§ 153.21.2 AIRPORT PROTECTION OVERLAY DISTRICT (APO).
   The Airport Protection Overlay District (APO) shall include all zones as identified on the Imaginary Surfaces and Vicinity Map included as part of the Connersville Municipal Airport, Airport Layout Plan, Noise Sensitive Area Zone and Wildlife Attractant Zones.
   (A)   Purpose and intent. It is hereby found that hazards to airport and flight operations (airport hazard) as a potential public nuisance have the potential to endanger the lives and property of users of Connersville Municipal Airport, the property and the occupants of land in its vicinity. An airport hazard may affect existing and future instrument approach minimums of the Municipal Airport; may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Municipal Airport and the public investment therein. Accordingly, it is declared:
      (1)   That it is necessary to avoid the creation or establishment of an airport hazard that has the potential of being a public nuisance and may injure the region served by the Municipal Airport.
      (2)   That it is necessary to protect past, present and future investments made by the Connersville Airport Board.
      (3)   That it is necessary in the interests of the public health safety and general welfare that the creation of airport hazards be prevented.
      (4)   That the prevention of the creation of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
      (5)   That these purposes may be achieved by:
         (a)   Minimizing land uses located in close proximity to the airport that may negatively affect airport operations;
         (b)   Discouraging land uses located in close proximity to the airport that may be negatively affected by airport operations;
         (c)   Minimizing wildlife incursions on airport property or airspace, particularly migratory birds;
         (d)   Disallowing tall structures that impede aircraft operations;
         (e)   Disallowing lighting and other development that may disrupt aircraft operations;
         (f)   Encouraging land uses that add value to and complement the airport;
         (g)   Reduce the risk to life and property;
         (h)   Ensuring that all developments at and around the airport are compatible with airport operations;
         (i)   Maximizing federal and state funding and Federal Aviation Administration support for airport expansion, acquisition and improvements; and
         (j)   Minimizing complaints and remonstration against airport expansion and increases in operation activities.
      All airports that receive federal grants are obligated by contract to follow FAA advisory circulars. Failure to follow FAA advisory circulars may result in forfeiture of current funding and the loss of standing to apply for future funding.
   (B)   Definitions.
      (1)   AC 150/5200-33. Federal Aviation Administration Advisory Circular Hazardous Wildlife Attractants on or Near Airports.
      (2)   AC 150/5300-4. Federal Aviation Administration Advisory Circular Utility Airports.
      (3)   ACT. The Indiana Tall Structure Act, IC 8-21-10 and as hereafter amended.
      (4)   AIRCRAFT. Any contrivance now known or later invented, used or designed for navigation of or flight in the air or space regardless of the form of propulsion which powers the aircraft in flight.
      (5)   AIRPORT. The Connersville Municipal Airport, together with all of its structures, services, improvements and land associated with its airport operations area.
      (6)   AIRPORT BOARD. The Connersville Board of Aviation Commissioners.
      (7)   AIRPORT BOUNDARY. The property line existing in fee simple and depicted on the Airport Layout Plan, as amended.
      (8)   AIRPORT ELEVATION. The highest point of the airport’s useable landing area measured in feet above mean sea level and established to be 867 feet above mean sea level.
      (9)   AIRPORT HAZARD. Any structure or object of natural growth located on or in the vicinity of the Municipal Airport, or any use of land near the airport that obstructs the airspace required for the ascent, descent or glide path of aircraft in landing or
takeoff at the airport or is otherwise hazardous to such landing or takeoff of aircraft.
      (10)   AIRPORT OPERATIONS AREA (AOA). Includes all airport property included within the airport boundary as depicted on the Airport Plan.
      (11)   AIRPORT PROTECTION AREA (APA). Consists of the imaginary conical, horizontal, transitional and approach surfaces as delineated and/or described on the Connersville Municipal Airport Imaginary Surfaces and Vicinity Map, as amended.
      (12)   AIRPORT PLAN. Connersville Municipal Airport, Airport Layout Plan, as amended.
      (13)   AIRPORT ZONING MAP/ AIRPORT PROTECTION OVERLAY DISTRICT (APO). The zoning map(s) depicting the zones and imaginary surfaces associated with the Airport Protection Area, Noise Sensitive Zones, and Wildlife Attractant Zones.
      (14)   APO NONCONFORMING USE. Any lawful structure, vegetative growth, or use of land in existence at the time of the adoption of the APO that is inconsistent with the provisions of the APO.
      (15)   APPROACH, HORIZONTAL, CONICAL AND TRANSITION ZONES. These zones as set forth in division (C) of these Airport Protection Overlay District regulations.
