The purpose of the
Airport Overlay District is to regulate and restrict the height of structures,
objects, or natural growth, regulate the locations of noise sensitive uses, and
otherwise regulate the use of property in the vicinity of Frederick Municipal
Airport (FDK) by creating the appropriate zones and establishing the boundaries
thereof; providing for changes in the restrictions and boundaries of such
zones; defining certain terms used herein; providing for enforcement; and
establishing penalties.
The Airport
Impact Overlay District is established as an overlay district. Land
within the Airport Overlay Impact District may be used as
permitted in the underlying district only if and to the extent such use is also
permitted in the overlay district and subject to the additional regulations of
the overlay district regulations.
The regulations of this section shall apply to all areas designated on the Airport Zoning Overlay Map within the City jurisdictional limits.
These
are found in Article 10 of this Code.
(1)
No use shall be made
of any land that will cause any interference with navigational signals at the
airport or with radio or with any aircraft.
(2)
No use, building or
structure shall emit emissions of fly ash, dust, vapor, gases or other forms of
emissions that may conflict with any planned operations of the airport.
(3)
No use shall be
permitted that would attract, foster, or otherwise create an increase in
wildlife hazards.
(4)
No structure, device
or other object shall be placed or erected that makes it difficult for pilots
to distinguish between airport lights and other, results in glare to pilots,
impairs visibility in the vicinity of the airport, or otherwise endangers the
landing, take-off, or maneuvering of aircraft.
(5)
Except as necessary
and incidental to airport operations, no building, structure or object of
natural growth shall be constructed, altered, maintained, or allowed to grow so
as to project or otherwise penetrate the airspace surfaces.
(6)
The public assembly
of people and other uses or activities that allows concentration of people such
as multi-family, hospitals, schools, churches, etc. shall be prohibited within
the Runway Protection Zone 1, Runway Protection Zone 2, and Runway Protection
Zone 3 at Frederick Airport.
(7)
No use, building, or
structure shall be permitted or constructed within the Runway Protection Zone
1, Runway Protection Zone 2, and Runway Protection Zone 3, except accessory
activities as provided by a “Modification to Standards” from the Federal
Aviation Administration.
(8)
Agricultural-to-Agricultural
subdivisions having a remainder less than 50 acres in size or accessory
agricultural structures shall be prohibited within the Runway Protection Zone
1, Runway Protection Zone 2, Runway Protection Zone 3, and Inner Safety Zone
unless for conveyance to the City/ Airport.
(9) Single family dwellings lawfully permitted and established within the AO District prior to the adoption of this chapter may be maintained, repaired, or reconstructed in accordance with the provisions of this chapter, provided the dwelling meets the applicable standards of the City of Frederick Code.
(10)
Other uses or
activities determined to be incompatible with aviation and aviation safety as
determined by the Planning Commission shall be prohibited.
(11)
A declarative
statement shall be recorded with the Frederick County Court House for each lot,
subdivision or site plan located within the Horizontal Surface and those areas
identified as “Airport Contour Zone” on the Overlay Map. Additionally, the note shall specifically
state when properties are located within the Approach surfaces of the Airport
runways, the statement shall read as follows:
“The subject property is located within an Airport
Overlay District in which a variety of aviation activities occur on a daily
basis, 24 hours per day. Such
activities may include but are not limited to aircraft overflight noise,
vibration, chemicals, odors, and other associated airport activities.”
(12)
The developer of any
residential uses which are outside of, but within 1 mile of the DNL 65 contour,
shall disclose in writing to all prospective purchasers that they are located
within an area that will be impacted by aircraft overflights and aircraft
noise.
(13)
The developer of any
residential uses which are outside of, but within 1 mile of the DNL 65 contour,
shall incorporate acoustical treatment into all dwelling units to insure that
interior noise levels within living spaces (not including garages, sun rooms,
or porches) do not exceed a sound level of 45 decibels
(14)
The construction of
new residential units within those areas of 65 DNL or greater shall be
prohibited. However, new dwelling units and additions to existing dwellings may
be permitted, provided that:
A.
