BLAINE COUNTY ORDINANCE NO. 2023-05
AMENDMENTS TO TITLE 9, ZONING REGULATIONS, CHAPTER 18, AIRPORT VICINITY OVERLAY DISTRICT
AN ORDINANCE OF BLAINE COUNTY, IDAHO, AMENDING TITLE 9, ZONING REGULATIONS, CHAPTER 18, AIRPORT VICINITY OVERLAY DISTRICT, ADDING DISTINCT REQUIREMENTS FOR AN AREA NEAR FRIEDMAN MEMORIAL AIRPORT AND MODIFIYING THE EXISTING REQUIREMENTS TO APPLY TO OTHER AIRPORTS IN THE COUNTY, PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE.
RECITALS
WHEREAS, the Board of County Commissioners (Board) is empowered by the Local Land Use Planning Act of 1975, Idaho Code Section 67-6511, to adopt and amend regulations establishing zoning districts and appropriate uses therefore;
WHEREAS, Pursuant to Blaine County Code §9-31-1 (amendments), “The text and maps of this title may be amended whenever the board deems that amendment is required for public convenience or necessity, or for the general welfare”;
WHEREAS, the provisions regarding the Airport Overlay Vicinity District in Title 9, Zoning Regulations, are outdated and insufficient as they apply to the area near Friedman Mem. Airport;
WHEREAS, the Friedman Memorial Airport fulfills an essential community purpose;
WHEREAS, the encroachment of noise sensitive or otherwise incompatible land uses within certain areas as set forth herein endangers the health, safety, and welfare of the owners, occupants, or users of the land;
WHEREAS, the creation or establishment of an aviation hazard is a public nuisance and will injure the region served by the Airport;
WHEREAS, it is necessary in the interest of the public health, safety, and general welfare that the creation of aviation hazards be prevented;
WHEREAS, joint cooperation between all governing boards having jurisdiction within or adjoining the airport’s hazard areas is encouraged as a mechanism to prevent aviation hazards;
WHEREAS, the prevention of these aviation hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation;
WHEREAS, the Blaine County Board of County Commissioners (“Board”) initiated these changes on February 18, 2020;
WHEREAS, the Planning and Zoning Commission (“Commission”) held duly noticed public hearings on January 26 & February 23, 2023. On March 2, 2023, the Commission recommended that the Board approve the proposed amendments as revised through their hearings and deliberations, finding them in compliance with Blaine County’s Comprehensive Plan and having no demonstrable negative impacts on potable water sources or on the delivery of services; and,
WHEREAS, pursuant to Blaine County Code and Idaho Code, the Board held a duly noticed public hearing on June 6 & 27 and July 11, 2023, considered the Commission’s recommendation, took public comment, and evaluated the matter. On July 11, 2023, the Board approved the proposed amendments as revised through their hearings and deliberations, finding them in compliance with Blaine County’s Comprehensive Plan and having no negative impacts on potable water sources or on the delivery of services.
NOW THEREFORE, be it ordained by the Board of County Commissioners of Blaine County, Idaho:
FRIEDMAN MEMORIAL AIRPORT VICINITY OVERLAY DISTRICT (FMAV)
SECTION:
9-18A-1: Purpose
9-18A-2: Authority
9-18A-3: Applicability
9-18A-4: Definitions
9-18A-5: Airport Height Restriction Zone Designations (Height Zones)
9-18A-6: Airport Height Zone Limitations
9-18A-7: Airport Compatible Land Use Overlay Zones (Land Use Zones)
9-18A-8: Airport Compatible Land Use Overlay Zone Boundaries
9-18A-9: Friedman Memorial Airport Land Use Zone Map
9-18A-10: Use of Land And Buildings
9-18A-11: Additional Land Use Regulations
9-18A-12: Disclosure Statement
9-18A-13: Friedman Memorial Airport Vicinity Overlay District Land Use Table Notes/Conditions of Approval
9-18A-14: Friedman Memorial Airport Vicinity Overlay District Land Use Table
9-18A-1: PURPOSE:
It is the purpose of the Friedman Memorial Airport Vicinity Overlay District to regulate the use of property in the vicinity of the Friedman Memorial Airport (the Airport) by: creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referencing the Friedman Memorial Airport’s Federal Aviation Regulation (FAR) Part 77 Airspace Drawing (herein referred to as Airspace Drawing) and Friedman Memorial Airport Land Use Zone Map, which are incorporated in and made a part of this Chapter.
