The purpose of this article is to describe the applicable regulations and requirements for property development within each zoning district, allowed by-right or permitted by conditional use, as specified in Section 05.03 Table of Primary Uses by Zoning District and Section 05.05 Table of Secondary Uses & Structures by Zoning District.
It is the intent of this district to protect existing farmsteads and agricultural land uses while preserving opportunities for future growth.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area
a. Within City Limits: Ten (10) acres
b. Within Planning Area: Twenty (20) acres
2. Minimum Lot Frontage
a. Within City Limits: One-hundred twenty-five (125) feet
b. Within Planning Area: Four-hundred (400) feet
3. Minimum Lot Depth
a. Within City Limits: One-hundred seventy-five (175) feet
b. Within Planning Area: Four-hundred (400) feet
D. Setback Requirements
1. Minimum Front Setback
a. Within City Limits: Thirty (30) feet
b. Within Planning Area: Seventy-five (75) feet
2. Minimum Side Setback
a. Within City Limits: Twenty (20) feet
b. Within Planning Area: Fifty (50) feet
3. Minimum Rear Setback
a. Within City Limits: Thirty (30) feet
b. Within Planning Area: Fifty (50) feet
E. Maximum Lot Coverage: Thirty percent (30%)
F. Maximum Structure Height: Fifty (50) feet, except as these regulations allow for taller structures by exemption, conditional use, or specific use standard per Article 10.
G. Use Limitation: No outdoor storage shall be allowed, except as provided in these regulations for agricultural uses.
H. Supplemental Provisions
1. A-1, A-2, and R-6D zoning districts existing prior to the adoption of these regulations shall be designated A-1 districts upon the effective date of these regulations.
2. No new A-1 districts shall be created after the effective date of these regulations.
3. Existing lots zoned A-1 may be altered in size and configuration, subject to the provisions of these regulations.
It is the intent of this district to protect existing farmsteads while preserving opportunities for low-density single-family residential land uses within the unincorporated Planning Area.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Lot Area
a. Within City Limits: Lots shall be at least one (1) acre, but less than ten (10) acres).
b. Within Planning Area: Lots shall be at least one (1) acre, but less than twenty (20) acres
2. Minimum Lot Frontage
a. Within City Limits: One Hundred Twenty-Five (125) feet
b. Within Planning Area:
i. Unplatted tracts of land subdivided after October 24, 2020: One Hundred Fifty (150) feet
ii. Lots subdivided before October 24, 2020: One Hundred Twenty-Five (125) feet
3. Minimum Lot Depth
a. Within City Limits: One Hundred Seventy-Five (175) feet
b. Within Planning Area:
i. Unplatted tracts of land subdivided after October 24, 2020: Three Hundred (300) feet
ii. Lots subdivided before October 24, 2020: One Hundred Twenty-Five (125) feet
D. Setback Requirements
1. Minimum Front Setback
a. Within City Limits: Thirty (30) feet
b. Within Planning Area:
i. Unplatted tracts of land subdivided after October 24, 2020: Seventy-Five (75) feet
ii. Lots subdivided before October 24, 2020: Thirty (30) feet
2. Minimum Side Setback
a. Within City Limits: Twenty-Five (25) feet
b. Within Planning Area:
i. Unplatted tracts of land subdivided after October 24, 2020: Fifty (50) feet
ii. Lots subdivided before October 24, 2020: Twenty-Five (25) feet
3. Minimum Rear Setback
a. Within City Limits: Twenty-Five (25) feet
b. Within Planning Area:
i. Unplatted tracts of land subdivided after October 24, 2020: Fifty (50) feet
ii. Lots subdivided before October 24, 2020: Thirty (30) feet
E. Maximum Lot Coverage: Forty percent (40%)
F. Maximum Structure Height: Thirty-Five (35) feet, except as these regulations allow for taller structures by exemption, conditional use, or specific use standard per Article 10.
