20.30.040 ACO district restriction of permitted and special exception land uses.
A. Effect on Base Zoning. All uses allowed as a permitted use or special exception use in the base zoning district shall remain permitted except as described in subsections (B), (C), and (D) of this section, ACO district restriction of permitted and special exception land uses.
B. Within Five (5) Statute Miles of the Airport.
1. Prohibited Land Uses and Site Features. When the airport facility is fully or partially located within five (5) statute miles of the subject property, the following land uses and site features shall not be allowed as a permitted use or special exception use:
•Grain elevator with leg over 120 feet
•Grain storage, outdoor or open (unless covered and secured)
•Recycling processing, outdoor or open
•Sanitary landfill/refuse dump
•Putrescible waste processing or disposal facility
•Transfer station, outdoor or open grain, fruit, or vegetables
•Transfer station, outdoor or open recycling, or putrescible waste
2. Discouraged Land Uses and Site Features. When the airport’s facility is fully or partially located within five (5) statute miles from the boundary of the subject property, the following land uses and site features shall not be allowed as a permitted use. However, they may be granted as a special exception when the base zoning district permits the land use as a permitted use or special exception use; or if the base zoning district permits the site feature:
•Golf course
•Constructed wetland
•Recreation pond
•Retention pond (wet retention)
•Wastewater treatment facility
C. Within 10,000 Feet of the Airport.
1. Prohibited Land Uses and Site Features. When the airport facility is fully or partially located within 10,000 feet of the subject property, the following land uses and site features shall not be allowed as a permitted use or special exception:
•All prohibited land uses and site features listed in subsection (B)(1) of this section, Prohibited Land Uses and Site Features
•Constructed wetland
•Golf course
•Recreation pond
•Retention pond (wet retention)
•Wastewater treatment facility
D. Discretion of the Zoning Administrator. The Zoning Administrator may restrict any additional land use or site feature not listed if it is either a:
1. Noise Sensitive Land Use. A noise sensitive land use that would now or in the future likely be negatively impacted by airport and aircraft operations;
2. Life Safety Risk. A land use where a large number of people gather for events or a large number of people work in a small area which, if an airplane crashed, could injure or kill numerous people; or
3. A Wildlife Attractant. A land use that encourages migratory, raptor, vulture, or other large birds to land, eat, or reside on the subject property, or that attracts wild animals to or toward the airport’s vicinity. [Ord. 12-27-11 § 3.04.]