Chapter 17.49
AIRPORT PROTECTION OVERLAY DISTRICT

Sections:

17.49.010    Purpose and Intent

17.49.020    Definitions

17.49.030    Unique Operational Features and Hazards

17.49.040    Applicability

17.49.050    Establishment of Overlay Districts and Boundaries

17.49.060    Permitted Uses

17.49.070    Applicability of Building and Related Codes

17.49.080    Certification of Noise Attenuation

17.49.090    Avigational Easement and Release

17.49.100    Avigational Disclosure and Release

17.49.110    Additional Height and Safety Regulations

17.49.120    Variances–Findings Required

17.49.130    Amendments–Findings Required

17.49.140    Administration and Enforcement

17.49.150    Penalties

17.49.160    Conflicting Regulations

17.49.170    Severability

17.49.010 Purpose and Intent

The purpose of the Airport Protection overlay district is to promote and protect the public health, safety and general welfare in the vicinity of the Winslow-Lindbergh Regional Airport and to protect the long-term viability of Winslow-Lindbergh Regional Airport as a general aviation facility, by:

A.    Minimizing public exposure to high noise levels and accident hazards generated by airport operations,

B.    Requiring future development to be compatible with the continued operation and planned future expansion of the airport,

C.    Minimizing future conflicts between land uses and excessive noise generated by aircraft, and

D.    Requiring permanent notice of flight operations to property owners within the Airport Protection overlay district.

The intent of the Airport Protection overlay district is to regulate land uses within designated existing or projected airport noise impact areas by:

A.    Specifying acoustical performance standards and limiting development in noise impact areas, and

B.    Prohibiting uses in the landing approach areas (clear zones) and uses penetrating Federal Aviation Administration-designated control surfaces that, if otherwise permitted, would endanger lives, invite destruction of property, or pose a threat to the continuing operation of the airport. (Ord. 1014 (part), 2007)

17.49.020 Definitions

"Airport layout plan (ALP)" means a scaled drawing of existing and proposed land and facilities necessary for the operation and development of the Winslow-Lindbergh Regional Airport.

"Avigational disclosure" means recordation against the title to real property of notice of potential imposition upon such real property of excessive noise, vibration, emissions, discomfort, inconvenience, interference with use and enjoyment, and/or any other adverse impact, due to the operation of aircraft to and from the Winslow-Lindbergh Regional Airport.

"Avigational easement" means an easement in airspace above the surface of real property where necessary to permit imposition upon such real property of excessive noise, vibration, emissions, discomfort, inconvenience, interference with use and enjoyment, and/or any other adverse impact, due to the operation of aircraft to and from the Winslow-Lindbergh Regional Airport.

"Day-night average noise level (DNL)" means the time-weighted day/night average of a noise level for a twenty-four (24) hour time period, in decibels, for the period from midnight to midnight, obtained after the addition of a ten (10) decibel penalty to sound levels for the periods between midnight and seven a.m. (7:00 a.m.), and between ten p.m. (10:00 p.m.) and midnight, local time. The day-night average noise level has as its base the A-weighted sound level which is designed to approximate the response of the human ear to sound.

"Decibel (dB)" means the physical unit commonly used to describe noise levels.

"Noise level reduction (NLR)" means the amount of noise level reduction in decibels between outdoor and indoor levels achieved through incorporation of noise attenuation in the design and construction of a structure.

"Runway protection zone (RPZ)" means the trapezoidal area off the end of the runway that serves to enhance the protection of people and property on the ground in the event an aircraft lands or crashes beyond the runway end. Runway protection zones underlie a portion of the approach closest to the airport. The primary purpose of the RPZ is the protection of people and property on the ground from both obstructions and incompatible land uses. (Ord. 1014 (part), 2007)

17.49.030 Unique Operational Features and Hazards

Winslow-Lindbergh Regional Airport contains a United States Forest Service Air Tanker Base that serves as the primary staging area for fixed-wing air tankers serving all of north central and northeastern Arizona. The base supports a variety of air tankers, including the four-engine Lockheed P2-V Neptune and P-3 Orion. Hazards associated with air tanker operations include noise from required high throttle settings for takeoff, the lack of required minimum climb rate and sustained minimum altitude, and the option to discharge an entire load of fire retardant at any point during take-off and departure if an emergency is declared and/or the pilot perceives that the aircraft is in danger.

Winslow-Lindbergh Regional Airport also contains a twenty-four (24) hour medical evacuation operation serving all of northeastern Arizona, which utilizes turbine-powered fixed-wing aircraft, including the Beech/Raytheon King Air, and turbine-powered helicopters, including the Bell Jet Ranger. (Ord. 1014 (part), 2007)

17.49.040 Applicability

A.    Within the City of Winslow. The Airport Protection overlay district shall apply in addition to, and shall overlay, all other zoning districts where it is applied, so that any parcel of land lying in the Airport Protection overlay district shall also lie in one (1) or more of the other zoning districts provided for by Title 17 of this Code. The effect is to create a new district which has the characteristics and limitations of the overlying district. In any situation where a conflict arises, the more strict regulation(s) shall apply.

