A. Purpose. The Airport Environs (-AE) overlay zone regulates land uses in the vicinity of the Chico Municipal Airport and Ranchero Airport and below areas where aircraft perform approach and departure maneuvers, recognizing that certain development and land use characteristics may conflict with the safe and efficient operation of the airport and aircraft. The intent of the -AE overlay zone is to protect people and property, both in the air and on the ground, by regulating structures that may affect navigable airspace, consistent with Federal regulations, and to minimize noise and other conflicts between airport operations and surrounding land uses.
B. Applicability. The -AE overlay zone is applied to:
1. Areas within the -AO (Aircraft Operations) overlay zones established by Section 19.52.030 following, above and around the airport; and
2. Areas subject to high noise levels from aircraft operations.
C. Allowed Land Uses. Any land use normally allowed in the primary zoning district by this division may be allowed within the -AE overlay zone, provided that the land use is also in compliance with any applicable -AO (Aircraft Operations) zoning standards, except for those uses listed as prohibited in certain -AO overlay zoning districts as set forth in Table 4-14.
D. Permit Requirements. Development and new land uses within the -AE overlay zone shall obtain the land use entitlements as required by this division in the primary zoning district.
E. Development Standards. Development and new land uses within the -AE overlay zone shall comply with all applicable requirements of the primary zoning district and the following requirements:
1. Height Limits. The height limits of any applicable -AO overlay zone (Section 19.52.030) apply if they are more restrictive than otherwise required by this division for the primary zoning district, or by Division V (Site Planning and General Development Standards).
2. Noise Mitigation. Proposed structures shall be designed and constructed to provide noise insulation to reduce interior noise levels to the community noise equivalent level (CNEL) recommended by the Noise Element of the General Plan.
3. Avigation Easements, Noise Agreements. Prior to the issuance of any building permit in compliance with Title 16 (Buildings and Construction) of the Municipal Code, approval of a tentative map in compliance with Title 18 (Subdivisions) of the Municipal Code, or a land use entitlement in compliance with Division II (Administration of Land Use and Development Regulations) of these Regulations, the property owner shall enter into an agreement with the City granting any necessary avigation easements for aircraft overflight and/or acknowledging and permitting the ongoing exposure of the site to aircraft noise. The City shall record the easements/agreements with the Butte County Recorder.
4. Notice of Aircraft Overflight. Land use entitlements for properties within the -AE overlay zone shall require the recordation of a Notice of Aircraft Overflight against the property with the Butte County Recorder. The notice shall advise future property owners of the Butte County Airport Land Use Compatibility Plan (ALUCP), City of Chico Airport Environs Plan, current and anticipated aircraft flight paths, the likely ongoing exposure of the site to aircraft noise, and possible restrictions that may result from actions of the Butte County Airport Land Use Commission or City.
(Ord. 2185, Ord. 2427 §37)