      (16)   FAA-FAR PART 77 SURFACES.
         (a)   PRECISION INSTRUMENT APPROACH SURFACE. The land area located at each end of each instrument runway to be equipped for precision landings, its surface area having a width of 1,000 feet at a horizontal distance of 200 feet beyond each end of the runway and widening thereafter uniformly to a width of 16,000 feet at a horizontal distance of 50,200 feet beyond each end of the runway, its centerline being the continuation of the runway centerline.
         (b)   NONPRECISION INSTRUMENT OR VISUAL APPROACH SURFACE. See definition (16)(b). The land area located at each end of each nonprecision instrument or visual runway for non-instrument landings and take-offs, its surface area having an inner width identical to the width of the primary surface. The approach zone extends outward uniformly to a width of 3,500 feet at a horizontal distance of 5,000 feet from the primary surface its centerline being the continuation of the runway centerline.
         (c)   TRANSITIONAL SURFACE. Height limits shall be one foot in height for each seven feet in horizontal distance beginning at the sides of and at the same elevation as the primary surface and the approach surfaces and extending upward to a height of 350 feet above the established elevation which is 867 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet of horizontal distance beginning at the sides of and the same elevation as the approach surface extending to their intersection with the conical surface and, beyond said points of intersection, beginning at the outer lines of all instrument approach surface areas and extending a horizontal distance to 5,000 feet therefrom, measured at right angles to the continuation of the runway centerline, one foot vertical height for each seven feet of horizontal distance.
         (d)   HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation of 867 feet, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet for visual runways and 10,000 feet for all other runways.
         (e)   CONICAL SURFACE. Slopes upward and outward one foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone beginning at a height of 150 feet above the airport elevation of 867 feet and
extending to a height of 350 feet above the airport elevation and extending outwardly for a horizontal distance of 4,000 feet.
      (17)   GEOGRAPHICAL REFERENCE POINT/ AIRPORT REFERENCE POINT (ARP). As defined in AC 150/5300-4, the latitude and longitude of a point established as the official ARP in the future Airport Layout Plan.
      (18)   HEIGHT. For the purpose of determining the height of structures, objects, ground, property, and airspace and shown on the Airport Protection Overlay District map, the datum shall be mean sea level elevation unless otherwise specified.
      (19)   HELIPORT. Any airport designed and designated for the exclusive use of rotary wing and vertical landing (VTOL) aircraft.
      (20)   LANDING AREA. The area of the airport used for landing, taking off or taxiing of aircraft.
      (21)   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.
      (22)   NOISE SENSITIVE ZONE. The Act at IC 8-21-10-3 defines a noise sensitive area as an area lying 1,500 feet on either side of the extended centerline of a runway for a distance of one nautical mile from the boundary of a public use airport.
      (23)   NOISE SENSITIVE USE. The use of any building or structure as a residence, school, church, child care facility, medical facility, retirement home, other public health facilities or nursing home as per IC 8-21-10 and/or as recognized by the Federal Aviation Administration. Uses considered as having intermediate levels of noise sensitivity include offices, shopping centers, recreation areas and overnight lodging.
      (24)   NONPRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or a type of navigation equipment for which a straight-in nonprecision instrument approach procedure has been approved or planned, and which for no precision approach facilities are planned or indicated on an FAA planning document.
      (25)   PERSON. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, includes any trustee, receiver, assignee, administrator, executor, guardian or a similar representative of any of these.
      (26)   PRECISION INSTRUMENT RUNWAY. An existing or planned runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach using the global positioning system (GPS) wide area augmentation system (WAAS) with localizer like with precision vertical guidance (LPV) included in an FAA approved airport layout plan or planning document.
      (27)   PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway, but when the runway has no specially prepared hard surface, the primary hard surface ends at the end of that runway. The elevation of the nearest point on the primary surface is the same as the elevation of the nearest point of the runway centerline. The width of the primary surface is as identified on the Imaginary Surfaces and Vicinity Map of the Connersville Municipal Airport, Airport Layout Plan.
      (28)   RUNWAY. The surface of an airport used for the landing and taking off of aircraft.
      (29)   RUNWAY CLEAR ZONE. The land area underlying a precision instrument approach surface, and/or a nonprecision instrument approach surface as defined in this chapter extending for the first 5,200 feet of the respective approach surface measured horizontally from the runway end along the centerline of such runway.
      (30)   STRUCTURE (this definition limited to APO). Objects including mobile objects constructed or installed by humans, including but without limitation, buildings, towers, aerials, cranes, smokestacks, earth formations and overhead transmission lines.
