(A) General. Subject at all times to the height restrictions set forth in § 151.16 of this chapter, no use shall be made of any land in any of the safety zones defined in § 151.30 of this chapter, which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between airport and aircraft, makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport or otherwise endangers the landing, taking off or maneuvering of aircraft.
(B) Zone A.
(1) Subject at all times to the height restrictions set forth in § 151.16 of this chapter, and to the general restrictions contained in division (A) above, areas designated as zone A shall contain no buildings, temporary structures, exposed transmission lines or other similar above-ground land use structural hazards, and shall be restricted to those uses which will not create, attract or bring together an assembly of persons thereon.
(2) Permitted uses may include, but are not limited to, such uses as agricultural (seasonal crops), horticulture, animal husbandry, raising of livestock, wildlife habitat, light outdoor recreation (non-spectator), cemeteries and auto parking.
(C) Zone B. Subject at all times to the height restrictions set forth in § 151.16 of this chapter, and to the general restrictions contained in division (A) above, areas designated as zone B shall be restricted in use as follows.
(1) Each use shall be on a site whose area shall not be less than three acres.
(2) Each use shall not create, attract or bring together a site population that would exceed 15 times that of the site acreage.
(3) Each site shall have no more than one building plot upon which any number of structures may be erected.
(4) A building plot shall be a single, uniform and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area:
Site Area | Ratio of Site Area to Building Plot Area | Building Plot Area (Square Feet) | Maximum Site Population (15 Persons per Acre) | |
At Least (Acres) | But Less Than (Acres)
| |||
3 | 4 | 12:1 | 10,900 | 45 |
4 | 6 | 10:1 | 17,400 | 60 |
6 | 10 | 8:1 | 32,600 | 90 |
10 | 20 | 6:1 | 72,500 | 150 |
20 | And up | 4:1 | 218,000 | 300 |
(5) The following uses are specifically prohibited in zone B: churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, campgrounds and other places of frequent public or semi-public assembly.
(D) Zone C. Zone C is subject only to height restrictions set forth in § 151.16 of this chapter, and to the general restrictions contained in division (A) above.
(E) Exemptions—Existing land use.
(1) Land uses which existed as of January 1, 1978, in the Existing Land Use set for in § 151.31(D) above, and as shown on the zoning map, are subject to the height restrictions of § 151.15 and the general restrictions of § 151.31(A). Land uses which come into existence after January 1, 1978, are treated as though they were not in a designated Existing Land Use and are subject to the zone A and zone B restrictions as the case may be.
(2) Land uses in the Existing Land Use which violate any of the following restrictions are prohibited as safety hazards and must be acquired, altered or removed at public expense. These conditions are as follows:
(a) The following land uses if they exist in Safety Zones A or B and in an Existing Land Use in a Built Up Urban Area are considered by the Commissioner to constitute airport safety hazards so severe, either to persons on the ground or to the air-traveling public, or both, that they must be prohibited under local airport zoning ordinances:
1. Any structure which a person or persons customarily use as a principal residence and which is located entirely inside safety zone A within 1,000 feet of the end of the primary zone;
2. Any structure which a person or persons customarily use as a principal residence and which is located entirely within safety zone A or B and which penetrates an imaginary approach surface as defined by § 151.15(B)(4);
3. Any land use in Safety Zone A or B which violates any of the following standards:
A. The land use must not create or cause interference with the operation of radio or electronic facilities on the airport or with radio or electronic communication between the airport and aircraft;
B. The land use must not make it difficult for pilots to distinguish between airport lights and other lights;
C. The land use must not result in glare in the eyes of pilots using the airport or impair visibility in the vicinity of the airport.
4. Any isolated residential building lot zoned for single-family or two-family residences on which any structure, if built, would be prohibited by division (E)(2)(a)1., (E)(2)(a)2. or (E)(2)(a)3. above. An ISOLATED RESIDENTIAL BUILDING LOT is one located in an area in which the predominant land use is single-family or two-family residential structures; and
5. Any other land use which presents, in the opinion of the Commissioner, a material danger to the landing, taking off, or maneuvering of aircraft or to the safety of persons on the ground. In making such a determination, the Commissioner shall consider the following factors:
A. Possibility that the land use may contribute to or cause a collision of two or more aircraft or an aircraft and some other object;
B. Possibility that the land use may, in case of an aircraft accident, cause an explosion, fire, or the release of harmful or noxious fumes, gases, or substances;
C. Tendency of the land use to increase the number of persons that would be injured in case of an aircraft accident;
D. Effect of the land use on availability of clear areas for emergency landings;
E. Flight patterns around the airport, the extent of use of the runway in question, the type of aircraft using the airport, whether the runways are lighted, whether the airport is controlled, and other similar factors.
(2004 Code, § 151.31) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)