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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; amd. Ord. 3576, 3-19-2024)
Definitions shall be in accordance with section 10-01-10
of this chapter. (Ord. 2457, 12-20-2004; Ord. 2895, 3-19-2012; Ord. 3410, 12-6-2022; Ord. 3576, 3-19-2024)
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; amd. Ord. 3576, 3-19-2024)
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 (½) 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; amd. Ord. 3576, 3-19-2024)
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 (½) 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.
(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.
(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.
(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; amd. Ord. 2895, 3-19-2012 Ord. 3065, 9-19-2016; Ord. 3576, 3-19-2024)
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; Ord. 3576, 3-19-2024)
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