      (31)   TALL STRUCTURES ACT. The Indiana Tall Structures Act, Indiana Code 8-21-10.
      (32)   TERMINAL NAVIGATION AIDS (NAVAIDS). Those facilities and equipment installed on or near the airport for the purpose of providing pilots with electronic guidance or visual reference to use in executing an approach to land at the airport.
      (33)   TREE. Any object of natural growth.
      (34)   UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight.
      (35)   VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation.
      (36)   WILDLIFE ATTRACTANT HAZARD USE. These wildlife attractant areas include, but are not limited to, the construction of solid waste landfills, trash transfer stations that are not fully enclosed, underwater waste discharges, construction and demolition debris facilities co-located with another waste disposal operations, fly ash disposal from general incinerators, wastewater treatment facilities, artificial marshes and wetlands, artificial ponds that retain water longer than 48 hours, dredge spoil containment areas, livestock production involving the open storage of animal waste in a lagoon, aquaculture facilities raising product in outdoor ponds, and golf courses.
   (C)   Airport overlay FAA-FAR 77 Part 77 surfaces.
      (1)   Precision instrument approach surface. See definition (B)(16)(a).
      (2)   Nonprecision instrument or visual approach surface. See definition (B)(16)(b).
      (3)   Transitional surface. See definition (B)(16)(c).
      (4)   Horizontal surface. See definition (B)(16)(d).
      (5)   Conical surface. See definition (B)(16)(e).
   (D)   Noise Sensitive Zone. (See definition (B)(22)). A person may not erect a building used for a noise sensitive purpose within the Noise Sensitive. Uses identified as a noise sensitive use (see definition 23) of this section shall not be permitted as a new use within the Noise Sensitive Zone with the exception of single family dwellings located on already platted residential lots and subdivisions.
   (E)   Wildlife attractant zones. The following standards apply to Wildlife Attractant Zones.
      (1)   Wildlife Attractant Zone A. No use may be made of land or water within any zone established by this section in a manner to as to create a wildlife attractant hazard use (see definition (B)(36)) within a distance of 10,000 feet from the airport operations area (AOA).
      (2)   Wildlife Attractant Zone B. The use of a proposed wildlife attractant hazard use (see definition (B)(36)) that is located between 10,000 feet and within five statute miles from the farthest edge of the AOA may be restricted if the wildlife attractant could cause hazardous movement into or across the approach or departure surface from the airport.
   (F)   Runway Clear Zone; prohibited uses within the runway clear zone. New uses or expansion of the following uses shall be prohibited within the Runway Clear Zone: residential (other than a single family dwelling in an existing platted subdivision lot); school; church; child care facility; medical facility, retirement home, other public health facilities, nursing homes, offices, shopping centers, recreation areas, and overnight lodging.
   (G)   Relation to underlying zoning. The Airport Overlay District (APO) is created as a special overlay district superimposed on underlying primary zoning districts. Development standards provided herein are intended to supplement those of the underlying zoning district and may be more restrictive than those of the underlying zoning district. In the event of conflict between the APO district and an underlying zoning district the more restrictive standard shall apply.
      (1)   Except as identified in division (F) all uses which are permitted by right or by special exception in the underlying zoning district are permitted by right or by special exception, as applicable, in the APO.
      (2)   Uses which are prohibited in the underlying zoning district are prohibited in the APO.
   (H)   Miscellaneous provisions.
      (1)   Notwithstanding other provisions of this section, no use may be made of land or water within the APO 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, 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 create a hazard, endanger or interfere with landing, takeoff or maneuvering of aircraft intending to use the airport.
      (2)   Nonconforming uses. The regulations established by the APO shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of the adoption of the APO district, or otherwise interfere with the continuance of any nonconforming use.
      (3)   Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction, or that would result in a nonconforming use or structure becoming a greater hazard to air navigation than it was on the effective date of the adoption of the APO district, or any future to the APO district rules.
      (4)   The owner of any nonconforming structure or tree is hereby required to permit the installation of, operation and maintenance thereon of markers and lights as shall be deemed necessary by the Airport Board to indicate to the operators of aircraft in the vicinity of the airport, the presence of airport hazards. The lights and markers shall be installed, operated and maintained at the expense of the Airport Board and shall be in accordance with FAA standards.
