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Division 4: General Provisions
Notwithstanding any other provisions of the Development Code, no use whether permitted in the underlying zoning district, or by planned use, special use permit, or otherwise, may be made of land or water within the Airport Overlay (AO) District so as to:
(A) Create electrical interference with navigational signals, radar, or radio communications between Scott Air Force Base and MidAmerica St. Louis Airport and the aircraft;
(B) Cause confusion or otherwise make it difficult for pilots to distinguish between airport lights and other lights;
(C) Result in glare in the eyes of the pilots using the airport;
(D) Impair visibility of the airport;
(E) Emit or discharge smoke (e.g., exhaust from a smoke stack), that interferes with the health and safety of pilots and the public in the use of the airport, or that is otherwise detrimental or injurious to the health, safety and general welfare of the public in the use of the airport;
(F) Emit thermal discharge (e.g., steam from a power plant), that interferes with the pilot’s vision in the use of the airport;
(G) Cause significant air turbulence (e.g., exhaust from a peaker plant) where aircraft limit loads may be exceeded;
(H) Cause any other kind of emission that may cause a safety of flight issue;
(I) Create a bird or wildlife strike hazard that in any way endangers or interferes with the landing, takeoff, or maneuvering of aircraft using or intending to use the airport;
(J) Create a vertical obstruction that physically intrudes on protected airspaces around the airport; or
(K) Concentrate people within zones to unduly expose them to noise or aircraft accident risk.
(A) The Director is hereby granted the authority to issue clarification and interpretation of these airport overlay regulations and the items and uses set forth in the attached land use compatibility tables consistent with the intent and language of these airport overlay regulations.
(B) Notification. The Director shall make reasonable efforts to provide notice to all persons filing a development application in the AO District that the respective property is located either partially or wholly within the AO District, and may be subject to aircraft over-flight and the standards and requirements of these airport overlay regulations.
(C) Field testing. When field inspection indicates that the construction is not in accordance with the approved plans, the Director may order such corrective action as may be necessary to meet the height and noise attenuation requirements, including but not limited to stop work orders until such corrections are made.
(D) Inspections of height and of noise attenuation work shall be performed during the required building construction inspection process.
(E) Any person who violates this act or any orders, regulations, or rulings promulgated or made pursuant to these airport overlay regulations shall be subject to the penalties and enforcement procedures established in the Development Code.
In the event of conflict between any airport hazard zoning regulations promulgated by IDOT Division of Aeronautics pursuant to ILCS Ch. 620, Act 25, § 17 and contained at Title 92, Part 16 of the Illinois Administrative Code and any airport zoning regulation set forth in these airport overlay regulations or any other applicable regulations provided in the Development Code, pursuant to ILCS Ch. 620, Act 25, § 18, the more stringent limitation or requirement shall govern and prevail.
(A) The Director shall submit to the Air Force a copy of development applications for properties within the AO District as graphically shown on Appendix G (“Process Chart”) and implemented as follows.
(1) AO-2 District. If the application or impact is on property within the AO-2 District, all development applications relating thereto, shall be sent to Scott AFB for review.
(2) AO-1, AO-3, and AO-4 Districts. If the application or impact is in an AO District subarea other than the AO-2 District, development applications that meet one of the following criteria shall be sent to Scott AFB for review:
(a) Increase of an existing structure or construction of a new structure whose height is 100 feet or higher above the ground level of the runway. Towers, antennae, lighting, silos, or any similar structures that are 100 feet above the ground level of the runway or higher shall be subject to review;
(b) Request for any outdoor lighting applications, temporary lighting, obstruction marking or lighting, and illuminated signs that do not meet the lighting standards established within the AO-1 District Lighting, § 151.087;
(c) Application for a human-made use that could attract high levels of birds or wildlife, such as retention ponds, roosting habitats on buildings, landscaping, putrescible-waste disposal operations, wastewater treatment plants, and surface mining;
(d) Application for a use or permit that could create electrical interference with navigational signals or radio communications between Scott AFB and MidAmerica St. Louis Airport and aircraft, including emergency and public safety communications systems, power lines, transformers, television broadcast and radio transmitters, and telecommunication towers; and/or
(e) Applications for a use or permit that could create air-borne emissions or materials limiting visibility such as smoke, steam, dust, gases or projectiles of any type.
