Chapter 15.338
AIRPORT RESIDENTIAL OVERLAY (ARO) SUBDISTRICT
Sections:
15.338.020 Notices and restrictions required for development within the ARO subdistrict.
15.338.030 Density transfer allowances within the ARO subdistrict.
15.338.040 Conversion of property to the airport residential district.
15.338.010 Purpose.
The airport residential overlay subdistrict is intended to support the continued operation and vitality of Sportsman Airpark by addressing potential land use conflicts with adjacent residential development. It also addresses how properties in the area could be converted to the airport residential district. [Ord. 2647, 6-5-06. Code 2001 § 151.449.4.]
15.338.020 Notices and restrictions required for development within the ARO subdistrict.
A. Avigation Easement. When a subdivision plan or partition is required for any property within the ARO subdistrict, the property owner shall dedicate an avigation easement to the city over and across that property. The easement shall hold the city, public and airfield harmless from any damages caused by noise, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airfield, not including the physical impact of aircraft or parts of aircraft.
B. Notification of Buyers. No person shall sell, nor offer for sale, any property within the ARO subdistrict unless the prospective buyer has been notified of the fact that the property is within the ARO subdistrict. When property ownership is transferred, the property deed shall be amended to note that the property is within the airport residential overlay subdistrict.
C. Agree to Noise Abatement. No person shall sell, nor offer for sale, any property within the ARO subdistrict unless the prospective buyer agrees to follow Aircraft Owners and Pilots Association (AOPA) standard noise abatement procedures, or the most recent noise abatement procedures established at the airport.
D. CC&Rs. The applicant for a subdivision or design review in the ARO subdistrict shall provide a copy of the CC&Rs in conformance to the requirements listed above. [Ord. 2647, 6-5-06. Code 2001 § 151.449.5.]
15.338.030 Density transfer allowances within the ARO subdistrict.
A. Due to the complexity and intermixing of roads, taxiways, and constructing hangars in an airport residential district, properties within the district may not be able to be developed to the density otherwise allowed. Thus, the applicant for a subdivision or partition within the ARO district may transfer allowed dwelling unit density to other property within the ARO subdistrict and reduce minimum lot sizes such that the overall dwelling density complies with that of a conventionally developed R-2 zoned property.
B. Lot coverage may be calculated using the entire site area of both the donor and recipient area, excluding public and private street and alley areas. The following dimensional requirements shall be applicable in the R-2 district in order to accommodate the density transfer provision of this section:
1. Front yard setback, 10 feet.
2. Garage front yard setback, 18 feet.
3. Interior yard setback, three feet.
4. Non-alley rear yard setback, five feet.
5. Alley rear yard setback, three feet.
6. Maximum lot depth to lot width ratio is 3:1.
7. The minimum lot width shall be 28 feet. [Ord. 2647, 6-5-06. Code 2001 § 151.449.6.]
15.338.040 Conversion of property to the airport residential district.
Property within the airport residential overlay subdistrict may be converted to the airport residential district at the request of the applicant concurrent with and through the approval of a subdivision with the ARO subdistrict. Property may also be converted to the airport residential district through the zone change process (NMC 15.302.030). [Ord. 2647, 6-5-06. Code 2001 § 151.449.7.]