Chapter 11.13 — AIRPORT ENVIRONS (AP) OVERLAY DISTRICT

The standards of this Chapter apply to areas within the Airport Influence Area of the Yuba County Airport, the Brownsville Airport, and the Beale Air Force Base. As used herein, "airport" means the Yuba County Airport, the Brownsville Airport, and the Beale Air Force Base.

(Ord. No. 1624)

The Airport Environs (AP) Overlay District is established to:

(1)

Protect land uses around the airport from potential hazards of airport operations;

(2)

Identify a range of uses compatible with airport accident hazard and airport noise exposure;

(3)

Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations;

(4)

Require noise attenuated construction within the airport environs;

(5)

Comply with Federal Aviation Administration (FAA) regulations; and

(6)

Implement the authority conferred by the Airport Approaches Zoning Law, to regulate the use of the air space for the purpose of promoting the health, safety and general welfare of the inhabitants of the County of Yuba by protecting the Yuba County Airport, Brownsville Airport and Beale Air Force Base from non-compatible land uses and providing for the orderly growth of the area surrounding these airports, safeguarding the general welfare of the inhabitants within the vicinity of the airports and the public in general by protecting the public from the adverse effects of aircraft noise and reducing the number of people exposed to airport-related hazards, and ensuring that no structures affect navigable airspace.

(Ord. No. 1624)

Notwithstanding any other provisions of this Chapter, no use may be made of land or water within the AP Overlay District in such a manner that would:

(1)

Create a "Hazard to Air Navigation" as determined by the FAA;

(2)

Result in glare in the eyes of pilots using the airport;

(3)

Make it difficult for pilots to distinguish between airport lights and others;

(4)

Impair visibility in the vicinity of the airport;

(5)

Create steam or other emissions that cause thermal plumes or other forms of unstable air;

(6)

Create electrical interference with navigation signals or radio communication between the airport and aircraft;

(7)

Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight; or

(8)

Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Ord. No. 1624)

Those uses permitted in the base district, subject to the limitations and conditions set forth therein and consistent with the applicable Airport Land Use Plan.

(Ord. No. 1624)

In addition to the development standards of the underlying district, development in the AP Overlay District is subject to the requirements, limitations and conditions set forth therein and consistent with the applicable

Airport Land Use Plan.

(Ord. No. 1624)

New development exposed to CNEL above 60 dB shall comply with the following standards:

(1)

Single-unit residential dwellings. New single-unit dwellings shall incorporate the following noise reduction design measures unless alternative designs that achieve and maintain an interior noise level of CNEL 45 dB are incorporated and verified by a Board Certified Acoustical Engineer.

a.

All facades must be constructed with substantial weight and insulation;

b.

Sound-rated windows providing noise reduction performance similar to that of the facade must be included for habitable rooms;

c.

Sound-rated doors or storm doors providing noise reduction performance similar to that of the facade must be included for all exterior entries;

d.

Acoustic baffling of vents is required for chimneys, fans, and gable ends;

e.

Installation of a mechanical ventilation system affording comfort under closed-window conditions; and

f.

Double-stud construction, double doors, and heavy roofs with ceilings of two layers of gypsum board on resilient channels.

(2)

Other development. For new hotels, motels, apartment houses, and dwelling units except single-unit dwellings, an acoustical study shall be prepared by a Board Certified Acoustical Engineer demonstrating that the proposed structure or structures have been designed to meet the noise reduction requirements and standards set forth in 21 CCR § 5012.

(Ord. No. 1624)

(a)

The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR Part 77, Subpart C, the results of that study shall be taken into account by the County.

(b)

No object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted in the applicable Airport Land Use Plan.

(c)

Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR Part 77.

(Ord. No. 1624)

Any person proposing construction or alteration within the AP Overlay District shall submit notification of the proposal to the FAA if such construction or alteration exceeds an of the flowing height standards:

(1)

Two hundred feet above ground level.

(2)

The plane of an imaginary surface extending outward and upward at a slope of 100 to 1 for a distance of 20,000 feet from the nearest point of any runway.

(Ord. No. 1624)

Shall be required as specified in the applicable airport land use plan.

(Ord. No. 1624)

If an avigation easement is not required, residential development within the primary or secondary overflight area indicated in the applicable Airport Land Use Plan, an overflight notification consistent with the following standards shall be recorded:

(1)

The notification shall contain the following language dictated by state law with regard to real estate transfer disclosure.

NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors).

Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

(2)

The notification shall be made evident to prospective purchasers of the property and shall appear on the property deed.

(Ord. No. 1624)

Non-conforming land uses which were in existence prior to the effective date of this Chapter may continue pursuant to the requirements of the applicable airport land use plan.

(Ord. No. 1624)

CHAPTER 11.14 - FLOODPLAIN (FP) OVERLAY DISTRICT