Chapter 17.45 — AIRPORT PARK OVERLAY DISTRICT (APO)

The Airport Park Overlay District designated herein by the symbol "APO", is intended to enhance safety to aviators and the general public by informing and notifying property owners of potential noise and safety issues generated from the Adelanto Airport Park. The purpose of the Airport Park Overlay District is to promote safe and harmonious development of those areas located within the Airport Park Overlay District as shown on the City of Adelanto General Plan Land Use/Zoning Map. The guidelines in this Chapter help minimize the exposure to high noise levels and accident hazards generated by airport operations and encourage future development that is compatible with the continued operation of the airport. This is achieved by promoting commercial and industrial developments that are capable of strengthening the local economy and enhancing the quality of life of residents, as well as ensuring that land use conflicts are minimized and that long term interest for industrial projects are maintained. The Airport Park Overlay District identifies potential restrictions and limitations on uses and heights of structures and other objects near airports in order to protect airport airspace and people on the ground. [Ord. No. 480, Section 6, 3/11/09.]

The Airport Park Overlay District applies to those areas adjacent to the Airport Park District and within the boundaries shown on the City of Adelanto General Plan Land Use/Zoning Map. Such areas shall be identified on the City of Adelanto General Plan Land Use/Zoning Map by the letters "APO."

The Airport Park Overlay District is a supplement to the basic underlying land use/zoning district and shall be applied to those properties that are determined to be within the designated Overlay District. The provision of this Chapter shall apply to all new development within the Airport Park Overlay District and any addition, remodeling, relocation, or construction requiring a building or grading permit.

[Ord. No. 480, Section 6, 3/11/09.]

Whenever any property on the City of Adelanto General Plan Land Use/Zoning Map is identified within the Airport Park Overlay District, the provisions of this Chapter shall apply concerning uses and height limitation for any buildings or structures located, or to be located upon such property. The regulations in this Chapter shall be in addition to the regulations in the underlying zone.

[Ord. No. 480, Section 6, 3/11/09.]

The Airport Park Overlay District is intended to identify recommended heights of buildings and structures within the Overlay areas to reduce the potential impacts of noise and safety hazards associated with the close proximity of the airport. Structures or objects within the Airport Park Overlay District should be reviewed as to whether they would conflict with Federal Aviation Administration Regulations Part 77 or impede visibility or access to open areas providing emergency landing areas for aircraft.

[Ord. No. 480, Section 6, 3/11/09.]

Particularly hazardous land uses should be restricted in all designated airport overlay zones. These include those which would cause smoke, water vapor, or light interference impeding the pilot's ability to see the airfield. Other uses which cause electrical interference with aircraft navigational and communications equipment also should be prohibited in the airport vicinity. Other inappropriate uses include those which attract large numbers of birds. Examples include landfills and some types of food processing plants involving outdoor storage of grain and other raw materials or food by-products.

The California Airport Land Use Planning Handbook offers the descriptions of land uses which are considered hazardous and should be restricted within all airport safety zones. These land uses include:

1. Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at the airport, other than an FAA approved navigational signal light or visual approach slope indicator;

2. Any use which would cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport;

3. Any use which would generate smoke or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within this area;

4. Any use which would generate electrical interference that would be detrimental to the operation of aircraft and/or aircraft instrumentation; and

5. Any land use involving, as the primary activity, the manufacture, storage, or distribution of explosives or flammable or hazardous materials. [Ord. No. 480, Section 6, 3/11/09.]

All properties proposed for new development within the Airport Park Overlay District and any addition, remodeling, relocation, or construction requiring a building or grading permit shall record a deed notice prior to issuance of the building or grading permit. The intent is to ensure that property owners and prospective buyers of airport area property are informed about impacts of airport operations on the property and conditions that may affect the property. A deed notice shall be substantially as described below:

"Chapters 17.22 (Airport Park) and 17.45 (Airport Park Overlay District) of the Adelanto Zoning Code identify an airport influence area for the Adelanto Airport. Properties within this area are subject to overflights by aircraft using this airport and, as a result, occupants may experience inconvenience, annoyance, or discomfort

arising from the noise of such operations and potential increased risks associated with aircraft operations. Therefore, these properties may be subject to certain limitations on uses and heights of buildings in close proximity to the airport." [Ord. No. 480, Section 6, 3/11/09.]