Sec. 4.8. Airport Overlay (-A60, -A65)

4.8.1. Purpose

The AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay is established to contribute to the safe operation of airports, to facilitate orderly developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. around airports, and to control and minimize impacts on surrounding activities. It is also the intent of this overlay to encourage land use patterns which are appropriate for the airportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. vicinity and public safety by avoiding concentrations of population. Standards are provided to ensure an attractive entrance to the area in order to encourage trade and commerce and thereby maintain economic vitality.

4.8.2. Applicability

The AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay applies to properties in the vicinity of Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled.. The specific boundaries are defined on the Official Zoning Map and are imposed on property as an addition to the underlying zoning district. The boundaries generally follow physical boundaries which are identifiable on the landscape and are related to the airportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. noise contours as determined by the Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority. The AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay is divided into two suboverlays which are further described below:

A. -A65

Shall be that area found within the 65 Ldn of the Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. and shown on the Official Zoning Map.

B. -A60

Shall be that area located outside the 65 Ldn but within the 60 Ldn of the Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. and shown on the Official Zoning Map.

4.8.3. Permitted Uses and Prohibitions

A. Permitted Uses in -A65

Only the following uses shall be allowed, pursuant to the permissibility of the underlying zoning district in Sec. 5.1, Use Table: Agricultural, Residential, and Utilities (per Public and Civic Uses).

B. Permitted Uses in -A60

All uses in the underlying zoning district shall be permissible pursuant to Sec. 5.1, Use Table, with the exception of outdoor firing rangesClosed A property prepared, equipped and delineated for the purpose of shooting at targets by rifles [excluding air rifles], pistols, shot guns or archery. Excluded from this definition are residential sites and properties with hunting leases..

C. Prohibited Lighting

The lighting types below shall not be permitted:

1. Any moving, pulsating, flashing, rotating, or oscillating light, which may interfere with air traffic other than navigational markings or lights marking potential obstructionsClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. in accordance with Federal Aviation Administration requirements.

2. Flood lights, spot lights, or other lighting devices which are not shielded so as to prevent illumination in an upward direction.

3. Any light which constitutes a “misleading light” within the meaning of Federal Aviation Administration regulations.

D. Prohibited Electronic Signals

Any electronic impulse or signal which interferes with communications between aircraft and the airportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled., or which interferes with established navigation aids shall be prohibited.

E. Prohibited Heights

Structures and signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. of a height which obstructClosed When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. the takeoff and landing of aircraft, as determined by the Federal Aviation Administration, shall be prohibited.

4.8.4. Additional Requirements

A. The Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority shall have the opportunity to review applications for a special use permit, varianceClosed A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship., zoning map change, subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets., or site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval within the airportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. overlay prior to a decision by the approving authority. All developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall also comply with the airspace regulations adopted by the Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority. Whenever said airspace regulations impose more stringent requirements or limitations than are required by this Ordinance, the provisions of the airspace regulations shall prevail.

B. Residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay shall demonstrate that aircraft noise exposure within the dwellings shall not exceed decibel levels of 45 Ldn and be certified by an acoustical engineer or a board certified member of the Institute of Noise Control Engineering. Measures for reducing noise exposure may include: orientationClosed The directional placement of a structure or element in relation to its surroundings, the street and other structures. of structures, design standards, landscaping, or construction materials used in walls, windows, doors, roofs, floors, or ceilings. Design guidelines for noise reduction are available from publications of the Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority.

C. Residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. within the AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay shall ensure that purchasers of the dwellings will be notified that the property may be subject to noise exposure from aircraft using Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled.. Measures used to notify purchasers may include notices on platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. or deeds.

D. Nonconforming uses may be continued subject to the regulations found elsewhere in this Ordinance. However, no building permitClosed A permit issued by the Inspections Department in conformance with the State Building Code. shall be issued which would allow a greater hazard (for example: more units, or brighter lighting) to public safety than existed at the time of adoption of this Ordinance.

E. Avigation Easement

The developerClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of new developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Overlay-A60 or –A65 shall grant an avigation easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. to the Raleigh-Durham AirportClosed A place where aircraft can takeoff and land, be repaired, take on or discharge passengers or cargo, be stored or refueled. Authority for the subject property. A copy of the recorded avigation easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be provided to the Planning Director prior to approval of a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary/minor platClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. for the subject property. The easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. must, at a minimum, convey a perpetual right and easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for the free and unobstructed overflight of aircraft over and in the vicinity of the property. The easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. must be appurtenant to the property, and must not be subordinatedClosed Secondary in appearance so as not to diminish or visually overpower another element or structure. This shall be considered as a whole and shall not require each dimensional aspect to be subordinate, unless specifically required by another provision of this Ordinance. to any other interest such as mortgage or lien.