVIEW Airport Commission Review: Applications for rezoning, annexation, deannexation, subdivision plats, special use permits, planned unit developments, manufactured or mobile home parks or variances on any property lying wholly or partially within the APO-1 or APO-2 zones shall be submitted to the airport commission for comment as part of any action by the Caldwell planning and zoning director, Caldwell planning and zoning commission or city council. (Ord. 2865, 6-20-2011) 10-11-1202-10: MISCELLANEOUS PROVISIONS Miscellaneous Provisions: (1) Appeals: Any person aggrieved or any taxpayer affected by any decision made by the planning and zoning director or the planning and zoning commission in the application of this article may appeal the decision to the city council pursuant to chapter 1, article 5 of this code. (2) Enforcement: It is the duty of the planning and zoning director to administer and enforce these regulations. (Ord. 2457, 12-20-2004; Ord. 2871, 3-7-2011) (3) Conflicting Regulations: When there is a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
(4) Savings Clause: The provisions of this article are declared to be severable. If any portion hereof is found to be invalid, such finding shall not affect the validity of the remaining portions, sentences, clauses and phrases of this article, but the same shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part. (5) Incorporation Of Appendices And Exhibits: All appendices, exhibits, maps, plans or other documents referred to herein are incorporated herein by this reference. (Ord. 2457, 12-20-2004)