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1996-05175-Ordinance No. 94-019 Recorded 5/12/199496-05175 REVIEWED 94-22183 LEGAL COUNSEL BEFORE TILE BOARD OF COUNTY COMMISSIONERS OF DFSCIIU , ORE An Ordinance Establishing 94 HAY 12 PH 1: 07 Zoning Regulations for the Area Encompassed by the * MARY SUI: a=--N110LI-0W Sisters Urban Growth Boundary * COU111 Y CI: ER1( and Declaring an Emergency * 013 P_ ►y 1.0 ORDINANCE NO. 94-019 0139 WHEREAS, the Deschutes County Planning Commission has conducted a public hearing on the proposed amendment and has made a recommendation of approval to the Board of County Commissioners; and WHEREAS, after notice was given and hearing conducted in accordance with applicable law, the Board of County Commissioners have considered the Planning Commission's recommendation; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. PL -17, Sisters Urban Area Zoning Ordinance is hereby amended to include Section 19(A), Airport Overlay Zone - OA, attached hereto as Exhibit "A" and incorporated herein by reference. Section 2. Language to be added is underlined and in bold. Section 3. Severability. The provisions of this ordinance are severable. If any section, sentence, clause, phrase, area, overlay or other separable part of this ordinance or any exhibit thereto is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance or any exhibit thereto. Section 4 This Ordinance being necessary for.the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this !/ day of Mv4 1994 EY -_EC JU1 -'31994 A ES : Recording Secretary I. v., BARRY RE-RECORDED TO ADD EXHIBIT"A". PREVIOUSLY RECORDED MAY 12, 1994 VOL 135 PG 1710 BOARD OF COUNTY COMMISSIONERS OF DE5CHUTES COUNTY, OREGON NANCY ' TO T1 , Chair(J !ODP, C9mmissioner NLAUGHUR. Commissioner i7•;::i OFILME0 1 '•:1 0149 -Ovid County- of Deschutes) I certify that -the been ccmparibd with the original, and tbit it is a correetranscript therefrom, and -91 the whole, of such Original, astha,ss Omeappeersofrecord a the Clerk's in Deschutes -County, O`r ,Gon. EXIiIBIT "A" 0149-(6 Section 19A. AIRPORT OVERLAY ZONE - OA 1. Purpose This overlay zone is intended to prevent the establishment of airspace obstructions within the Sisters Eagle Air Airport approach surfaces that are located within the Urban Area of Sisters The Airport Overlay is composed of the Airport Imaginary Surfaces, as defined herein The protection of the Airport Imaginary Surfaces will be accomplished through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of the people of Sisters. In order to carry out the provisions of this overlay zone there is hereby created an Airport Imaginary Surfaces map that pertains to the Sisters Eagle Air Airport Imaginary Surfaces that are located within the Urban Area of Sisters. The airport overlay zone requirements have been designed to comply with the provisions of the following legislation: Federal Aviation Regulations Part 77 - Objects Affecting Navigable Airspace Oregon Administrative Rules Chapter 738 Division 70, Physical Hazards to Air Navigation Oregon Revised Statutes Section 836.310. Airaorts and Landing Fields The Land Conservation and Development Commission Transportation Planning Rule Goal 12 - Transportation of the Oregon Land Conservation and Development Commission Statewide Planning Goals and Guidelines. Planning Guideline 2 and Implementation Guideline 3 Policy 12 and 13 from the Transportation section of the Sisters Urban Area Comprehensive Plan. 2. Compliance In addition to complying with the provisions of the primary zoning district all uses and activities shall comply with the provisions of this Airport Overlay Zone In the event of conflict between any provisions of this overlay zone and the primary zoning_ district the more restrictive provision shall apply. Ordinance 94-019 - Exhibit "A" 0149-0812 3. Definitions. A. Airport Approach Safety Zone The land that underlies the Approach Surface, excluding the Runway Protection Zone. B. Airport Elevation The runway elevation above mean sea level (MSL): 3,165 feet (MSL) C. Airport Hazard Any structure, tree or use of land which exceeds height limits established by the Airport Imaginary Surfaces. D. Airport Imaginary Surfaces Those imaginary areas in space which are defined by the Approach Surface, Transitional Surface, Horizontal Surface and Conical Surface as defined herein and in which any object extending above these jmaginary surfaces is an obstruction. E. Approach Surface A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the Prhnary Surface The inner edge of the approach surface is the same width as the Primary Surface and extends to a width of 1,250 feet for a utility runway having only visual approaches The Approach Surface extends for a horizontal distance of 5,000 feet at a slope of 20 feet outward for each foot upward (20:1). F. Conical Surface Extends 20 feet outward for each one foot upward (20:1) for 4,000 feet beginning at the edge of the horizontal surface (5,000 feet from the center of each end of the Primary Surface of each visual and utility runway) and upward extending to a height of 350 feet above the airport elevation. G. Horizontal Surface A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet from the center of each end of the Primary Surface and connecting the adjacent arcs by lines tangent to those arcs for a utility runway having only visual approaches. H. Noise Sensitive Areas Within 1,500 feet of an airport or within established noise contour boundaries exceeding 55 Ldn. I. Oregon Aeronautics The Aeronautics Division of the Oregon Department of Transportation. J. Place of Public Assembly. Structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or sjmilar activity. Ordinance 94-019 - Exhibit "A" 0149-08-13 K. Primary Surface A surface longitudinally centered on a runway. The Primary Surface