It is hereby found that an aviation hazard endangers the lives and the property of users of the Friedman Memorial Airport, as well as the property and the occupants of land in the vicinity of the Airport. An aviation hazard reduces the size of the area available for landing, takeoff and maneuvering of aircraft, and thus diminishes or impairs the utility of the Airport and the public investment therein.
The Friedman Memorial Airport Vicinity Overlay District does not modify the base density of the underlying zoning district existing at time of adoption. Future uses are limited to those in strict conformance, as applicable, with the zoning in existence at the time of adoption of this ordinance and with the additional limitations and conditions set forth in table 9-18-14.
9-18A-2: AUTHORITY
The Board adopts this Chapter pursuant to the provisions and authority conferred by Article 12, Section 2, of the Idaho State Constitution, and Title 21, Chapter 5, Airport Zoning Act, and Title 67, Chapter 65, Local Land Use Planning, of the Idaho Code.
9-18A-3: APPLICABILITY
The provisions of this chapter and code shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the Friedman Memorial Airport Vicinity Overlay District designated on the Airspace Drawing and Airport Land Use Zone Map that are located within Blaine County, Idaho, whether now or in the future.
9-18A-4: DEFINITIONS:
14 CFR PART 77 – Code of Federal Regulations referred to as Federal Aviation Regulation (FAR) Part 77. 14 CFR Part 77 defines the regulations applicable to objects which may affect navigable airspace.
Airport – Any runway, any area, or other facility designed or used either publicly or privately for the landing and taking-off of aircraft, including all accessory taxiways, aircraft storage and tie down areas, hangars, and other necessary buildings. For purposes of Chapter 9-18A, Airport means the Friedman Memorial Airport.
Airport Elevation – The highest point of an airport's usable landing area measured in feet from mean sea level.
Airport Influence Area – An area which establishes boundaries used to define the airport environs for land use planning purposes. Factors to be considered in defining the boundary of the Airport Influence Area include airport noise contours (when applicable), airport traffic patterns, departure, arrival and instrument approach corridors, safety zones and height restriction areas.
Approach Surface – A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section
9-18A-5: AIRPORT HEIGHT RESTRICTION ZONE DESIGNATIONS (HEIGHT ZONES) of this Chapter. The outer width of an approach/departure surface will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end as identified on the Friedman Memorial Airport’s approved Airport Layout Plan.
Approach, Departure, Transitional, Horizontal, and Conical Zones – These zones are set forth in Section
9-18A-5: AIRPORT HEIGHT RESTRICTION ZONE DESIGNATIONS (HEIGHT ZONES) of this Chapter.
Aviation Hazard – An obstruction or hazard to air navigation that includes any new or existing structure, object of natural growth, use of land, or modification thereto, which endangers the lives and property of users of an airport, or of occupants of land in its vicinity, and that reduces the size of the area available for landing, taking off and maneuvering of aircraft, or penetrates an imaginary surface, and has an adverse effect on the safe and efficient utilization of the navigable airspace.
Avigation Easement – A non-possessing property interest in airspace over a land parcel or portion of land. It is a legally developed document obtained by the owner of an airport to permit activities including the right of flight and the right to remove obstructions, but not necessarily to the extent of prohibiting the use of the land within the limits of the rights obtained.
Buffer Zone – A portion of the Lateral Safety Zone, North Critical Zone, or South Inner Critical Zone that provides a transition of zoning from one zone to the next.
Compatible Land Use – Compatibility of land use is attained when the use of property adjacent to an airport neither adversely affects flight operations from the airport nor is itself adversely affected by such flight operations. In most cases, the adverse effect of flight operations on adjacent land results from exposure of noise sensitive development, such as residential areas, to aircraft noise and vibration. Land use that adversely affects flight operations is that which creates or contributes to a flight hazard. For example, any land use that might allow tall structures, block the line of sight from the control tower to all parts of the airfield, inhibit pilot visibility (such as glaring lights, smoke, etc.), produce electronic aberrations in navigational guidance systems, or that would tend to attract birds would be considered an incompatible land use. For instance, under certain circumstances, an exposed landfill may attract birds. If open incineration is regularly permitted, it can also create a smoke hazard. In some cases, concurrent land use can be an appropriate compatible land use. Concurrent land use means that the land can be used for more than one purpose at the same time. For example, portions of land needed for clear zone purposes could also be used for agriculture purposes at the same time.