The lot had record
plat approval prior to the effective date of the adoption of such regulations.
B.
The new dwelling unit
complies with the standards and requirements as set forth above in provisions
dealing with (12) Full Disclosure and (13) Acoustical Treatment.
C.
No building or other
structure shall be constructed without certification from the Federal Aviation
Administration that it will not constitute a hazard to air traffic. The
applicant is required to file a FAA form 7460, which is notice of proposed
construction or alteration.
(15) If a structure is located in the Airport
Overlay District, the height limitations set forth in Federal Aviation
Regulations, Part 77, or successor regulations, shall apply where such limitations
are stricter than those established in this Code.
No use, building,
structure, or development activity shall be established, altered or relocated
by any person, firm or corporation except as otherwise authorized by this
chapter and shall be processed in accordance with applicable provisions of the
underlying zone, and the following:
(1)
Land use applications
within any portion of the AO District shall be subject to the prescribed review
of Article 3 of the City of Frederick Code.
(2)
The Planning
Commission may require the applicant to submit either or both of the following:
A.
A certificate from an
engineer or land surveyor, that clearly states that no airspace obstruction
will result from the proposed use.
B.
The maximum elevation
of proposed building or structures based on the established airport elevation
and NAD 1983 – reference datum.
Elevations shall be determined by an engineer or a land surveyor and expressed in both MSL and
AGL.
An application for a
building, structure, use, subdivision, short subdivision, binding site plan or
other development activity shall submit the following information in addition
to application materials required as set forth in the City of Frederick Code.
(1)
The site plan shall
clearly delineate the location of the project to the Runway Protection Zone 1,
Runway Protection Zone 2, Runway Protection Zone 3, Inner Safety Zone, and /or
Airport Contour Zone as depicted on Map 419.1.
(2)
The location and
height of all proposed buildings, structures, and natural vegetation in MSL and
AGL if located within the following:
A.
Runway Protection
Zone 1, Runway Protection Zone 2, Runway Protection Zone 3, Inner Safety Zone,
and/or Airport Contour Zone;
B.
Horizontal and
Conical Surfaces; and
C.
Other Safety Zones
or FAR Parts 77 Imaginary Surfaces not describe in subsection A
and B.
(3)
In accordance with
FAA FAR Part 77 Regulations, FAA Form 7460-1, Notice of Proposed
Construction or Alteration, shall be submitted whenever construction or
alternation of a structure is proposed with the following characteristics:
A. Any construction or alternation of more than 200
feet in height above the ground level (AGL) at its site.
B. Any construction or alteration of greater height
than the Part 77 imaginary surface detailed under the Airspace and Safety
Surfaces described below.
C. 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 over-crossings are designed for a minimum of 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, for
a private road, 23 feet for a rail system, and for 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 (3)(A) or (B) of this section.
D.
When requested by the
FAA, any construction or alteration that would be in an instrument approach
area as defined in the FAA standards governing instrument approach procedures.
E. Any construction or alteration on Airport
property that is available for public use.
(4)
Each applicant who is
required to notify the Administrator shall send one executed form set of FAA Form
7460-1 to the appropriate FAA Office address shown on Form 7460-1), one set to the Manager, Frederick Municipal Airport, and one set to the City of Frederick Department
of Planning for review. This notice
must be submitted at least 30 days before the earlier of the following dates:
A.
The date the proposed
construction or alteration is to begin.
B.
The date an
application for a construction permit is to be filed.
(g) Airspace
And Safety Surfaces
These surfaces are
directly tied to the latest version of the Federal Aviation
Administration-accepted Frederick Municipal Airport, Airport Layout Plan and/or
the Airspace Plan. This overlay and its
restrictive surfaces shall always be consistent with the current version of
these plans. These surfaces of the AO District as set forth herein, serve to
restrict those uses that may be hazardous to the operation safety of aircraft
operating within the Overlay and are depicted on Map 417-1. The following air
space and land use safety surfaces are hereby created and established for
Runways 5-23 and 12-30 (and consideration of future parallel Runway 5R-23L):
(1)
Runway Protection
Zone 1: This zone begins 200 feet from
the end of the runway 5 and measures 500 feet across, centered on the runway.
