18.15.140 Airport overlay designation (AO).
This overlay designation is depicted on the Airport Approach and Clear Zone Map prepared by Tenneson Engineering Corporation and dated July, 1986.
(1) Purpose. This overlay designation is intended to prevent the establishment of air space obstructions in airport approaches and surrounding areas through height restrictions and other land use controls as deemed essential to protect the health, safety, and welfare of the people of the City of Madras and Jefferson County.
(2) Compliance. In addition to complying with the provisions of the primary zoning district, uses and activities must comply with the provisions of this overlay designation. In the event of any conflict between any provisions of this overlay designation and the primary zoning district, the more restrictive provisions shall apply.
(3) Permitted Uses Within the Airport Approach Safety Zone.
(a) Landscape nursery, cemetery, or recreation areas which do not include buildings or structures.
(b) Roadways, 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 areas by a minimum of 15 feet.
(c) Pipeline.
(d) Underground utility wire.
(4) Conditional Uses within the Airport Approach Safety Zone.
(a) Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
(i) Creating electrical interference with navigational signals or radio communication between the airport and aircraft.
(ii) Making it difficult for pilots to distinguish between airport lights or others.
(iii) Impairing visibility.
(iv) Creating bird strike hazards.
(v) Endangering or interfering with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(vi) Attracting large numbers of people.
(b) Public service or utility facilities requiring no structures.
(5) Procedures. An applicant seeking a conditional use under subsection (4) of this section must provide the following findings in addition to the conditional use criteria:
(a) Property boundary lines as they relate to the airport imaginary surfaces.
(b) Location and height of all existing and proposed buildings, structures, utility lines, and roads.
(c) A statement from the Oregon Department of Aviation indicating that the proposal will not interfere with operation of the landing facility.
(6) Limitations – Construction or Alteration Requiring Notice.
(a) Each airport sponsor who proposes any of the following construction or alterations must notify the City Administrator.
(i) Any construction or alteration of more than 200 feet in height above ground level at its site.
(ii) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes:
(A) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in subsection (6)(a)(v) of this subsection, with at least one runway more than 3,200 feet in actual length, excluding heliports.
(B) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport specified in subsection (6)(a)(v) of this subsection, with its longest runway no more than 3,200 feet in actual length, excluding heliports.
(C) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport specified in subsection (6)(a)(v) of this subsection.
(iii) Any highway, railroad, or other traverse way for mobile objects of a height, which if adjusted upward 17 feet for an interstate highway that is part of the National System of Military and Interstate Highways, where overcrossings are designed for a minimum of: (1) 17 feet vertical distance, 15 feet for any other public roadway, 10 feet, or the height of the highest mobile object that would normally traverse the road, whichever is greater; (2) a private road, 23 feet for a railroad; and (3) a waterway or any other traverse way, not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of subsection (6)(a) or (6)(b) of this section.
(iv) When requested by the FAA, any construction alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of subsection (6)(a)(iii) of this section.
(v) Any construction or alteration on any of the following airports (including heliports):
(A) An airport that is available for public use and is listed in the Airport Directory of the current Airman’s Information Manual or in either the Alaska or Pacific Airman’s Guide and Chart Supplement.
(B) An airport under construction that is the subject of a notice or proposal on file with the Federal Aviation Administration and, except for military airports, it is clearly indicated that the airport will be available for public use.
(C) An airport that is operated by a branch of the armed forces of the United States.
(b) Each airport sponsor who proposes construction or alteration that is the subject of a notice under subsection (6)(a)(i) of this section and is advised by an FAA regional office that a supplemental notice is required must submit that notice on a prescribed form to be received by the FAA regional office at least 48 hours before the start of the construction or alteration.
(c) Each airport sponsor who undertakes construction or alteration that is the subject of a notice under subsection (6)(a)(i) of this section must, within five days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the FAA regional office having jurisdiction over the area involved, if:
(i) The construction or alteration is more than 200 feet above the surface level of its site; or
(ii) An FAA regional office advises that submission of the form is required.
(7) Construction or Alteration Not Requiring Notice.
(a) No person is required to notify the City Administrator for any of the following construction or alteration:
(i) 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 would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(ii) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.
(iii) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device of a type approved by the City Administrator, or an appropriate military service on military airports, the location and height of which is fixed by its functional purpose.
(iv) Any construction or alteration for which notice is required by any other FAA regulation.
(8) Form and Time of Notice.
(a) Each person who is required to notify the City Administrator must send one executed set of FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation Administration and the regional offices.
(b) The notice must be submitted at least thirty (30) days before the earlier of the following dates:
(i) The date the proposed construction or alteration is to begin.
(ii) The date an application for a construction permit is to be filed; however, a notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to the FAA at the same time the application for construction is filed with the Federal Communications Commission, or at any time before that filing.
(c) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption.
Each notice submitted under the pertinent provisions of Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing directed to meeting this burden.
Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued.
(d) In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30-day requirement in subsection (8)(b) of this section does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-1 submitted within five days thereafter. Outside normal business hours, emergency notice by telephone or telegraph may be submitted to the nearest FAA flight service station.
(e) Each person who is required to notify the City Administrator must send an executed copy of FAA Form 7460-2, Notice of Actual Construction or Alteration, to the Manager Air Traffic Division, FAA Regional Office having jurisdiction over the area involved. [Ord. 933 § 3.13, 2019. Formerly 18.15.130.]