§ 160.418  AIRPORT INFLUENCE OVERLAY DISTRICT.
   (a)   Boundaries.
      (1)   The airport influence overlay district is composed of lands located within an area affected by noise or safety hazards associated with aircraft operations at the Sioux Falls Regional Airport. The land use compatibility evaluation of the 2007 airport master plan was completed to determine the highest risks to properties and protect the community. The airport influence overlay district includes all or portions of the approach zone, transition zone, conical zone and airport noise exposure zone. The airport influence overlay district is identified as an overlay district.
      (2)   See map on file with the city zoning office.
   (b)   Intent. In order to secure safety, to promote health and general welfare of our community, and to avoid undue concentration of land where there are environmental constraints, an airport influence overlay district has been placed to address notification aspects of land use encroachment upon an operating airport. This shall ensure that the Sioux Falls Regional Airport is an integral part of the local economy and the national aviation system through the proactive enforcement of the surrounding land uses.
   (c)   Standards. Any zoning district change or zoning permit which lies within the airport influence overlay district shall conform to the following regulations and procedures:
      (1)   Zoning permits shall be consistent with the growth management plan and the zoning ordinances.
      (2)   Residentially platted lots as of June 28, 2007 (date of adoption of the airport ordinance) are allowed to apply for zoning permits to residential classification.
      (3)   With zoning permit for any school, hospital, or places of worship, property owners shall provide Noise Level Reduction (NLR) of at least ten dbl over standard construction practices (reducing to 55 dbl to 45 dbl).
      (4)   Zoning regulations.
 
Change of Zone
Regulations for Approval
Ag, REC, CN
A mitigation plan approved by the Sioux Falls Regional Airport Authority which addresses wildlife attractant(s) [Advisory Circular 150/5200-33B, Hazardous Wildlife Attractant, provides specific guidance].
C-1, C-2, C-3, C-4, I-1, I-2
Written documentation from the Sioux Falls Regional Airport Authority that occupancy standards meet FAA regulations. Local jurisdictions cannot waive federal regulations.
O, S-1, S-2, LW
With three conditions:
   (1)   The parcel contains three acres of land or less;
   (2)   The building contains 50,000 square feet of area or less; and
   (3)   Signed acknowledgment of the airport influence overlay district.
RS, RD-1, RD-2, RA-1, RA-2, RA-3
An avigation easement for noise and vibrations will be required; NLR* are recommended for future residents.
*   NLR-Noise Level Reduction-Outdoor to indoor reduction to be achieved through incorporation of noise attenuation into the design and construction of the structure(s).
 
   (d)   Plan review.
      (1)   Submittal. Items within division (c)(4) above must be submitted with the application for a zoning district change or zoning permit; they must be completed and filed by the effective date of the zoning district change or zoning permit. If regulations are not met by effective date, the zoning regulations will become a condition of plat approval.
      (2)   Approval of plans. Zoning district change or zoning permit of any property within the airport influence overlay district shall undergo a review by the planning commission if the regulations listed in division (c)(4) above are not in compliance.
(1992 Code, App. B, § 15.43.100)  (Ord. 42-83, passed 6-27-1983; Ord. 76-07, passed 6-4-2007; Ord. 71-09, passed 8-3-2009; Ord. 9-13, passed 3-19-2013)