Conical Surface – A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Critical Zones – An extended area off the runway end used to enhance the protection of people and property on the ground.
FAA – The Federal Aviation Administration.
Fair Disclosure Statement – A notification to prospective buyers of property near airports that they may be exposed to potentially impactful levels of aircraft overflight. These statements in no way abrogate an individual’s right to take later action against the airport, but rather give buyers a fair warning.
Height – For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the Friedman Memorial Airport Airspace Map, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal Surface – A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the Horizontal Zone.
Impact Coordination Zone – An area in the proposed Area of City Impact where aircraft are commonly operating for the purposes of landing and take-off in the immediate vicinity of the airport. The Impact Coordination Zone(s) establishes land use restrictions to enhance the protection of people and property on the ground while considering influences of the Area of City Impact. The Impact Coordination Zone is any Area of City Impact area within any Airport Compatible Land Use Overlay Zone.
Incompatible Land Uses – Incompatible land use at or near airports may result in the creation of hazards to air navigation and reductions in airport utility resulting from obstructions to flight paths or noise-related incompatible land use resulting from residential construction too close to the airport. Incompatible land uses include obstructions or residential construction built on airport property or in violation of conditions of released land or residential development within grant funded aircraft noise compatibility land. Introducing a wildlife attractant or failure to take adequate steps to mitigate hazardous wildlife at the airport can also result in an incompatible land use. Incompatible land uses can include wastewater ponds, municipal flood control channels and drainage basins, sanitary landfills, solid waste transfer stations, electrical power substations, water storage tanks, golf courses and other bird attractants, roads, railroads, and navigable waterways. Other incompatible uses would be towers or buildings that penetrate Part 77 surfaces or are located within a runway protection zone (RPZ), runway object free area (ROFA), object free zone (OFZ), clearway or stopway.
Inner Critical Zone – Rectangular in shape and centered about the extended runway centerline. The width of the Inner Critical Zone is 2000 feet and extends a horizontal distance of up to 7500 feet from each end of the primary surface.
Instrument Departure Surface - A trapezoidal shape that begins at the end of the runway and extends along the extended runway centerline and with a slope, starting at the elevation of the end at a slope of 40 to 1 for a horizontal distance of 10,000 feet.
Larger Than Utility Runway – A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
Lateral Safety Zone – An area extending 1000 feet either side of runway centerline and including the area between the ends of the primary surface(s) used to enhance the protection of people and property on the ground.
NAVD 88 – North American Vertical Datum 1988. All elevations in this Chapter are referenced to the 1988 North American Vertical Datum.
Navigable Airspace – Any airspace where heavier-than-air vehicles can operate. Specifically per Federal Aviation Regulations (FAR), navigable airspace includes airspace at and above the minimum safe flight level, including airspace needed for safe takeoff and landing.
Nonprecision Instrument Runway – A runway having an existing instrument approach procedure utilizing air navigation facilities, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. It also means a runway for which a nonprecision approach system is planned and is so indicated on an approved Airport Layout Plan.
Obstruction – Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used, and any permanent or temporary apparatus, including mobile objects, that now, or in the future, may exceed a limiting height set forth in Section 9-18A-6: AIRPORT HEIGHT ZONE LIMITATIONS of this Chapter.
Outer Critical Zone – Rectangular in shape and centered about the extended runway centerline. The width of the Outer Critical Zone is 1000 feet and extends a horizontal distance of up to 5000 feet, but no less than 3000 feet, from each end of the Inner Critical Zone.
Person – An individual, corporation, joint venture, limited partnership, partnership, firm, syndicate, association, trustee, or other similar entity or organization
Precision Instrument Runway – A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), a Precision Approach Radar (PAR) or a Global Positioning System (GPS). It also means a runway for which a precision approach system is planned and is so indicated on an approved Airport Layout Plan.
Primary Surface – A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or 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 set forth in Section
9-18A-5: AIRPORT HEIGHT RESTRICTION ZONE DESIGNATIONS (HEIGHT ZONES) of this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
Runway – A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Runway Protection Zone (RPZ) – An area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The applicable RPZ dimensions are depicted on the Friedman Memorial Airport Layout Plan.