extends 200 feet beyond each end of the runway when the runway has a specially prepared hard surface. The width of the Primary Surface is 250 feet for utility runways having only visual approaches. L. Runway Protection Zone (RPZ) An area off the runway end (formerly the clear zone) used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. It begins 200 feet beyond the end of the areas usable for takeoff or landing, at a width of 250 feet and extends 1,000 feet to a width of 450 feet for utility runways having only visual approaches. M. Structure For the purposes of this section any manmade object, either permanent or temporary, including mobile objects. N. Transitional Surfaces Extends seven feet outward for each one foot upward (7.1) beginning on each side of the Primary Surface which point is the same elevation as the runway surface, and from the sides of the approach surfaces thence extending upward to a height of 150 feet above the airport elevation (Horizontal Surface). O. Tree Any object of natural growth. P. Utility Runway. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less, Runway 02/20 is such a runway. Q Visual Runway. A runway that is intended solely for the operation of aircraft using visual approach procedures with no instrument approach procedures that has been approved, or planned, or indicated on an FAA or state planning document or military service airport planning document. Runway 02/20 is such a runway. 4. Permitted Uses. A. Any uses permitted outright in the underlying zone are allowed except as provided in Section 19A.6 and 19A.7. 5. Conditional Uses. A. Any conditional uses Hsted in the underlying zone that are allowed except as provided in Section 19A.6 and 19A.7. Ordinance 94-019 - Exhibit "A 0149-08,1 6. Prohibited Uses. A. New structures or buildings are not allowed within the Runway Protection zone. B. New places of public assembly designed to accommodate 50 people or more are not allowed on land zoned Urban Area Reserve (UAR-10) within the rust 1,500 feet of the Approach Safety Zone. C. New wetland enhancements including migratory bird refuges, water impoundments, landfills, waste disposal sites, commercial bird farms or similar uses individually exceeding two (2) acres in size that attract and sustains flocks of birds are not allowed on land beneath the Horizontal Surface. D. New uses that interfere with aviation due to height of structures, glare from buildings, smoke, or safety considerations are not allowed. Specific evidence of aviation interference must be demonstrated before a use (not listed above in subsection A through C) is prohibited under this section. The evidence must show that the use will regularly produce an interference listed above, based on its normal operating characteristics. 7. Use and Development Limitations. A. No new structure except one customarily used for aeronautical purposes, shall penetrate into the Airport Imaginary Surfaces as defined in Section 19A.3. B. No glare producing material (unpainted metal, reflective glass, and similar materials, etc) shall be used on the exterior of structures within the Airport Approach Safety Zone. C. In noise sensitive areas (within 1,500 feet of the airport runway) a declaration of anticipated noise from aircraft shall be recorded against the property in the deed records of Deschutes County. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits or rmal plat approval for land divisions. Within the fust 1,500 feet of the Airport Approach Safety Zone, a hold harmless agreement and aviation and hazard easement shall be attached to any building permit for residential or places of public assembly and shall be recorded against the property in the deed records of Deschutes County. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits. Ordinance 94-019 - Exhibit "A" 8. Non -Conforming Uses. A. The regulations for this overlay district shall not be construed to require the removal, lowering, or alteration of any lawfully authorized structure not conforming to such regulations The regulations shall not require any change in the construction, alteration or intended use of any lawfully authorized structure, the construction or alteration of which was begun prior to the effective date of this Airport Overlay Zone so long as necessary prior approvals are not allowed to lapse. B. Notwithstanding Section 19A 8 A, the owner of any existing structure that has an adverse effect on air navigation as determined by Oregon Aeronautics is hereby required to permit the installation, operation, and maintenance of obstruction markers as deemed necessary by Oregon Aeronautics. Certain objects and structures must be marked to make them more visible to pilots. The installation of any such markers will be based on the characteristics of the structure including size or height, shape function and permanence in addition to effects on air navigation. 9. Procedures. A. All applications requiring site plan approval within the Airport Imaginary Surfaces and noise corridors shall be submitted to Oregon Aeronautics for review. Oregon Aeronautics has 10 days from date of receipt of an application to review and return comments to the County Planning Division. 10. Variances. A. Any person desiring to erect or increase the height of any structure, or use not in accordance with provisions prescribed in this Section 19A may apply for a variance as set forth in Section 21, Variances. B. Application for variance must be accompanied by a determination from Oregon Aeronautics and the Federal Aviation Administration as to the effect of the proposal on the safe and efficient use of navigable airspace. C. Any variance granted may be conditioned to require the owner of the structure to install, operate and maintain, at the owner's expense, obstruction markers. Ordinance 94-019 - Exhibit "A"