21-2-7.13: GENERAL PURPOSE:

   A.   The purpose of the Aviation Overlay District is to maintain and enhance the operational capabilities of the Eloy Municipal Airport and to promote a compatible land use pattern within the airport environs. The district shall be in addition to, and shall overlay, all other zoning districts where it is applied. It is the intent of this overlay district to promote the public health and safety in the vicinity of the airport by minimizing the community’s exposure to potential aviation-related crash hazards and high noise levels.

   B.   As such, it regulates land uses, prohibits uses, specifies acoustical performance standards and height limitations, and provides “disclosure notification” of its location within the vicinity of the Eloy Municipal Airport. (Ord. 18-880, 7-23-2018)

21-2-7.14: APPLICABILITY:

   A.   Notwithstanding any other provision of this overlay district, no use may be made of land or water within any zone established by this overlay district in such a manner as to create electrical interference with navigational signals or radio communication between the Eloy Municipal Airport and the aircraft, make it difficult for pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise materially endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. Examples of incompatible development/activities includes, but are not limited to: buildings with reflective glass or any type of reflective/glare producing exterior, high intensity recreation type lights (especially on tall poles), smoke, antennas, landfills/garbage dumps/incinerators, high tension transmission lines, large bodies of standing water, etc.

   B.   The overlay geometry established herein are based on the maps or illustrations in the “Eloy Airport Master Plan”, approved by the Eloy City Council July 25, 2011. Amendments thereto as may from time to time be made, and all notations, references, and other information thereon, shall be and the same are hereby adopted as part of the Aviation Overlay District of this article.

   C.   Building heights within the boundaries of the Aviation Overlay District shall be as set forth in the Federal Aviation Regulations (FAR) Part 77 Airspace Plan per the “Eloy Airport Master Plan” and the underlying zoning district, with no allowances for exceptions to the building height unless a conditional use permit is granted by the City of Eloy.

   D.   Site plan review, as outlined in section 21-6-11 of this chapter, shall be required for all development and construction within the specific boundaries of the Aviation Overlay District. It is recommended that the City’s Municipal Airport Advisory Board review all site plans and conditional use permit requests and advise the City’s Zoning Administrator of any known or potential impacts or conditions that might be caused by the proposed development or the conditional use permit.

   E.   The Aviation Overlay District shall be that area within the traffic pattern airspace (TPA) boundaries as shown on the public airport disclosure map prepared for the Eloy Municipal Airport in accordance with the Arizona Revised Statutes, section 28-8486. The Aviation Overlay District shall also include a nonresidential buffer zone that lies within a three thousand foot (3,000') line extending generally parallel to both sides of the runway, except as amended, in section 12, T7S, R7E of the G&SRB&M, Pinal County, Arizona (see exhibit 3-1 on file in the City). (Ord. 18-880, 7-23-2018)

21-2-7.15: AVIATION OVERLAY SECTORS:

   A.   Within the Aviation Overlay District there shall be four (4) overlay sectors based on the Airport Overlay Zones as shown on exhibit 1H, and the existing and future noise contours as shown in exhibit B2 and the Airport Layout Plan in the 2011 Eloy Airport Master Plan.

      1.   AO-1: The area that is outside of the three thousand foot (3,000') buffer extending parallel to the runway but still considered to be influenced by aircraft operations.

      2.   AO-2: The area between the three thousand foot (3,000') buffer line extending parallel to the runway and the 65 day-night noise level (DNL) contour line which is considered marginally affected by airport noise.

      3.   AO-3: The area at or within the 65 DNL contour line.

      4.   AO-4: The area at both ends of the runway (Runway Protection Zone (RPZ)) in which there is a high potential for accidents. (Ord. 18-880, 7-23-2018)

21-2-7.16: PERMITTED USES:

The land uses permitted within the Aviation Overlay District shall be those uses designated in table 2.7-2 of this section:

   TABLE 2.7-2

   LAND USE OVERLAY SECTORS

Land Use	AO-1	AO-2	AO-3	AO-4
Those uses permitted by right in the Industrial Districts	Yes1	Yes1	Yes1	No
Those uses permitted by right in the OSC Open Space Conservation District	Yes1	Yes1	Yes1	Yes1
Residential development permitted by right in all Residential Zoning Districts	Yes1	No	No	No
Plant nurseries and greenhouses for the propagation, cultivation and distribution of plants produced on the premises	Yes1	Yes1	Yes1	Yes1
Farming activities but not including: dairies; CAFOs; swine, ratites or poultry farms	Yes1	Yes1	Yes1	No
Ranching activities; including commercial ranches	Yes1	Yes1	No	No
Public or private parks without playing field light standards	Yes1	Yes1	No	No
Public and private open space preserves	Yes1	Yes1	Yes1	Yes1
Temporary campgrounds for special events in conjunction with the airport	Yes	Yes	Yes	No

 

Note:

   1.    Requirements of section 21-2-7.16 of this section 21-2-7 shall apply; the specific requirements determined by the Community Development Director.

   A.   The following airport related uses shall also be permitted within the Aviation Overlay District:

      1.   Airport structures and facilities that are necessary for the operation of the Eloy Municipal Airport and for the control of air traffic therefrom.

      2.   Fixed base operators (FBOs).

      3.   Heliports, glider operations, skydiving operations and ground school training. (Ord. 18-880, 7-23-2018)

21-2-7.17: SUPPLEMENTAL DEVELOPMENT PROVISIONS (AO):

   A.   All or some of the following mitigation measures may be required prior to site plan/plat approval or the issuance of a building permit; depending upon the location of the project (within the overlay area) relative to the airport location (see section 21-2-7.15, table 2.7-2 of this section 21-2-7 for requirements):

      1.   Public Disclosure Of Potential Noise Impacts: No person shall sell, nor offer for sale, or rent/lease any property unless the prospective buyer or renter has been notified of the fact that the property is located within the Aviation Overlay and that the property therein is subject to potential noise impacts from the Eloy Municipal Airport.

      2.   Notification Of Plat Or Title: When a subdivision plat or parcel split is required, the following note shall be placed on the plat and/or recorded with the title:

         These properties, due to their proximity to the Eloy municipal airport, are likely to experience aircraft overflights, which could generate noise levels which may be of concern to some individuals.

      3.   Noise Attenuation: The construction, alteration, moving, partial demolition, repair and use of any occupied building or structure within the Aviation Overlay shall comply with the sound attenuation standards in order to achieve an exterior to interior noise level reduction (NLR) of twenty five (25) decibels (dB). Certification of such NLR measures, by an Arizona registered engineer or a registered architect, shall be required to be submitted along with the application for a building permit.

      4.   Avigation Easement: At the time of development or as a building permit is required, the owner of property within the Aviation Overlay shall dedicate an avigation easement to the City of Eloy over and across that property. This easement shall hold the City, public and airport 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 Eloy Municipal Airport, not including the physical impact of aircraft or parts thereof. (Ord. 18-880, 7-23-2018)

21-2-7.18: DOWNTOWN CORE OVERLAY (DCO):