(A) Purpose. In order to carry out the provisions of this overlay zone, there is hereby created and established an Airport Approach Overlay District which includes all of the land lying beneath the airport imaginary surfaces, as they apply to the Tillamook County Airport in the county at the Port of Tillamook Bay. The Airport Approach Overlay District (AAO District) is shown on the current airspace and approach zones plan maps, adopted by the Port of Tillamook Bay and the city.
(B) Scope. To prevent the establishment of air space obstructions in airport approaches and surrounding areas including the horizontal surface and conical surface, through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of the people of the city.
(C) Authorization. In addition to complying with the provisions of the underlying zoning district, uses and activities shall comply with the provisions of this overlay zone, as required by the city, the Port of Tillamook Bay and the FAA. In the event of any conflict between any provisions of this overlay zone and the underlying zoning districts, the more restrictive provision shall apply.
(D) Permitted uses within the airport approach safety zone. This area extends for a horizontal distance for 5,000 feet at a slope of 20 feet outward for each foot upward (20:1) for all utility and visual runways.
(1) Farm use, excluding the raising and feeding of animals which would be adversely affected by aircraft passing overhead;
(2) Landscape nursery, cemetery or recreation areas which do not include buildings or structures;
(3) Roadway, parking areas and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the landing approach. Approach surfaces must clear these by a minimum of 15 feet;
(4) Pipeline;
(5) Underground utility wire;
(6) Single-family dwellings, mobile homes, duplexes and multi-family dwellings, and structures accessory to a permitted use when authorized in the underlying zoning district;
(7) Structures that meet the height restrictions listed in § 152.016; and
(8) Transportation facilities and improvements:
(a) Normal operation and maintenance;
(b) Installation of improvements within the existing right-of-way;
(c) Projects identified in the adopted Transportation System Plan not requiring future land use review and approval;
(d) Landscaping as part of a transportation facility;
(e) Emergency measures; and
(f) Street or road construction as part of an approved subdivision or partition;
(E) Conditional uses.
(1) Commercial and industrial uses, and buildings and uses of a public works, public service or public utility nature when authorized in the underlying zoning district, provided the use does not result in the following:
(a) Creating electrical interference with navigational signals or radio communication between the airport and aircraft;
(b) Making it difficult for pilots to distinguish between airport lights or others;
(c) Impairing visibility;
(d) Creating bird strike hazards;
(e) Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport; and
(f) Attracting large numbers of people.
(2) Places of public assembly.
(F) Procedures for a conditional use permit. An applicant seeking a conditional use shall follow procedures set forth in § 152.071 and shall also include the following information accompanying the application:
(1) Property boundary lines as they relate to the airport imaginary surfaces;
(2) Location and height of all existing and proposed buildings, structures, utility lines and roads; and
(3) A statement from the State Aeronautics Division indicating that the proposed use will not interfere with operation of the landing facility.
(G) Restrictions for development in the AAO District.
(1) To meet the standards and reporting requirements established in FAA Regulations, Part 77, being 14 C.F.R. part 77, no structure shall penetrate into the airport imaginary surfaces as defined above.
(a) No structure in the horizontal surface shall extend a height greater than 150 feet.
(b) No structure in the conical surface shall extend a height greater than 200 feet.
(2) No structure or building shall be allowed within the clear zone.
(3) Whenever there is a conflict in height limitations prescribed by this overlay district and the underlying zoning district, the lowest height limitation fixed shall govern; provided, however, that the height limitations here imposed shall not apply to such structures customarily employed for aeronautical purposes.
(4) No glare producing materials shall be used on the exterior of any structure located within the airport approach safety zone.
(Ord. 1285, passed 3-3-2014) Penalty, see § 152.999