Structure – Anything constructed or erected and which is attached, directly or indirectly, to a fixed location on the ground. Structures include, but are not limited to, buildings, modular homes, mobile homes, walls, fences, signs and billboards. For purposes of this Chapter, the term “structure” shall be expanded to include, in addition to the foregoing, overhead electrical transmission lines or power poles, and their appurtenances, towers, cranes and smokestacks.
Transitional Surfaces – These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces as defined in FAR Part 77 to a point where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.
Utility Runway – A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
Visual Runway – A runway intended solely for the operation of aircraft using visual approach procedures.
In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach and departure surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Airport. Such zones are shown on the Airspace and Departure Surface Drawings. The Airspace and Departure Surface Drawings reflecting the boundaries of the airport Height Zones is adopted by reference and declared a part of this chapter, identified as Exhibit A. The Airspace and Departure Surface Drawing is on file at the Land Use and Building Services Office located at 219 First Avenue South, Suite 208, Hailey, Idaho. Subsequent changes to the Airspace Drawing shall be made by amendment to this chapter pursuant to Chapter 26, Reclassification of a Zoning District (Rezone) and Chapter 31, Amendments, of this Title.
Each portion of an area located in more than one (1) of the following zones shall be evaluated independently according to the zone in which it is located. The various zones are hereby established and defined below.
1) NONPRECISION INSTRUMENT RUNWAY APPROACH ZONE (LARGER THAN UTILITY RUNWAY). Runway 31. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
2) VISUAL RUNWAY APPROACH ZONE (LARGER THAN UTILITY RUNWAY). Runway 13. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach surface expands uniformly to a width of 1,500 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
3) INSTRUMENT DEPARTURE SURFACE. A trapezoidal shape that begins at the end of the runway and extends along the extended runway centerline and starts at the elevation of the end of the runway. The inner edge of the instrument departure surface is 1000 feet wide. The instrument departure surface expands uniformly to a width of 6,300 feet at a horizontal distance of 10,000 feet from the runway end.
4) TRANSITIONAL ZONE. The transitional zones are the areas beneath the transitional surfaces.
5) HORIZONTAL ZONE. The horizontal zone is established by swinging arcs of 5,000 or 10,000 feet radii from the center of each end of the primary surface of the primary runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The horizontal zone was constructed with 10,000 feet radii.
6) CONICAL ZONE. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.
9-18A-6: AIRPORT HEIGHT ZONE LIMITATIONS
A. Pursuant to this section and except as otherwise provided in this Chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any Height Zone created by this Chapter to a height in excess of the applicable height limit established for such zone, as follows:
1) NONPRECISION INSTRUMENT RUNWAY APPROACH ZONE (LARGER THAN UTILITY RUNWAY). Runway 31. Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
2) INSTRUMENT DEPARTURE SURFACE. Runway 13. Slopes forty (40) feet outward for each foot upward beginning at the end of and the same elevation as the runway extending to a horizontal distance of 10,000 feet from the extended runway centerline.
3) VISUAL RUNWAY APPROACH ZONE. Runway 13. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
4) TRANSITIONAL ZONE. Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
5) HORIZONTAL ZONE. Established at 150 feet above the airport elevation.
6) CONICAL ZONE. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
EXCEPTED HEIGHT LIMITATIONS: In the area lying within the limits of the Horizontal and Conical Zones, nothing in this Chapter shall be construed as prohibiting the construction, maintenance, or growth of anything to a height that is less than fifty (50) feet above the surface of the land, except when, because of terrain, land contour or topographic features, such structure or growth would extend above the height limits prescribed herein.
9-18A-7: AIRPORT COMPATIBLE LAND USE OVERLAY ZONES (LAND USE ZONES)
The controlled area of the airport is divided into Airport Compatible Land Use Overlay Zones (Land Use Zones). The purpose of such zones shall be to regulate the development of noise sensitive land uses; promote compatibility between the Airport and the surrounding land uses; protect the Airport from incompatible development; and promote the health, safety and general welfare of property users. The Airport Land Use Zones established herein shall be known as:
A. Runway Protection Zone (RPZ)
B. Lateral Safety Zone (LSZ)
C. Inner Critical Zone (ICZ)
D. Buffer Zone
E. Outer Critical Zone (OCZ)
F. Airport Influence Area (AIA)
9-18A-8: AIRPORT COMPATIBLE LAND USE OVERLAY ZONE BOUNDARIES
When a question arises as to how or where a parcel of property is zoned and such questions cannot be resolved by the application of Section 9-18A-7, AIRPORT COMPATIBLE LAND USE OVERLAY ZONES (LAND USE ZONES) the property shall be considered to be classified as the most restrictive Airport Land Use Zone.