   (I)   Administration and enforcement. It shall be the duty of the Fayette County Area Plan Commission office to administer and enforce provisions of the APO district. No material change shall be made in the use of the land, no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit shall have been applied for and granted by the County Area Plan Commission office. When required under the provisions of this section prior to the issuance of a permit the applicant shall submit a copy of the site and construction plans to the Airport Board to ensure the project described within the plans shall not create a hazard to air traffic and the use of the Municipal Airport. Upon a finding of “no hazard to airport operations” by the Airport Board the County Area Plan Commission office shall issue all required permits as per the procedures and requirements of the Fayette County Area Zoning.
      (1)   Submission and review process. For any project on a property entirely or partially located within any zone associated with the Airport Overlay Protection District the proposed project shall be reviewed to determine whether or not the project presents a potential hazard to airport or flight operations. The application package shall include a completed application along with construction plans, and site development plans which must include the maximum height of all structures included in the plan. Plans must demonstrate that the proposed project meets the conditions of division (K), development standards, of this section and presents no hazard to airport or flight operations.
      (2)   The applicant for any use that is regulated through this overlay district shall submit two sets of plans and the application to Area Plan Commission office. Area Plan Commission staff shall review the plans for compliance with the following provisions and in accordance with FAA-FAR Part 77.
         (a)   Within the horizontal surface, conical surface, approach surface, and transitional surface the project proponent shall submit a full set of site development plans to the Airport Board when required to submit to the FAA at the time of filing with the FAA.
         (b)   Within the FAA-FAR Part 77 construction projects shall be reviewed to ensure that the maximum height of the proposed structure will not pose a threat to airport and flight operations using the Federal Aviation Administration Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) web page.
            1.   Projects that do not infringe on the protected airspace shall be permitted provided that they meet all overlay district requirements and all other local, state and federal codes and regulations.
            2.   Projects that infringe on the protected airspace shall file forms 7460-1 and 7460-2 to the Federal Aviation Administration. The APC office shall not issue permits for projects required to submit forms 7460-1 and 7460-2 until the FAA finds no threat to aviation traffic.
      (3)   [Reserved for future use.]
      (4)   Projects located within the Noise Sensitive Zone shall be reviewed by Area Plan Commission staff for compatibility with the noise sensitive restrictions in this overlay district.
         (a)   Permits for prohibited noise sensitive uses as listed in definition (B)(23) shall be denied.
         (b)   The expansion of any legal nonconforming noise sensitive use located within the Noise Sensitive Zone shall not be permitted unless a variance by the FAA is granted.
         (c)   New dwelling units or room additions to existing single family dwellings that are located on a previously platted residential lot within the Noise Sensitive Zone shall record a notice of airport activities with the Fayette County Recorder’s office for the subject property prior to the issuance of any required permits by the Fayette County Area Plan Commission office. A copy of recorded acknowledgment must be provided with the application.
      (5)   The APC office shall not approve any proposed projects within the Runway Protection Zone for uses prohibited within these zones as defined by the FAA circular.
      (6)   The APC office shall not approve permits for any wildlife attractant hazard use (see definition (B)(37)) prohibited within Wildlife Attractant Zone A.
         (a)   Construction projects within Wildlife Attractant Zone A requiring the use of surface water retention areas shall submit a copy drainage plans to the Airport Board for review by certified mail. The Area Plan Commission office may not approve project plans and issue permits without a written finding of no significant negative impact provided by the Airport Board. The Airport Board must make findings of significant negative impact or findings of no negative impact within 60 days of the receipt of the certified mailing. Failure by the Airport Board to make findings within 60 days will be construed as a finding of no negative impact.
         (b)   The petitioner of any potential wildlife attractant use in Zone A requiring a special exception that is not prohibited within Zone A shall provide notice to the Airport Board and shall submit a full set of the special exception application package to the Airport Board by certified mail or other form of certified delivery the same date as when applications must be submitted to the Area Plan Commission office. The Fayette County Board of Zoning Appeals shall only approve the special exception if written findings of no significant negative impact provided by the Airport Board. At the request of the Airport Board or petitioner the Area Plan Commission and Board of Zoning Appeals may table the petition once for a one- month period of time to allow sufficient time for the Airport Board to meet and review the petition.
      (7)   (a)   Any special exception for a wildlife attractant use within Wildlife Attractant Zone B the petitioner shall submit a full set of the special exception application package to the Airport Board by certified mail or other form of certified delivery the same date as when applications must be submitted to the Area Plan Commission office. The Fayette County Board of Zoning Appeals shall only approve the special exception if written findings of no significant negative impact provided by the Airport Board. At the request of the Airport Board or petitioner the Area Plan Commission and Board of Zoning Appeals may table the petition once for a one-month period of time to allow sufficient time for the Airport Board to meet and review the petition.