G. Use Limitation: No outdoor storage shall be allowed, except as provided in these regulations for agricultural uses.
H. Supplemental Provisions
1. R-6A, R-6B, and R-6C zoning districts existing prior to the adoption of these regulations shall be designated R-R districts upon the effective date of these regulations.
2. No new R-R districts shall be created within City Limits after the effective date of these regulations.
3. Existing lots zoned R-R may be altered in size and configuration, subject to the provisions of these regulations.
4. Within the Planning Area, driveways shall have a minimum spacing of Two Hundred (200) feet.
It is the intent of this district to provide opportunities for attached and detached single-family residential development and protect the character of residential neighborhoods.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 8,400 square feet
2. Minimum Lot Width: Seventy (70) feet
3. Minimum Lot Depth: One-hundred (100) feet
D. Setback Requirements
1. Minimum Front Setback: Thirty (30) feet
a. 15-feet from streetside yard if a corner lot
2. Minimum Side Setback: Six (6) feet
3. Minimum Rear Setback: Twenty (20) feet except where rear yard abuts a platted reserve that is at least 20 feet wide, then minimum rear yard setback is five (5) feet.
E. Maximum Lot Coverage: Forty percent (40%)
F. Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by exemption, conditional use, or specific use standard per Article 10.
G. Use Limitation: No outdoor storage shall be allowed.
H. Supplemental Provisions:
1. R-1 and R-2 zoning districts existing prior to the adoption of these regulations shall be designated R-1districts upon the effective date of these regulations.
2. R-3 zoning districts with single-family attached or detached residential primary uses shall be designated R-1 districts upon the effective date of these regulations.
3. Developments zoned R-1 shall not be approved within the Planning Area without executing an annexation agreement with the City. No certificates of occupancy shall be issued prior to annexation.
4. No used buildings or structures shall be allowed to be placed or relocated into R-1 zoning districts.
It is the intent of this district to provide flexible opportunities for small lot and ZLL single-family attached and detached development with the character of traditional residential neighborhoods.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 5,000 square feet
2. Maximum Lot Area: 10,000 square feet
3. Minimum Lot Width: Fifty (50) feet
4. Minimum Lot Depth: Ninety (90) feet
D. Setback Requirements
1. Minimum Front Setback: Twenty-five (25) feet
2. Minimum Side Setback: Five (5) feet
3. Minimum Rear Setback: Fifteen (15) feet
E. Maximum Lot Coverage: Sixty percent (60%)
F. Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by exemption, conditional use, or specific use standard per Article 10.
G. Use Limitation: No outdoor storage shall be allowed.
H. Supplemental Provisions:
1. R-1A and R-2A zoning districts existing prior to the adoption of these regulations shall be designated R-2 districts upon the effective date of these regulations.
2. R-3A zoning districts with single-family attached or detached residential primary uses shall be designated R-2 districts upon the effective date of these regulations.
3. Developments zoned R-2 shall not be approved within the Planning Area without executing an annexation agreement with the City. No certificates of occupancy shall be issued prior to annexation.
4. No used buildings or structures shall be allowed to be placed or relocated into R-2 zoning districts.
5. ZLL developments as defined in Section 03.03, shall be subject to the following:
a. ZLL lots must be platted in groups containing at least four (4) contiguous lots. Each group must be in a location meeting one or more of the following conditions:
i. Around a cul-de-sac.
ii. On a local street with R-2 or R-3 zoning on the opposite street frontage.
iii. On a street with multi-family or non-residential zoning on the opposite street frontage.
b. Restrictive covenants shall be required, which shall guarantee:
i. Maintenance provision of fencing/screening materials and common ownership areas.
ii. Access provisions for maintenance of closely-spaced structures.
iii. Other restrictions necessary to implement the overall design concept.
c. No doors, windows or other openings shall be allowed on the wall of the building facing the yard with the least depth. Such walls shall have the same exterior construction materials as the other exterior walls.
d. The Planning Commission may initiate a rezoning application if construction has not commenced as authorized within two (2) years of the zoning approval. The public hearing shall allow the property owner an opportunity to justify the delay, which Planning Commission shall consider in making their recommendation.
