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ARTICLE III: LAND USE DISTRICTSIII-275

388 – Public Use Airport Safety Overlay District

388PUBLIC USE AIRPORT SAFETY AND COMPATIBILITY OVERLAY DISTRICT

388-1Intent and Purpose

The purpose of the Public Use Airport Safety and Compatibility Overlay District is to encourage and support the continued operation and vitality of public use airports with visual only approaches by establishing compatibility and safety standards to promote air navigational safety at such public use airports and to reduce potential safety hazards for persons living, working or recreating near such public use airports.

388-2Applicability

The Public Use Airport Safety and Compatibility Overlay District shall be applied to the area surrounding Stark’s Twin Oaks Airpark.  In the future, this overlay district may apply to new or existing public use airports with visual approaches that have been identified by the Oregon Department of Aviation as requiring this level of protection, pursuant to ORS 836.600; ORS 836.619; OAR 660-013-0070; OAR 660-013-0080.

388-3Imaginary Surface and Noise Impact Boundary Delineation

The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface, transitional surface and direct impact boundary shall be delineated for each airport subject to this overlay district and shall be made part of the Airport Land Use and Safety Overlay District Element of the Rural/Natural Resource Plan Map.  All lands, waters and airspace, or portions thereof, that are located within these boundaries or surfaces shall be subject to the requirements of this overlay district.

388-4Notice of Land Use and Permit Applications within Overlay District Area

Except as otherwise provided herein, written notice of applications for land use decisions, including comprehensive plan amendments, in an area within this overlay district, shall be provided to the airport sponsor and the Department of Aviation as provided pursuant to Section 204.

388-5Height Limitations on Allowed Uses in Underlying Districts

All uses permitted by the underlying district shall comply with the height limitations in this Section.  When height limitations of the underlying district are more restrictive than those of this overlay district, the underlying district height limitations shall control.

A.Except as provided in subsections B. and C. of this Section, no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface.

B.For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport

Date printed 11/27/09

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