(B) The Director shall send all appropriate development applications, as determined in the above section, to the Air Force for review. Applications can be mailed to:
Base Community Planner
375 CES/CEAO
702 Hangar Road, Bldg. 56
Scott AFB IL 62225-5035
618-256-4270
(C) Optional consultation with MidAmerica St. Louis Airport. For any development application within the Height Restriction Zone, Airport Overlay (AO-3) District or the Noise Zones, Airport Overlay (AO-4) District, the Director may choose to mail and/or email notice to the MidAmerica St. Louis Airport at:
Director, Engineering & Planning
MidAmerica St. Louis Airport
9768 Airport Boulevard, Box 3
Mascoutah, IL 62258
618-566-5325
tom.goode@flymidamerica.com
The State of Illinois allows for the use of eminent domain authority to resolve incompatible land uses in the environs of Scott Air Force Base and MidAmerica St. Louis Airport pursuant to ILCS Ch. 620, Act 25, § 33. To reduce the need for the use of eminent domain and to better coordinate airport zoning and planning, a Regional Advisory Board (RAB) is established. The purpose of the RAB is to review potentially incompatible development applications within a specific geography around Scott AFB and MidAmerica St. Louis Airport and provide comment to the applicable local government receiving the application.
(A) Established. The Regional Advisory Board (RAB) is hereby authorized and established as an advisory intergovernmental body to coordinate and review land use decisions in the AO-2 District. The RAB shall be deemed to exist immediately and shall include all qualified members similarly authorizing such establishment.
(B) Membership.
(1) The RAB shall consist of one representative from each of the following five entities, appointed by local governing authorities (“participating local governments”).
(a) St. Clair County.
(b) The City of Lebanon.
(c) The City of Mascoutah.
(d) The City of O’Fallon.
(e) The Village of Shiloh.
(2) In addition, one Air Force representative and one representative of MidAmerica St. Louis Airport shall serve on the RAB as non-voting, ex-officio members.
(3) The RAB shall designate a chairperson among the five participating local government representatives to conduct meetings and coordinate with the Air Force on administrative support and the distribution of background materials. The RAB Chair shall rotate among the participating local government representatives every two years. In the event that any member fails to adopt authority for the RAB or subsequently withdraws from participation, the membership shall continue with the remaining authorized members.
(C) Meetings.
(1) The RAB shall meet if the Air Force renders an opinion that a development application subject to review under § 151.082 is incompatible.
(2) The RAB may also establish and publish a regular meeting schedule. Meetings shall be public. Special meetings may be called by the Chairperson.
(D) Rules.
(1) The RAB shall adopt operating procedures for the conduct of meetings and business of the RAB.
(2) The RAB shall adhere to the provisions of these airport overlay regulations with regard to the review and approval of site development plans.
(3) The RAB shall keep a record of its transactions, findings, and determinations, which record shall be a public record.
(E) Duties.
(1) The RAB shall review development applications and present an advisory finding to the local jurisdiction responsible for approval of applications in the geographic areas designated as AO-2 District.
(2) Any time the FAA, DoD, or IDOT Division of Aeronautics, amends, deletes, or creates regulations affecting the standards set forth in these airport overlay regulations, the RAB shall review such amended, deleted, or new regulations and advise the participating local governments as to necessary or appropriate changes to these airport overlay regulations.
(3) The RAB shall act only as an advisory body.
(F) Procedures and responsibilities.
(1) Within the Airport Overlay (AO) District, the members shall consult with the Air Force on those development applications that have potential impacts on Scott AFB based on criteria established in § 151.082.
(2) The Air Force shall review these actions within a 30 calendar day period and render an advisory opinion of compatible/incompatible for those actions inside the AO-2 District. The Air Force may recommend conditions of approval to mitigate any negative impacts of those actions within the AO-1 District.
(3) The Air Force shall evaluate the compatibility of the development application based on consistency with land use guidance established in the Joint Land Use Study and Air Installation Compatible Use Zone program.
(4) If no response is rendered from the Air Force within 30 days, the local government may consider the Air Force recommendation as being compatible.
(5) If the Air Force finds an application within the AO-2 District to be incompatible, the RAB shall meet within a 30 calendar day period following an incompatible finding. The Air Force shall provide administrative support for the scheduling of the RAB meeting and the distribution of necessary background materials.
(6) The RAB shall render a recommendation, which the village shall consider.
(7) The village shall not make a final decision without a recommendation from the RAB; provided that if the RAB does not provide its recommendation within 30 days of receipt of the application, a final decision may proceed without such recommendation.
Division 5: AO-1: Primary Planning Influence Area
(A) The purpose of this subchapter is to require that new or redeveloped facilities within the Primary Planning Influence Area, Airport Overlay (AO-1) District, be constructed in such a manner to mitigate impacts on aircraft operators and therefore protect the health, safety and general welfare of the residents.
(B) The AO-1 District designates the area that primarily includes standards for consultation with the Air Force, avigation easements, and lighting.
(C) Establishment of Primary Planning Influence Area. Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district or districts in which they are located. The boundaries of the AO-1 District are shown on the map in § 151.078.
Development applications on properties within the AO-1 District shall require consultation with the Air Force to the extent required per § 151.082.
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