The O-A Overlay Airport District prevents the
establishment of flight or safety hazards within the vicinity of the
Rochester - Monroe County Airport. The district recognizes the approach-departure
corridors where development might endanger the lives and property
of residents of the area, airport operations or aircraft. The Overlay
Airport District shall not be independently mapped upon the Zoning
Map but shall be overlaid upon existing zoning districts. When so
mapped, the Overlay Airport District shall provide regulations and
review procedures in addition to those required in the underlying
district.
The Overlay Airport District shall consist of
two sections, an inner section and an outer section.
A.
Inner district. The O-A Overlay Airport District (Inner)
shall be established over the area within one mile from the boundary
line of the Rochester - Monroe County Airport and within the approach-departure
corridors of instrument-equipped runways at the airport over an area
not to exceed three miles from the end of the runway and one mile
in width. The boundaries of the Overlay Airport District (Inner) may
be changed from time to time as necessary to reflect the current configuration
and utilization of the airport and its facilities. The Manager of
Zoning shall request annually from the Monroe County Department of
Planning and Development information concerning any changes or projected
changes involving instrument runway layout, airport boundaries or
general airport operations or use.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B.
Outer district. The O-A Overlay Airport District (Outer)
shall be established over the remainder of the area within the corporate
limits of the City of Rochester not covered by the Overlay Airport
District (Inner).
Referral required prior to City action. The
following applications shall require referral to the Monroe County
Department of Planning and Development in accordance with the provisions
of § C5-4A of the Monroe County Charter:
A.
Inner district. Any application for any of the following
actions within the O-A District (Inner):
(1)
Subdivision.
(2)
Changes in land use by amendment of the provisions
of this chapter, special permit or variance.
(3)
Other significant changes in land use.
(4)
Development of vacant land.
(5)
Any land use which might create a flight or safety
hazard by reason of electronic interference, impairment of visibility,
glare, flammability, radiation, height or any other feature.
B.
Outer district. Any application for any of the following
actions within the Overlay Airport District (Outer):
(1)
Any land use which might create a flight or safety
hazard by reason of electronic interference, impairment of visibility,
glare, flammability, radiation, height or any other feature.
(2)
Any application for a special permit for height or
a variance in accordance with the provisions of this article.
Within the Overlay Airport District, both inner
and outer sections, no building, structure or use that is not specifically
limited to a lower maximum height by the zoning district in which
it is to be located shall be permitted to extend above an imaginary
plane the height of which is determined as follows:
A.
Vertical height. Vertical height of the imaginary
plane shall be measured from an elevation of 559 feet above mean sea
level, which is the elevation of Rochester - Monroe County Airport
Runway 10-28.
B.
Horizontal distance. Horizontal distance shall be
measured from the airport location point (ALP) defined by the United
States Department of Commerce, National Oceanic and Atmospheric Administration,
as being located within the Rochester - Monroe County Airport at a
latitude of 43º 07' 11.2" and a longitude of 77º 40' 18.2".
C.
Location-determined height and distance.
(1)
For all locations less than 8,000 feet from the ALP,
the height of the imaginary plane shall be 40 feet.
(2)
For all locations between 8,000 and 10,000 feet from
the ALP, the height of the imaginary plane shall begin at 50 feet
and shall increase one foot in height for every 40 feet of horizontal
distance to a maximum height of 100 feet at a distance of 10,000 feet.
(3)
For all locations between 10,000 and 25,000 feet from
the ALP, the height of the imaginary plane shall begin at 100 feet
and shall increase one foot in height for every 50 feet of horizontal
distance to a maximum height of 400 feet at a distance of 25,000 feet.
D.
Table of dimensions. The following table illustrates
the height of the imaginary plane, measured from 559 feet above mean
sea level, defined in this section:
|
Distance from ALP
(feet)
|
Height of Imaginary Plane Measured from
559 Feet Above Mean Sea Level
|
|---|---|
|
Less than 8,000
|
40
|
|
8,000
|
50
|
|
9,000
|
75
|
|
10,000
|
100
|
|
11,000
|
120
|
|
12,000
|
140
|
|
13,000
|
160
|
|
14,000
|
180
|
|
15,000
|
200
|
|
16,000
|
220
|
|
17,000
|
240
|
|
18,000
|
260
|
|
19,000
|
280
|
|
20,000
|
300
|
|
21,000
|
320
|
|
22,000
|
340
|
|
23,000
|
360
|
|
24,000
|
280
|
|
25,000
|
300
|
|
25,000+
|
400+ by special permit
|
Any tree, shrub or other object of natural growth
located within the Overlay Airport District that exceeds the maximum
permitted heights defined in this article or otherwise impairs visibility
may be declared to be a flight hazard and may be required to be removed,
trimmed or otherwise altered at the owner's expense.
No building, structure or use shall be established,
created or constructed which creates or is expected to create a flight
or safety hazard. No certificate of zoning compliance shall be issued
for such a building, structure or use.
A.
Procedure.