Where a parcel of land lies within more than one (1) Airport Land Use Zone, the zone within which each portion of the property is located shall apply individually to each portion of the development.
9-18A-9: AIRPORT LAND USE ZONE MAP
The boundaries of the Airport Land Use Zones set out herein shall be delineated upon the Airport Land Use Zone Maps, with said maps being adopted by reference and made a part of this Chapter as fully as if the same were set forth herein in detail, identified as Exhibit B.
The Friedman Memorial Airport Land Use Zone Maps are on file at the Land Use and Building Services Office located at 219 First Avenue South, Suite 208, Hailey, Idaho. Subsequent changes to the Land Use Zone Maps shall be made by amendment to this chapter pursuant to Chapter 26, Reclassification of a Zoning District (Rezone) and Chapter 31, Amendments, of this Title.
9-18A-10: USE OF LAND AND BUILDINGS
Within the Airport Land Use Zones 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 (1) those land uses authorized by the underlying zoning districts, as specified in this Title, which are identified as permitted or permitted with airport conditions in the Friedman Memorial Airport Vicinity Overlay District Land Use Table, Section 9-18A-14 of this chapter; or (2) those land uses located on property owned or leased by Friedman Memorial Airport Authority which are or may become necessary to conform with Federal Aviation Administration requirements or Idaho Division of Aeronautics requirements to operate the airport. Additional land uses are prohibited in the Airport Land Use Zones, regardless of underlying zoning, as set forth in the Friedman Memorial Airport Vicinity Overlay District Land Use Table.
Where any prohibited use of land and buildings set forth in the Friedman Memorial Airport Vicinity Overlay District Land Use Table conflicts with any use of land and buildings set forth in the Blaine County Zoning Ordinance and/or Zoning Map, this chapter shall apply.
9-18A-11: ADDITIONAL LAND USE REGULATIONS
On property within the Airport Land Use Zone Map jurisdiction, but outside the jurisdictional limits of Blaine County, Idaho, this Chapter shall be used to formulate land use recommendations or responses to land use comment requests from other jurisdictions.
In the event of conflict between this section and any aviation hazard restriction, the most restrictive provision shall apply.
Notwithstanding any other provisions of this Chapter or sections of the Blaine County Zoning Ordinance, 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.
9-18A-12: DISCLOSURE STATEMENT
Fair Disclosure Statement shall be provided to any applicant for a permit within the Airport Influence Area, and shall be required to be provided to any prospective buyers of any structure or property within in such zones prior to closing. Further, the Fair Disclosure Statement shall serve to notify permit applicants and prospective buyers of property near the airport that the indicated property is subject to the provisions of this Chapter and lies within the Airport Influence Area and under the Airport’s FAR Part 77 Airspace. Although there are no known intrusions into the Airspace in existence resulting in safety or operational impacts at the time of the adoption of this Ordinance, it may be necessary to clear and keep clear the Airspace of any portions of buildings, structures, or improvements of any and all kinds, and of trees, vegetation, or other objects. This includes reserving the right of the County to remove or demolish those portions of such buildings, structures, improvements, trees or any other objects which extend into the Airspace; cut to the ground level and remove any trees which extend into the Airspace; the right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects now upon, or that in the future may be upon, said Parcel, and which extend into the Airspace. The Fair Disclosure Statement shall also notify applicant for permit or prospective buyers that they may be exposed to potentially impactful levels of aircraft overflight, including but not limited to noise, vibration, fumes, dust, fuel or fuel particles, and other effects that may be caused by normal aircraft operations in around an airport.
Before a permit is issued or the closing of a sale, the applicant or prospective buyer shall sign the Fair Disclosure Statement and the Fair Disclosure Statement will be recorded in the deed records of the County. Upon the applicant’s or prospective buyer’s refusal, County shall acknowledge that the applicant or prospective buyer was made aware of the above-described impacts. Such statement shall be recorded in the deed records of the County.
Nothing stated herein is meant to provide pilots, crews, owners of aircraft, or any other person protection from liability for negligence committed on their part.
