Secondary and Cumulative Impacts Master Management Plan - 2014

Article 3: Zoning Districts Section 3.8. Overlay Districts 3.8.2. Airport Overlay (AO) Districts

C. Modifications of Otherwise Applicable Standards 1. Uses Prohibited in Airport Overlay-A (AO-A) District 143

Irrespective of the use standards applicable in the underlying base, conditional, or planned development district, or in any other applicable overlay district, certain uses shall be prohibited in the Airport Overlay-A (AO-A) District, as indicated in the use tables in Article 4: Use Standards. 2. Underground Storage of Hazardous Chemicals and Substances In the Airport Overlay-A District or Airport Overlay-B District, permanent or long-term storage of significant qualities of highly explosive, flammable, toxic, corrosive, or otherwise hazardous liquids, gases, chemicals, or other hazardous substances shall be located underground to reduce the hazardous consequences from an airplane crash. 3. Structure Height 144 The height of any structure in the Airport Overlay-A District or Airport Overlay-B District shall not exceed that which constitutes an obstruction to air navigation, navigational aids, or navigational facilities under standards of the Federal Aviation Administration (FAA) in 14 CFR Part 77, Subpart C, as applied to the area around Raleigh-Durham International Airport, unless the FAA determines no substantial obstruction exists in accordance with 14 CFR Part 77, Subpart D. Documentation of compliance with this requirement may be required for any structure or structural alteration that extends more than 50 feet above ground level. 4. Outdoor Lighting 145 a. Outdoor lighting in the Airport Overlay-A District or Airport Overlay-B District shall be shielded to minimize direct skyward glare from the light source and otherwise located and designed to avoid producing light emissions—whether direct or indirect (reflective) of such intensity and directed in such directions as to impair pilot visibility or otherwise interfere with the safe operation of overhead aircraft. b. Lighting of towers, tall buildings, and other potential obstructions to air navigation shall include warning lighting that complies with FAA standards in Advisory Circular 70/7460-1 (Obstruction Marking and Lighting). 5. Electronic Interference 146 No use, development, or activity in the Airport Overlay-A District or Airport Overlay-B District shall produce electronic emissions that interfere with navigation signals or radio communications between aircraft and landing control facilities or with aircraft navigational or communication equipment. 143 Part B, Article III, Section 1.2.A (Subdistrict A, Prohibited Uses) of the current Zoning Ordinance lists a number of uses prohibited in Subdistrict A. Those uses, modified to correspond to the uses as listed in the use tables and to add municipal solid waste landfills (which attract substantial numbers of birds, posing a threat of interference with overhead aircraft) are shown as prohibited in Article 4’s use tables. 144 Part C, Article III, Section 1.7 (Documentation) of the current Zoning Ordinance prohibits any building permit for a structure whose height exceeds applicable restrictions of RDU and the FAA. RDU has no height restrictions applicable outside the airport property and in the Town’s jurisdiction and the FAA does not actually apply any height restrictions. It only establishes notice requirements, complex standards for determining what constitutes an obstruction to air navigation or navigational aids or facilities, and a procedure whereby a person may use studies to show no substantial obstruction exists despite the standards. This subsection modifies the current wording to specifically prohibit structure heights that would qualify as an obstruction under FAA determination rules. 145 This modifies the provisions in Part C, Article III, Section 1.3 (Lighting) to more specifically prohibit lighting that would constitute hazard to air navigation and specifically require compliance with FAA obstruction lighting guidelines. 146 This is a new provision generally prohibiting electronic interface with safe navigation.

June 2013 Page 3-70

Morrisville, NC

Unified Development Ordinance - Public Hearing Draft