The zone extends 1,700 feet to its widest point, which measures 1010 feet
across, 505 feet on either side of the runway centerline.
(2)
Runway Protection
Zone 2: This zone begins 200 feet from
the end of the runway 23 and measures 1,000 feet across, centered on the
runway. The Zone extends 1,700 feet to
its widest point, which measures 1,510 feet across, 755 feet on either side of
the runway centerline.
(3)
Runway Protection
Zone 3: This zone begins 200 feet from
the end of the runways 12 / 30 and measures 500 feet across centered on the
runway. The zone extends 1,000 feet to
its widest point, which measures 700 feet across, 350 feet on either side of
the runway centerline.
(4)
Runway Protection
Zone 4: This zone begins 200 feet from
the end of the runways 5R / 23L and measures 250 feet across centered on the
runway. The zone extends 1,000 feet to
its widest point, which measures 450 feet across, 225 feet on either side of
the runway centerline. This zone is in
place for the future development of this parallel runway.
(5)
Inner Safety
Zone: This zone begins at the end of
the Runway Protection Zones and extends out to the end of the one-mile
contour. The zones mimic the angles of
their respective Runway Protection Zone.
(6)
Airport Contour
Zone: This zone begins at the 65 DNL
and extends to a contour that is offset one-mile.
(1)
Primary Surface: The approach area is all land and space,
which lies directly under an imaginary approach surface longitudinally centered
on the runway, extending 200 feet in each direction of the paved threshold of
the runway. Primary surface widths vary
with the classification of the runway; however, the width is uniform throughout
and is based on the most precise approach existing or planned for either end of
that runway.
(2)
Horizontal
Surface: A horizontal plane 150 feet
above the established Airport Elevation, the perimeter of which is constructed
by swinging arcs of specified radii from the center of each Primary Surface of
each runway. Tangents then connect the
adjacent arcs. Arc sizes:
A.
For all runways
designed visual or utility, the radius of each arc is 5,000 feet.
B.
For Precision
Instrument and Non-Precision Instrument Runways, the radius of each arc is
10,000 feet.
C.
The radius of the
arcs specified for each end of a runway will have the same numerical value that
value being the highest determined for either end of the runway. When a 5,000 feet arc is encompassing
tangents connecting two adjacent 10,000 feet arcs, it shall be disregarded.
(3)
Conical Surface: A surface, which extends upward and outward
from the outer limits of the Horizontal Surface for a horizontal distance of
4,000 feet. The slope of the conical
surface is 20:1 (5 percent) measured in a vertical plane.
(4)
Transitional
Surface: The transition surface begins
on either side of the primary surface and slopes upward and outward at a 7:1
(14.3 percent) slope meeting the horizontal surface at 150 feet above the
elevation of the airport. This surface
is also connected to the approach surface at both ends of the runway at a slope
of 7:1.
|
Item |
Runway 5 |
Runway 23
|
Runway 12 |
Runway 30 |
|
Width of Primary Surface
and Approach Surface Width at Inner End |
1,000’ |
1,000’ |
500’ |
500’ |
|
Radius of Horizontal
Surface |
10,000’ |
10,000’ |
5,000’ |
5,000’ |
|
Approach Surface Width
at End |
3,500’ |
16,000’ |
1,500’ |
1,500’ |
|
Approach Surface Length |
10,000’ |
50,000’ |
5,000’ |
5,000’ |
|
Approach Slope |
34:1 |
50:1 for inner 10,000
feet. 40:1 for outer 40,000 feet. |
20:1 |
20:1 |
In
the event of a conflict between the Airport Overlay District adopted under this
article and any other regulations applicable to the same area, whether the
conflict be with respect to the height of structure(s) or tree(s), the use of
land, or any other matter, the more stringent limitation or requirement shall
govern and prevail.
Final Version Approved by Airport Commission on 3/24/05.