B.    Annexation Areas. The Airport Protection overlay district shall apply in addition to, and shall overlay, all other zoning districts where it is applied, on annexed property located within the boundaries described below, and on annexed property located within Section 34 of Township 19 North, Range 15 East, and Sections 17 and 31 of Township 19 North, Range 16 East of the Gila and Salt River Meridian. (Ord. 1014 (part), 2007)

17.49.050 Establishment of Overlay Districts and Boundaries

A.    Airport Protection Overlay District Boundaries. The Airport Protection overlay district boundaries shall be, for the Winslow-Lindbergh Regional Airport, those areas within the city limits of Winslow, described as follows:

Sections 1 and 2 of Township 18 North, Range 15 East, Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 35 and 36 of Township 19 North, Range 15 East, and Sections 18, 19, 29, 30, 32 and 33 of Township 19 North, Range 16 East of the Gila and Salt River Meridian.

B.    Airport Noise Overlays and Clear Zones. For purposes of administering these regulations, there shall be three (3) airport noise overlay areas, and one (1) clear zone overlay area as identified below, within the Airport Protection overlay district for the Winslow-Lindbergh Regional Airport. Noise contours delineated in the official zoning maps shall be derived from High-Range General Aviation and U. S. Forest Service flight operations forecasts described in the Winslow-Lindbergh Regional Airport Comprehensive Master Plan 1998, as amended. The boundaries for airport noise overlays and clear zone overlays shall be as defined in the official zoning maps:

1.    Airport Noise Overlay-One (ANO-1): The area between the year 2017/2018 fifty-five (55) DNL and sixty-five (65) DNL noise contour lines developed by the application of the day-night average noise level methodology of noise measurement (DNL).

2.    Airport Noise Overlay-Two (ANO-2): The area between the year 2017/2018 sixty-five (65) DNL and seventy-five (75) DNL noise contour lines developed by the application of the day-night average noise level methodology of noise measurement (DNL).

3.    Airport Noise Overlay-Three (ANO-3): The area within the year 2017/2018 seventy-five (75) DNL and greater noise contour lines developed by the application of the day-night average noise level methodology of noise measurement (DNL).

4.    Clear Zone Overlay (CZO): The clear zone overlay shall be the same as the clear zones for each runway as defined in the Winslow-Lindbergh Regional Airport Comprehensive Master Plan 1998, as amended.

C.    Purpose of Airport Overlay Areas. The purpose of the establishment of the above-described four (4) airport overlay areas is to distinguish between the severity of the levels of noise impact and accident potential so that appropriate uses and acoustical performance standards can be established to mitigate the adverse impacts of aircraft noise and hazards to protect the public health, safety and welfare.

D.    Lots Divided by Airport Protection Overlay Area Boundaries.

1.    Development on a lot of record of less than two (2) acres in area that is divided by an Airport Protection overlay district boundary shall conform to the land use and design criteria of the more restrictive district in accordance with all city codes and regulations, and shall be in compliance with all Federal Aviation Administration requirements.

2.    Development on a lot of record of two (2) acres or more in size that is divided by an Airport Protection overlay district boundary shall conform to the land use and design criteria of the district in which fifty (50) percent or more of the lot is located, as described in the official zoning map of the city. Development shall be in accordance with all city codes and regulations and shall be in compliance with all Federal Aviation Administration requirements. (Ord. 1014 (part), 2007)

17.49.060 Permitted Uses

A.    Noise Attenuation Matrix. Within the Airport Protection overlay district, there shall be four (4) overlay areas, as described above: ANO-1, ANO-2, ANO-3 and CZO. The uses permitted in the overlay areas shall be those uses permitted in the underlying zoning district, and shall be subject to all conditions and procedures of the underlying district. Such uses shall also comply with restrictions of the following noise attenuation matrix, unless a land use category is specifically not permitted in the matrix, in which case such uses classified in the designated land use category shall not be permitted.

NR

No restrictions

X

Uses within this category are not permitted.

1

The land use or activity is permitted; however, the level of noise within the principally permitted structures must be reduced by the developer of this land use activity in accordance with chapter 35, "Sound Transmission Control," 1979 edition.

2

The land use or activity is permitted; however, a noise level reduction (NLR) of twenty (20) decibels must be incorporated into the design and construction of those buildings where people live, work, or are otherwise received, in order to achieve a maximum interior noise level of forty-five (45) decibels.