         (b)   Copies of the Airport Board’s finding of a hazard to air navigation, or no hazard to air navigation must be submitted to the applicant and the Area Plan Commission office and include necessary mitigation actions. In the event the necessary mitigation actions identified by the Airport Board create an undue financial hardship on the applicant, the applicant may ask for financial assistance for the mitigation through the Airport Board. In the event the Airport Board is unable to grant financial assistance for the mitigation, the requirement may be foregone and a permit granted with no further action required on the part of the applicant.
      (8)   Any special exception for a class of tall structures, or other structures found to pose a potential threat to air navigation due to relative location to the airport or any flight path shall file forms 7460-1 and 7460-2 to the Federal Aviation Administration and a full set of the application to the Airport Board by the same date as when applications must be submitted to the Area Plan Commission.
      (9)   (a)   A notice of airport activities shall be recorded by the property owner with the County Recorder’s office for the subject property as part of the parcel’s permanent property record prior to the issuance of any required permits by the County Area Plan Commission office, a copy of the recorded notice of airport activities must be provided with the permit application.
         (b)   The notice of airport activities shall include the following information which shall be included on a form provided by the Area Plan Commission office as part of the application package.
            “The owners of subject property shall be aware that they are in the vicinity of the Connersville Municipal Airport. They are hereby made aware of these activities by the Notice of Airport Activities which produce noise, vibration, light, glare and odor at all hours of the day and night which are used or intended to be used for the taking-off and landing of aircraft and any accessory use areas that support airport related activities, or intended to be used for airport buildings or facilities, including runways, taxiways, hangars, fueling areas, maintenance areas and tie-down areas that occur during the operation of the airport. Each owner and their heir’s assigns, and successors in interest shall not initiate or support any action in any court, or before any governmental agency and are precluded from protest, objection, interference with, restriction of or reduction of the operation of the airport, complaining, seeking damages and/or attempting to enjoin the use of the property (land) from such purpose. This condition and agreement shall also run with the land and is irrevocable.”
   (J)   Variances.
      (1)   The Fayette County Area Board of Zoning Appeals shall consider a variance request from any standards of the APO district. Prior to the County Area Plan Commission office scheduling a public hearing for a variance from the development standards of the APO district the petitioner must submit and submit an appeal to the FAA and receive a release from FAA-FAR Part 77. The County Area Board of Zoning Appeals shall approve a variance upon findings of no hazard to air navigation. For any variance from the APO development standards the petitioner shall submit a full set of the variance application package to the Airport Board by certified mail or other form of certified delivery the same date as when applications must be submitted to the Area Plan Commission office.
      (2)   The variance application shall be accompanied by a written determination by the FAA as to the effect of the proposal on the operation of airport navigation facilities and the safe, efficient use of navigable airspace.
   (K)   Development standards. The following development standards are limited in their effect to properties lying wholly or partially within the APO District.
      (1)   Lot and yard requirements (setbacks): As per the underlying zoning district with the exception that all structures, other than airport structures, shall be setback at least 100 feet from airport property and 500 feet from the centerline of each exiting and proposed runway, and from an imaginary line extending the centerline of the existing and proposed runways by 1,500 feet.
      (2)   Maximum building height: As per the underlying zoning district.
      (3)   Lighting standards: Lighting plan must be approved by the Airport Board to ensure that proposed lighting will not negatively affect airport night time operations.
         (a)   No parking lot lighting, street lighting, exterior building lighting, or landscape lighting shall be allowed to project upward or horizontally. All lighting mounted on a pole, structure or building shall be a full cutoff fixture.
         (b)   No lighting shall spin, oscillate, or blink within the APO District, except the airport’s fixtures and equipment installed on or off the airport.
      (4)   Communication towers, aerials or other accessory structures greater than the height of the primary use structure must be approved by the Airport Board.
      (5)   Storm water detention basins must be approved by the Airport Board and be designed to fully drain within 48 hours of a storm event.
      (6)   Site design: The design of any property or design of any structure shall not resemble an airport, taxiway, or runway.
      (7)   Condition of a variance or approval: As a condition of approval the Airport Board, Area Plan Commission, or Board of Zoning Appeals may require a wildlife mitigation plan be prepared and submitted and require legally binding assurances that any current or future wildlife hazards are addressed immediately.
      (8)   Airport noise: Noise restrictions identified in other sections of the Area Zoning Code shall not apply to the airport, airport facilities, or aviation operations.
(Ord. 6236, passed 1-20-15)