24.8 Airport Environs Zone | Oro Valley Zoning Code

Section 24.8 Airport Environs Zone

Allowance of aviation fuel storage and dispensing at 13100 N. Tailwind Dr. within the La Cholla Airpark

The purpose of this overlay zone is to protect the health, safety, and welfare of persons and property in the vicinity of the La Cholla Airpark. To this end the Airport Environs Zone (AEZ) restrictions:

1. Control noise and safety hazards associated with aircraft operations.

2. Recognize the role of La Cholla Airpark as a facility which may be used by government agencies in emergencies and may provide secure and convenient access for important visitors.

3. Ensure the continued viability and operation of the Airpark by limiting the encroachment of incompatible land uses.

4. Promote the compatibility of uses with aircraft operations through the establishment of criteria for the regulation of building height and density.

5. Address potentially life-threatening situations in areas exposed to aircraft accident potential through restrictions on the congregation of large numbers of people or high concentrations of people and by restrictions on concentrations of people who are unable to respond to emergency situations, such as children, the elderly, the handicapped, and persons undergoing medical treatment.

6. Increase the protection of persons exposed to high levels of aircraft noise by requiring acoustical treatment in buildings located within these areas and regulating those uses which are sensitive to such noise.

7. Prohibit uses which create potential hazards to the safe approach and departure of aircraft.

The AEZ is made up of the following five (5) zones as established by the Compatible Use Zone (CUZ) map (Figure 1) and the Conical Zone (Figure 2).

CUZ A	Runway and Runway Protection CUZ
CUZ B	Outer Runway Protection CUZ
CUZ C	Outer Approach CUZs
CUZ D	Overflight Area
Conical Zone	No Obstruction of Avigation Area

The AEZ is not intended to have jurisdiction over the operation of the airport uses, including accessory uses, within the Airpark.

1. The provisions of the Airport Environs Zone (AEZ) apply to the following on all property located within the AEZ boundaries.

a. Rezonings.

b. New development including subdivisions, development plans and new construction on individual lots.

c. Use changes, expansions, or additions to and existing structures as follows.

i. A proposed change to any use restricted within the applicable zone of the AEZ.

ii. A proposed change to building occupancy.

iii. For any proposed expansion of the gross floor area of a structure or the gross floor area of a project site by over twenty-five (25) percent, the provisions of the Airport Environs Zone (AEZ) apply to the areas of expansion. Expansions are cumulated over time from the date of this ordinance.

d. Existing development in regards to Section 24.8.D, Permitted Uses and Prohibited Activities.

2. For property partially within the AEZ, the provisions apply to only those portions within the boundaries of the AEZ. For areas outside the Town limits, which have not been annexed by the Town, the AEZ overlay provisions apply upon annexation.

3. Nothing contained in this Section affects existing, developed property or the right to its continued use for the purpose legally used at the time these regulations become effective, nor do these regulations affect any reasonable repairs to, or alterations of, buildings or property used for such existing purposes.

The land uses permitted are those permitted by the underlying zone, except as modified by this Section.

Any restriction of occupancy required under this section as a condition of building permit issuance or certificate of occupancy will be posted on the premises. The owner/manager(s) of the premises may not permit the limitation to be exceeded.

Where the requirements of this district conflict with other applicable districts, the most restrictive applies.

All zoning district changes in the AEZ, shall include a requirement for dedication of an avigation easement, to the Town of Oro Valley, providing the following:

a. Right-of way for free and unobstructed passage of aircraft though the airspace over the property.

b. A right to subject the property to noise and vibrations associated with normal aircraft operations.

c. A right to prohibit electrical interference, glare and other hazards to aircraft flight

All new or revised plats or development plans within the AEZ shall require recorded deed notices to run with each property, and any subsequent subdivisions of the property, that states:

This property is within the La Cholla Airpark Environs and is subject to the requirements of that zone, including height limitations. Uses within this zone may experience noise and vibrations from aircraft operations.

Communications nuisance; dangerous activity, hazard or obstruction; illumination nuisance; and visibility nuisance.

The compatible use zones are shown in the following Figure 1.

The following table shows applicable standards and the broad categories of uses allowed within each zone:

Table 1
CUZ A	Permitted Uses: General Aviation Airstrip, including accessory uses and helicopter, sailplane, hot air balloon and ultralight aircraft facilities
CUZ B	Permitted Uses: Accessory facilities to those in CUZ A Single-family Residential and others per Chapter 23 with the exception of group homes and temporary real estate offices. Conditional Uses: Those provided in Chapter 23 with the exception of utility poles and wires. Utility, office, and industrial uses. Uses may not provide highly reflective surfaces, have large areas of standing water or generate smoke, steam or other visual obstructions.
CUZ C	Permitted Uses: Single-family Residential and others per Chapter 23 with the exception of group homes and temporary real estate offices. Conditional Uses: Those provided in Chapter 23 with the addition of group homes and temporary real estate offices. Utility, office, and industrial uses. Uses may not provide highly reflective surfaces, have large areas of standing water or generate smoke, steam or other visual obstructions. All uses must provide 30% open space in a corridor generally along, or parallel to, the alignment of the runway.
CUZ D	Permitted Uses: Per underlying zoning district.

All uses within the AEZ must provide insulation, fenestration and related building techniques to reduce the interior noise level to 45 decibels or less, as specified by the International Residential Code, Section 324, the International Building Code Section 1207, and the Arizona Revised Statues Section 28-8461.

No structure, use of land, or tree may penetrate the AEZ Height Surface established as the Conical Zone Figure 2. The surface is based on the elevation at each end of the runway.

1. An application for an amendment of the AEZ shall clearly establish that the amendment is not contrary to the purposes of the AEZ as established by Section 10-601. This shall be considered as a finding in the approval or denial of the application.

2. The above requirement does not apply to applications initiated by the Planning and Zoning Commission or the Town Council.