10-5-5: COMPATIBLE LAND USE REGULATIONS:

   A.   Airport Compatible Land Use Overlay Zoning Districts: For the purpose of regulating the development of noise sensitive land uses; to promote compatibility between the airport and the surrounding land uses; to protect the airport from incompatible development; and to promote the health, safety, and general welfare of property users, the controlled area of Colorado Plains Regional Airport is divided into airport compatible land use overlay zoning districts. The airport compatible land use overlay zoning districts established herein shall be known as:

 

Off Airport Land Use Zone Number	Zoning District Name
1	Runway protection zone
2	Inner safety zone
3	Inner turning zone
4	Outer turning zone
5	Sideline safety zone
6	Traffic pattern zone

 

   B.   Off Airport Land Use Drawing:

      1.   The boundaries of the airport compatible land use overlay zoning districts set out herein are delineated upon the Colorado Plains Regional Airport off airport land use drawing. The off airport land use drawing is adopted by reference and made a part of this chapter as fully as if the off airport land use drawing were set forth herein in detail.

      2.   Three (3) original, official, and identical copies of the off airport land use drawing reflecting the boundaries of the airport compatible land use overlay zoning districts of the town are hereby adopted and the board of trustees acting through the mayor of the town are hereby authorized to sign and attest each map as the official off airport land use drawing and such maps shall be filed and maintained as follows:

         a.   One copy shall be filed for permanent record in the office of the town clerk-administrator and shall be designated as exhibit D. This copy shall not be changed in any manner.

         b.   One copy shall be filed in the office of the planning commission and shall be designated as exhibit E. The planning commission shall maintain this copy by posting thereon all subsequent changes and amendments.

         c.   One copy shall be filed in the office of the airport manager and shall be designated as exhibit F.

   C.   Airport Compatible Land Use Overlay Zoning District Boundaries:

      1.   The airport compatible land use overlay zoning district boundary lines shown on the official off airport land use drawing shall be located and delineated along contour lines established for Colorado Plains Regional Airport. Where uncertainty exists as to the boundaries of the airport compatible land use overlay zoning districts as shown on the official map, the following rules shall apply:

         a.   Boundaries shall be scaled from the nearest runway end shown on the map.

         b.   Boundaries shall be scaled from the nearest physical feature shown on the map.

         c.   Boundaries may be scaled from the nearest platted lot line as shown on the map.

         d.   Distances not specifically indicated on the original off airport land use drawing shall be determined by a scaled measurement on the map.

      2.   Where physical features on the ground differ from the information shown on the official off airport land use drawing or when there arises a question as to how or where a parcel of property is zoned and such questions cannot be resolved by the application of subsection C1 of this section, the property shall be considered to be classified as the most restrictive airport compatible land use overlay zoning district.

      3.   Where a parcel of land lies within more than one airport compatible land use overlay zoning district, the zone within which each portion of the property is located shall apply individually to each portion of the development.

   D.   Use Of Land And Buildings:

      1.   Within the airport compatible land use overlay zoning districts as defined herein, no land shall hereafter be used and no structure or other object shall hereafter be erected, altered, converted, or modified other than for those compatible land uses permitted by underlying comprehensive zoning districts, as specified in this code. Additional land uses are prohibited in the airport compatible land use overlay zoning districts, regardless of underlying zoning, as set forth in the land use compatibility table included in subsection F of this section.

      2.   Where any use of prohibited land and buildings set forth in subsection D1 of this section conflicts with any use of land and buildings set forth in this code, as an allowed use on the zoning district map, this chapter shall apply.

      3.   This subsection does not apply to property within the official boundaries of the airport.

      4.   Where specified on the airport compatible land use table in subsection F of this section, the property owner shall dedicate, in advance of receiving a building permit, an aviation clear zone easement to the town. The purpose of this easement shall be to establish a maximum height restriction on the use of property and to hold the public harmless for any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft landing at, taking off from, or operating on or at public airport facilities.

   E.   Additional Land Use Regulations:

      1.   Within the town, the more restrictive of this code or subsection D1 of this section, shall apply to the development of all property covered by the off airport land use drawing.

      2.   On property within the off airport land use drawing jurisdiction, but outside the jurisdictional limits of the town, subsection D1 of this section shall apply to formulate land use recommendations or responses to land use comment requests from other jurisdictions.

      3.   When a provision of this section conflicts with any airport height hazard restrictions, the most restrictive provision shall apply.

      4.   Notwithstanding any other provisions of this chapter or other provisions of this code, no use may be made of land, water, or structures within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and others; or result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards; or otherwise in any way endanger or interfere with the landing, taking off, or flight operations of aircraft utilizing the airport.

      5.   When a subdivision plat is required for any property within an airport compatible land use overlay zoning district or within an area shown on the FAR part 77 airspace drawing for Colorado Plains Regional Airport, the property owner shall dedicate an aviation hazard easement to the town over and across that property. This easement shall establish a height restriction on the use of the property and hold the public harmless from any damages caused by noise, vibration, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the Colorado Plains Regional Airport.

   F.   Land Use Compatibility Table: The following table shall apply:

LAND USE COMPATIBILITY TABLE

P - Permitted, C - Conditional, X - Not Allowed

Colorado Plains Regional Airport		Runway Protection Zone	Inner Safety Zone	Inner Turning Zone	Outer Turning Zone	Sideline Safety Zone	Traffic Pattern Zone
Residential:
	Single-family, nursing homes, multi-family, apartments, condominiums	X	X	C 1,3	C3,4	X	C3
	Transient lodging, motels, hotels	X	X	C1,3	C3,4	X	C3
Public:
	Parking and cemeteries	X	C5	P	P	P	P
	Schools, libraries, churches	X	X	C4	C4	X	C3
Commercial/industrial:
	Airport revenue producing enterprises	X	P	P	P	P	P
	Offices, retail trades, light industrial, general manufacturing, utilities, extractive industry	X	C6	C3,4	C3,4	C6	P
Agricultural and recreational:
	Amphitheaters	X	X	X	X	X	C3
	Cropland	P	P	P	C2	P	P
	Livestock breeding, zoos, golf courses, riding stables, water recreation	X	C6	P	P	P	P
	Open space	P	P	P	P	P	P
	Outdoor spectator sports, parks, playgrounds	X	X	C1,3	C1,3,4	X	X

 

Conditions:

   1.    If allowed, avigation easements and disclosure must be required as a condition of development. Limit residential density to 1 unit per 5 acres. Limit commercial density to 25 people per acre.

   2.    Any structures associated with uses allowed in the 65 Ldn noise contour must be located outside the 65 Ldn noise contour.

   3.    If no reasonable alternative exists, use should be located as far from extended centerline as possible. Avigation easement should be required as a condition of development.

   4.    If allowed, disclosure of airport proximity must be required as a condition of development. An avigation easement should be considered based on proximity to runway centerline. Limit residential density to 1 unit per 5 acres. Limit commercial density to 40 people per acre inside buildings and 75 people per acre outside.

   5.    Transportation facilities in the 65 Ldn noise contour (i.e., roads, railroads, waterways) must be configured to comply with FAR part 77 requirements.

   6.    Disclosure of airport proximity should be required as a condition of development, Limit density to 5 people per acre.

Note: All facilities should be configured to comply with FAR part 77 requirements.

(Ord. 473, 11-1-2004)