9-18A-13: FRIEDMAN MEMORIAL AIRPORT VICINITY OVERLAY DISTRICT LAND USE TABLE NOTES/CONDITIONS OF APPROVAL
NOTES
∙ All facilities and structures, whether permanent or temporary, must be configured to comply with federal regulation 14 CFR Part 77 requirements including the submittal of Form FAA 7460-1 as applicable.
∙ The Impact Coordination Zone includes all Areas of City Impact within the Airport Compatible Land Use Overlay Zones.
AIRPORT CONDITIONS
1) If allowed, avigation easements and disclosure must be required as a condition of development.
2) Limit residential density to 1 unit per 1 acre, or less pursuant to underlying zoning district.
3) Avoid high intensity commercial uses such as large box retail stores (i.e. Wal-Mart, Home Depot) or strip malls. Use should be located as far from extended centerline as possible.
4) If no reasonable alternative exists, noise sensitivity of the use should be considered including construction methods and materials that mitigate noise impacts where applicable.
5) If no reasonable alternative exists, use should be located as far from extended centerline as possible.
6) Such uses may present a bird and wildlife attractant. If allowed, consideration of the proximity of the airport and potential negative impacts should be considered. Refer to FAA Advisory Circulars (AC) 150/5200-33 and 150/5200-34, as amended, for guidance.
7) Development must be in strict conformance with the underlying zoning. No waivers and/or height variances shall be permitted. No Planned Unit Development (PUD) density bonuses are allowed in these zones.
Land Use Compatibility Criteria: | ||||||||
X – Not Allowed, P – Permitted, PWAC – Permitted with Airport Conditions (See previous page for notes and conditions) | ||||||||
LAND USE ZONE | ||||||||
A | B | C | D | E | F | |||
LAND USE | Runway Protection Zone | Lateral Safety Zone | Inner Critical Zone | Buffer Zone | Outer Critical Zone | Airport Influence Area | ||
Residential | ||||||||
Single-family | X | X | X | PWAC (1,2,4,5,7) | PWAC (1,2,4,5,7) | PWAC (1,4,5) | ||
Nursing homes, multi-family, apartments, condominiums, mobile home parks | X | X | X | X | PWAC (1,4,5,7) | PWAC (1,4,5) | ||
Transient lodging (i.e. hotels and motels) | X | X | X | X | PWAC (1,4,5,7) | PWAC (1,4,5) | ||
Public / Semi-Public Uses | ||||||||
Schools, libraries, churches, day care facilities, gyms, senior centers, activity centers | X | X | X | X | PWAC (1,4,5,7) | PWAC (1,4,5) | ||
Parking and cemeteries | X | P | P | P | P | P | ||
Commercial/Industrial | ||||||||
Offices, retail stores and trades, light and heavy industrial, commercial, utilities (including wireless communication facilities), gravel pit, self-storage units | X | PWAC (1) | PWAC (1,3,7) | PWAC (1,5,7) | PWAC (1,5,7) | PWAC (1) | ||
Airport revenue-producing enterprises | X | PWAC (1) | PWAC (1,3,7) | PWAC (1,5,7) | PWAC (1,5,7) | PWAC (1) | ||
Agricultural and Recreational | ||||||||
Cropland | P | P | P | P | P | P | ||
Livestock breeding, zoos, golf courses, riding stables, water recreation | X | PWAC (5,6) | PWAC (5,6,7) | PWAC (5,6,7) | PWAC (5,6,7) | P | ||
Outdoor spectator sports, parks, playgrounds, campgrounds | X | PWAC (1,4,5) | PWAC (1,4,5,7) | PWAC (1,4,5,7) | PWAC (1,4,5,7) | PWAC (1,5) | ||
Amphitheaters | X | PWAC (1,4,5) | X | PWAC (1,4,5,7) | PWAC (1,4,5,7) | PWAC (1,5) | ||
Open space | P | P | P | P | P | P | ||
Bird and Wildlife Attractants | ||||||||
Sanitary Landfills | X | X | X | X | X | PWAC (6) | ||
Water treatment plants, water impoundments | X | X | X | X | X | PWAC (6) | ||
Wetlands mitigation, river restoration, stream alteration, flood mitigation activities | X | X | PWAC (6,7) | PWAC (6,7) | PWAC (6,7) | PWAC (6) | ||
CHAPTER 18B
NON-FRIEDMAN AIRPORT VICINITY OVERLAY DISTRICT (AV)
SECTION:
9-18B-1: Purpose
9-18B-2: Definitions
9-18B-3: Developable Density
9-18B-4: Permitted Uses
9-18B-5: Accessory Uses
9-18B-6: Additional Restrictions
9-18B-1: PURPOSE:
This District is established to prevent encroachment on air space, to prevent interference from the light and electromagnetic sources on runway approaches and to prevent intensive human use of runway approaches
at all airports in the jurisdiction of Blaine County with the exception of the Friedman Memorial Airport.