3

The land use or activity is permitted; however, a noise level reduction (NLR) of thirty (30) decibels must be incorporated into the design and construction of those buildings where people live, work, or are otherwise received, in order to achieve a maximum interior noise level of forty-five (45) decibels.

4

The land use or activity is permitted when the level of noise does not exceed forty-five (45) decibels within the principally permitted structure unless forty-five (45) decibels is exceeded by self-generated noise.

5

Uses which produce air pollutants that may obscure vision in any way, or which pose a potential explosive hazard, are not permitted.

6

Structures are not permitted in the clear zone.

7

Aboveground transmission lines are not permitted.

8

In order to minimize public exposure to accident hazard and crash potential as generated by aircraft operations, no building shall be located within any portion of a clear zone as defined and designated by this code. However, such on-site improvements as vehicle parking, storm water retention, landscaping, and yard setbacks, as otherwise required by this code or other city regulation, may be permitted within the designated clear zones. No element of any landscaping shall be allowed to penetrate any clear zone slope or other approach surface.

ANO-1

ANO-2

ANO-3

CZO

RESIDENTIAL

Single-family, duplex, multifamily, manufactured housing*

1, 2*

X

X

X

Recreational vehicle parks

1, 2

X

X

X

Other residential

1, 2

X

X

X

PUBLIC FACILITIES

X

X

X

Educational facilities

1, 2

X

X

X

Religious facilities, libraries, museums, galleries, clubs and lodges

1, 2

1, 3

X

X

Outdoor sport events, entertainment and public assembly, amphitheaters

NR

X

X

X

Indoor recreation, amusements, athletic clubs, gyms and spectator events

NR

1, 3

X

X

Neighborhood parks

NR

NR

X

X

Community and regional parks

NR

NR

NR

X

Outdoor recreation: tennis, golf courses, riding trails, etc.

NR

NR

NR

X

Cemeteries

NR

NR

NR

X

COMMERCIAL

Hotels/motels

1, 2

X

X

X

Hospitals and other health care services

1, 2

X

X

X

Services: finance, real estate, insurance, professional and government offices

1, 2

1, 3

1, 4

X

Retail sales of: building materials, farm equipment, automotive, marine, manufactured housing, recreational vehicles and accessories/parts

NR

1, 3

1, 4

X

Restaurants, eating and drinking establishments

NR

X

X

X

Retail sales of: general merchandise, food, drugs, apparel, etc.

NR

1, 3

1, 4

X

Personal services: barber and beauty shops, laundry and dry cleaning, etc.

NR

1, 3

1, 4

X

Automobile service stations

NR

X

X

X

Repair services

NR

NR

1, 4

X

INDUSTRIAL

Processing of food, wood and paper products; printing and publishing, warehouses, wholesale and storage activities

NR

NR

4

X

Refining, manufacturing and storage of chemicals, petroleum and related products, manufacturing and assembly of electronic components, etc.

NR

NR

4

X

Manufacturing of stone, clay, glass, leather, gravel and metal products; construction and salvage yards; natural resource extraction and processing, agricultural, mills and gins

NR

5

5

X

AGRICULTURE

Animal husbandry; livestock farming, breeding and feeding; plant nurseries (excluding retail sales)

NR

NR

NR

X

Farming (except livestock)

NR

NR

NR

6

MISCELLANEOUS

Transportation terminals, roads, railroad main lines and spurs, utility and communication facilities

NR

NR

7

X

Vehicle parking

NR

NR

NR

X

Signs

NR

NR

NR

X

* Manufactured housing shall be prohibited in ANO-1 unless certification from the manufacturer is provided in accordance with Section 17.49.080(A).

B.    Nonconforming Uses. Nothing herein shall require any change or alteration in a lawfully constructed or established building, structure, or use in existence at the time of the adoption or amendment of the Airport Protection overlay district, as established in Chapter 17.88, Nonconforming Buildings, Structures, Uses and Lots, of this code. All existing structures on and/or improvements to properties proposed for annexation into the city shall be made to conform with all existing height requirements listed in this title prior to annexation into the city. (Ord. 1014 (part), 2007)

17.49.070 Applicability of Building and Related Codes

Nothing herein shall be construed as altering building materials or construction methods from those which are specified in the International Building Code and related codes regulating building in the city, except as required for compliance with requirements listed in this title. (Ord. 1014 (part), 2007)

17.49.080 Certification of Noise Attenuation

A.    Certification. Prior to issuance of a building permit in any airport noise overlay (ANO) area, a certification by a registered acoustical engineer or registered architect shall be required specifying that the construction practices and/or materials of the structure will achieve the interior noise level required in the noise attenuation matrix. The engineer or architect shall submit relevant information to permit the city inspector to verify that the proposed measures will achieve the interior noise level standard.