It is the intent of this district to provide for various types of multi-family housing and promote opportunities for affordable moderate density residential development.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 6,000 square feet, with a minimum of 2,000 square feet required per dwelling unit
2. Minimum Lot Width: Fifty (50) feet
3. Minimum Lot Depth: One-hundred (100) feet
D. Setback Requirements
1. Minimum Front Setback: Twenty-five (25) feet
2. Minimum Side Setback: Five (5) feet
3. Minimum Rear Setback: Fifteen (15) feet
E. Maximum Lot Coverage: Sixty percent (60%)
F. Maximum Structure Height: Forty-five (45) feet, except as these regulations allow for taller structures by exemption, conditional use, or specific use standard per Article 10.
G. Use Limitations: No outdoor storage shall be allowed.
H. Supplemental Provisions:
1. R-3 and R-3A zoning districts with multi-family residential uses existing prior to the adoption of these regulations shall be designated R-3 districts upon the effective date of these regulations.
2. Developments zoned R-3 shall not be approved within the Planning Area without executing an annexation agreement with the City. No certificates of occupancy shall be issued prior to annexation.
3. No used buildings or structures shall be allowed to be placed or relocated into R-3 zoning districts.
It is the intent of this district to provide opportunities for affordable manufactured housing within contiguous developments of one or more parcels, which are developed into individual lots offered for lease or sale.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Minimum Park Size: Five (5) acres
D. Individual Lot Size Requirements
1. Minimum Lot Area: 5,000 square feet
2. Minimum Lot Width: Fifty (50) feet
3. Minimum Lot Depth: One-hundred (100) feet
E. Individual Lot Yard Requirements
1. Front Yard: Twenty-five (25) feet
2. Street Yard: Fifteen (15) feet
3. Side Yard: Five (5) feet
4. Rear Yard: Five (5) feet
F. Maximum Structure Height: Thirty (30) feet, except as these regulations allow for taller structures by exemption, conditional use, or specific use standard per Article 10.
G. Supplemental Provisions:
1. R-4 zoning districts existing prior to the adoption of these regulations shall continue to be designated R-4 districts upon the effective date of these regulations.
2. No new R-4 districts shall be created within City Limits after the effective date of these regulations.
3. Lots shall be occupied only by manufactured homes as defined in Section 05.02, except for mobile homes occupying lots prior to the effective date of these regulations. Under no circumstances shall individual lots be leased or sold for the occupancy of recreational vehicles without a conditional use permit issued by the Augusta Planning Commission.
4. One of the following means of providing accessory storage structures and carports or garages shall be allowed:
a. Communal Structures: Storage structures or parking structures divided into individual units, which are limited to a number of units equal to the number of developed lots.
b. Communal Areas: Areas where individual storage sheds, carports or garages for the use of residents are aggregated in a contiguous grouping.
c. Per Lot Basis: Individual lots shall be limited to one (1) accessory storage shed and one (1) detached carport or garage, which shall have direct access to an adjacent street.
5. If provided, outdoor storage areas must be developed per Article 10 and must remain under the ownership and control of the park developer/owner or a property owners association.
6. A manufactured home permit shall be required for the placement of a manufactured home on an individual lot.
a. The park developer/owner shall provide a permit information packet to the renter or purchaser of an individual lot at the time of lease or sale.
b. The manufactured home owner shall obtain a permit from the City.