(1)
An applicant desiring to erect any structure or increase the height of any structure or otherwise use his or her property in violation of these regulations may file for a variance as provided in § 120-195.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
Every application shall be accompanied by the Federal
Aviation Administration's current written advisory determination issued
pursuant to Part 77 of the Federal Aviation Regulations and shall
include a written statement addressing the impact of the proposed
use upon existing flight patterns.
(3)
The application shall be referred to the Monroe County Department of Planning and Development for review and approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure or use on flight patterns, airport operations, the environment, changes in aircraft noise contours and any other matters they deem appropriate.
(4)
Upon receipt of the report of the Monroe County Department
of Planning and Development, the Manager of Zoning shall officially
advise the City Clerk of each such application, together with the
advisory determination of the Federal Aviation Administration and
the report of the Monroe County Department of Planning and Development.
The City Clerk shall transmit all such information as an official
communication to the City Council at its next meeting. In the event
that City Council does not have a regularly scheduled meeting within
14 days from the receipt of the application, the Manager of Zoning
shall also transmit all such information by registered mail to each
member of the City Council.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B.
Hearing. All such variances shall be heard and decided
by the Zoning Board of Appeals. A public hearing shall be set, advertised
and conducted by the Zoning Board of Appeals in accordance with this
chapter. All such public hearings shall be scheduled not less than
10 days following City Council's receipt of the official communication
or the date of issuance of such information by registered mail, whichever
occurs earlier.
C.
Determination.
(1)
If the advisory determination of the Federal Aviation
Administration and/or the report of the Monroe County Department of
Planning and Development indicates that the applicant's proposal would
affect flight patterns and/or airport operations, the Manager of Zoning
shall give notice of such application and a brief summary of the advisory
determination of the Federal Aviation Administration and the report
of the Monroe County Department of Planning and Development. Such
notice shall be given by publication in an official newspaper or a
newspaper of general circulation in the City at least once, not more
than 30 days nor less than 20 days before the date of the public hearing.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
In approving the variance, the Zoning Board of Appeals
may require the applicant to install, operate and maintain upon the
structure such markers and lights as may be necessary to indicate
to operators of aircraft the presence of such hazard.
(3)
If the advisory determination of the Federal Aviation
Administration and/or the report of the Monroe County Department of
Planning and Development indicates that the applicant's proposal would
affect flight patterns and/or airport operations, then no variance
shall be approved unless the applicant establishes that the proposal
would not adversely affect the health and safety of City residents
nor result in increased noise levels in the City.
A.
Procedure.
(1)
An applicant desiring to erect any structure or increase the height of any structure located at a distance greater than 25,000 feet from the airport location point (ALP) which shall extend above an imaginary plane the height of which is 400 feet above the elevation of Rochester - Monroe County Airport Runway 10-28, 541 feet above mean sea level, may file for a special permit as provided in § 120-192.
(2)
The application shall be accompanied by the Federal
Aviation Administration's current written advisory determination issued
pursuant to Part 77 of the Federal Aviation Regulations and shall
include a written statement addressing the impact of the proposed
use upon existing flight patterns.
(3)
The application shall be referred to the Monroe County Department of Planning and Development for approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure on such matters as flight patterns, airport operations, environmental impact, changes in aircraft noise contours and any other matters they deem appropriate.
(4)
Upon receipt of the report of the Monroe County Department
of Planning and Development, the Manager of Zoning shall officially
advise the City Clerk of each such application, together with the
determination of the Federal Aviation Administration and the report
of the Monroe County Department of Planning and Development. The City
Clerk shall transmit all such information as an official communication
to the City Council at its next meeting. In the event that City Council
does not have a regularly scheduled meeting within 14 days from the
receipt of the application, the Manager of Zoning shall also transmit
all such information by registered mail to each member of City Council.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B.
Hearing. A public hearing shall be set, advertised
and conducted by the Planning Commission in accordance with this chapter.
All such public hearings shall be scheduled not less than 10 days
following City Council's receipt of the official communication provided
in this section herein or the date of issuance of such information
by registered mail, whichever occurs earlier.
C.
Determination.
(1)
If the advisory determination of the Federal Aviation
Administration and/or the report of the Monroe County Department of
Planning and Development indicates that the applicant's proposal would
affect flight patterns and/or airport operations, the Manager of Zoning
shall give notice of such application and a brief summary of the advisory
determination of the Federal Aviation Administration and the report
of the Monroe County Department of Planning and Development. Said
notice shall be given by publication in an official newspaper or a
newspaper of general circulation in the City at least once, not more
than 30 days nor less than 20 days before the date of the public hearing.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
In approving the special permit, the Planning Commission
may require the applicant to install, operate and maintain upon the
structure such markers and lights as may be necessary to indicate
to operators of aircraft the presence of such hazard.
(3)
If the advisory determination of the Federal Aviation
Administration and/or the report of the Monroe County Department of
Planning and Development indicates that the applicant's proposal would
affect flight patterns and/or airport operations, then no special
permit shall be approved unless the applicant establishes that the
proposal would not adversely affect the health and safety of City
residents nor result in increased noise levels in the City.