9-18B-2: DEFINITIONS:
The Airport Vicinity Overlay District for airports other than Friedman Memorial Airport shall be geometrically defined as:
A. A rectangle (the runway proper) whose width is five hundred feet (500') and whose length (L) is the maximum planned or foreseeable length of the runway. Unpaved, non-commercial airports may allow for a lesser width, with a minimum of two hundred fifty feet (250').
B. A primary safety zone, or that portion of the approach area to the runway measuring in length 2/3L, and a width flaring on both sides from five hundred feet (500') (immediately adjacent to the runway proper), at a rate of one lateral foot for every ten feet (10') in length.
C. A secondary safety zone on both extremities of the primary safety zone, measuring in length 1/3L, and flaring in width in the same manner.
Where topographic features near an airport indicate, the alignment of these components may be altered slightly in accordance with topography. Where approaches and takeoffs are restricted to the same direction, the primary and secondary zones shall be defined accordingly, in the same direction alone.
9-18B-3: DEVELOPABLE DENSITY:
A. Primary Safety Zone: Within the primary safety zone, the base density and maximum PUD bonus shall be the same as that assigned to the underlying district. However, no residential building permits will be issued within this zone; all density accumulated by ownership of these lands must be transferred to land outside this zone to contiguous property.
B. Secondary Safety Zone: Within the secondary safety zone, the base density and maximum PUD bonus shall be the same as that assigned to the underlying district.
9-18B-4: PERMITTED USES:
A. For The Runway Proper: Only those uses necessary for the operation of the airport.
B. Within The Primary Safety Zone: Agricultural purposes, recreational uses without structures, parks, golf courses, cemeteries or water impoundments.
C. Within The Secondary Zone: Agricultural purposes, recreational uses and residential uses.
9-18B-5: ACCESSORY USES:
A. In The Runway Proper: None.
B. In The Primary Safety Zone: Additional buildings or uses on the same premises which are clearly and customarily incidental to the principal permitted use.
C. In The Secondary Safety Zone: Additional buildings or uses on the same premises which are clearly and customarily incidental to the principal permitted use.
9-18B-6: ADDITIONAL RESTRICTIONS:
In any portion of the Airport Vicinity Overlay District that following additional restrictions apply:
A. Prohibited Lighting:
1. Any moving, pulsating, flashing, rotating or oscillating light.
2. Flood lights, spot lights or other lighting device shall be so arranged or shielded as not to cause illumination in an upward direction.
3. Any light which constitutes "misleading light" within the meaning of regulations adopted by the Federal Aviation Administration.
B. Glare: No glare-producing building materials shall be allowed on any structure.
C. Electromagnetic Influences: No use may be made of land which results in electromagnetic radiation which interferes with radio communication between aircraft and airport or interferes with established radio navigation aids.
SECTION 3. That lands shown in Attachment “A” hereto and which consists of those lands in the vicinity of Friedman Memorial Airport currently zoned as Airport Vicinity Overlay shall be rezoned and reclassified from and after the effective date of this ordinance as Friedman Memorial Airport Vicinity Overlay, shown in Attachment “B” and shall be designated as such on the official County Zoning Map, which amended map is hereby approved.
Section 4. Severability Clause. The Board of County Commissioners intends that each separate provision of this Ordinance be deemed independent of all other provisions herein, and it is further the intention of said Board that if any of the provisions of this ordinance be declared to be invalid, then all other provisions thereof shall remain valid and enforceable.
Section 5. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication.
Regularly passed, approved and adopted by the Board of County Commissioners of Blaine County, Idaho, this ______ day of _________, 2023.
BOARD OF COUNTY COMMISSIONERS OF BLAINE COUNTY, IDAHO
Muffy Davis, Chair
Attestation: (seal)
Stephan McDougall Graham
Angenie McCleary, Commissioner
Lindsay Mollineaux, Commissioner
Published: ________, 2023