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III-276ARTICLE III: LAND USE DISTRICTS

388 – Public Use Airport Safety Overlay District

runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, the Review Authority may authorize structures up to thirty-five (35) feet in height.

C.Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA.  Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA.

388-6Procedures

An applicant seeking a Type II or a Type III approval in an area within this Overlay District shall provide the following information in addition to any other information required in the permit application:

A.A map or drawing showing the location of the property in relation to the airport imaginary surfaces.  The Land Development Services Division shall provide the applicant with appropriate base maps upon which to locate the property;

B.Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level; and

C.If a height variance is requested, letters of “support” or “no impact” from the airport sponsor, the Department of Aviation, and the FAA are required.

388-7Land Use Compatibility Requirements

Applications for land use or building permits for properties within the boundaries of this Overlay District shall comply with the requirements of this chapter as provided herein.

A.Noise

Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5.  A declaration of anticipated noise levels shall be attached to any subdivision or partition approval or other land use approval or building permit affecting land within identified airport noise impact boundaries.  In areas where the noise level is anticipated to be at or above 55 LDN, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 LDN.

B.Outdoor lighting

Any new or expanded industrial, commercial or recreational use shall submit an outdoor lighting plan to determine that the new use will not project lighting directly

Date printed 11/27/09

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