B.    Inaccurate Data. False or inaccurate data shall be cause for rendering null and void any building permit and may result in nonissuance of an occupancy permit. (Ord. 1014 (part), 2007)

17.49.090 Avigational Easement and Release

Prior to issuance of any building or development permit for property within the Airport Protection overlay district, the owner of said property shall provide the city of Winslow with an avigational easement over the subject property and release the city of Winslow from all liability for any and all claims for damages originating from dust, noise, vibration, fumes, fuel and lubricant particles, emergency discharge of fire retardant and related chemicals, or from any other damage arising from or related to aircraft operations. The avigational easement and release form shall be available from the city of Winslow. Said form shall be recorded by the property owner with Navajo County upon completion. The property owner shall provide the city with a copy of the recorded avigational easement and release bearing the seal of the Navajo County recorder. (Ord. 1014 (part), 2007)

17.49.100 Avigational Disclosure and Release

Prior to sale or transfer of title of any real property within the Airport Protection overlay district, the owner of said property shall provide the prospective purchaser or recipient of such real property with an avigational disclosure and release for the subject property, which the prospective purchaser or recipient shall sign and file with the city, releasing the city of Winslow from all liability for any and all claims for damages originating from dust, noise, vibration, fumes, fuel and lubricant particles, emergency discharge of fire retardant and related chemicals, or from any other damage arising from or related to aircraft operations. The avigational disclosure and release form shall be available from the city of Winslow. Said form shall be filed with the city clerk upon completion and said document shall also be recorded with Navajo County by the seller. (Ord. 1014 (part), 2007)

17.49.110 Additional Height and Safety Regulations

A.    Height Regulations. The construction or establishment of any building, structure or use and/or any tree shall comply with the height limits as determined by the zoning district identified by the official zoning map of the city of Winslow, or with the height limits and control surfaces specified by the Airport Layout Plan, as referenced in the Winslow-Lindbergh Regional Airport Comprehensive Master Plan 1998, as amended, whichever places the greater restriction. Any proposed development or construction of buildings or structures shall require the submission of Federal Aviation Administration Form 7460-1 to the local Federal Aviation Administration office for review. A positive recommendation from the Federal Aviation Administration stating that the development will have no negative effect on the airport or navigational airspace must be received and reviewed by the city prior to initiation of construction.

B.    Exceptions to Federal Aviation Administration Notification Requirement. No person is required to notify the Federal Aviation Administration for any of the following construction or alterations:

1.    Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and that would be located in the developed area of the city where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety of air navigation.

2.    Any antenna structure of twenty (20) feet or less in height above ground level.

3.    Any air navigation facility, airport visual approach or landing aid, aircraft arresting device or meteorological device of a type approved by the Federal Aviation Administration. (Ord. 1014 (part), 2007)

17.49.120 Variances–Findings Required

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment for a variance from such regulations in accordance with Chapter 17.100 of this title. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship; and where relief granted will not be contrary to the public health, safety, and welfare, and will not create a hazard to air navigation as determined by the Federal Aviation Administration. (Ord. 1014 (part), 2007)

17.49.130 Amendments–Findings Required

The boundaries of an Airport Protection overlay district shall be amended in accordance with Chapter 17.108 of this title, and as necessary to ensure that the application of these regulations remains in conformance with the purpose of this title. All amendments to the Airport Protection overlay district boundaries shall be shown on the official zoning map of the city. Amendments may be approved whenever one (1) or more of the following findings are made:

A.    That the operation of the airport has or will change substantially and that such operational changes will most likely be permanent in nature;

B.    Additional information concerning the health effects of high noise levels and/or the accident hazards associated with aircraft operations becomes available;

C.    New evidence is provided which indicates that modification to the Airport Protection overlay district is otherwise required. (Ord. 1014 (part), 2007)

17.49.140 Administration and Enforcement

A.    Zoning Administrator. The zoning administrator shall review all requests for building and development within the Airport Protection overlay district for compliance with this title prior to issuance of any permit.

B.    Airport Manager. The airport manager shall be informed of all requests for development within the Airport Protection overlay district. The zoning administrator shall forward a copy of all applications, with attendant information, to the airport manager prior to issuance of any permits. The airport manager shall verify receipt of such information and, within a reasonable time, forward any comments concerning the request to the zoning administrator. (Ord. 1014 (part), 2007)

17.49.150 Penalties

Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a Class 1 misdemeanor. Each day a violation continues to exist shall constitute a separate offense. (Ord. 1014 (part), 2007)

17.49.160 Conflicting Regulations

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 1014 (part), 2007)

17.49.170 Severability

If any of the provisions of this chapter or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. (Ord. 1014 (part), 2007)