7. No utility connection shall be allowed without first being inspected and approved by the City.
8. Tents or similar type of living quarters are prohibited.
The intent of this district is to provide opportunities for neighborhood-scaled, mixed-use centers and corridors with a range of residential, retail, service, and office uses that are compatible with adjacent development. The principles for this district are to ensure efficient use of land and public services, create a mix of housing and employment opportunities, provide transportation options, enhance neighborhood access to jobs and goods, and ensure compatibility of mixed-use developments with the surrounding areas. These uses are anticipated at intersections of, or along, arterial and collector streets such as Ohio Street, Kelly Avenue, and SW 70th Street.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 5,000 square feet
2. Minimum Lot Width: Fifty (50) feet
3. Minimum Lot Depth: One-hundred (100) feet
D. Setback Requirements
1. Minimum Front Setback: Twenty-five (25) feet
2. Minimum Side Setback: Six (6) feet
3. Minimum Rear Setback: Twenty (20) feet
E. Maximum Lot Coverage: Sixty percent (60%)
F. Maximum Structure Height: Maximum Structure Height: Thirty-five (35) feet, except as these regulations allow for taller structures by exemption, conditional use adjustment, or specific use standard per Article 10.
G. Use Limitations: All business activities, displays, and storage shall occur within fully enclosed structures or screened areas, except as otherwise allowed or approved in accordance with these regulations.
H. Supplemental Provisions
1. Hours of operation of commercial uses shall be limited to 6:00am to 10:00pm daily.
It is the intent of this district to preserve the integrity of the existing Main St. commercial district while providing opportunities within Augusta’s core area for a vibrant mix of land uses developed at a walkable scale and density.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 3,125 square feet
2. Minimum Lot Width: Twenty-five (25) feet
3. Minimum Lot Depth: One-hundred twenty-five (125) feet
D. Setback Requirements
1. Minimum Front Setback: Zero (0) feet
2. Minimum Side Setback: Zero (0) feet
3. Minimum Rear Setback: Twenty (20) feet
E. Maximum Lot Coverage: One-hundred percent (100%), minus applicable yard and off-street parking requirements and requirements as provided in Section 06.09.H.
F. Maximum Structure Height: To be determined by the Building Code, except as these regulations allow for height exemption or specific use standard per Article 10.
G. Use Limitations: No outdoor storage shall be allowed, except as approved in accordance with these regulations.
H. Supplemental Provisions
1. M Main Street zoning districts existing prior to the adoption of these regulations shall be designated C-1 districts upon the effective date of these regulations; subject to the boundaries defined in Section 06.09.H.2.
2. The boundaries of the C-1 district shall be limited to:
North Boundary: Old railroad right-of-way south of U.S. 54 Highway South Boundary: Third Ave.
West Boundary: North-south alley between Walnut St. and State St.
East Boundary: School St. north of and including 413 N School St.; north-south alley between School St. and State St. south of 413 N School St.
3. Lots with residential uses shall provide off-street parking.
4. Residential dwelling units shall be allowed in upper floors only.
5. Sidewalks adjacent to restaurants may be used for outdoor dining, provided:
a. A minimum clear path of six (6) feet shall be maintained.
b. Tables, chairs, etc. shall be removed at the close of business.
6. Curb cuts shall be specifically approved by the Governing Body and shall comply with the following:
a. Existing approaches that remain unused for their intended purpose for a continuous period of one (1) year shall be removed and replaced with standard curbing.
b. The property owner shall be responsible for all costs associated with removal and replacement of any curb cut.
It is the intent of this district to preserve opportunities for commercial uses having a localized market area.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 10,000 square feet
2. Minimum Lot Width: One Hundred (100) feet
3. Minimum Lot Depth: One Hundred (100) feet
D. Setback Requirements
1. Minimum Front Setback: Twenty-Five (25) feet
2. Minimum Side Setback: Five (5) feet
3. Minimum Rear Setback: Fifteen (15) feet
E. Maximum Lot Coverage: One Hundred percent (100%), minus applicable yard and off-street parking requirements.
F. Maximum Structure Height: Thirty-Five (35) feet, except as these regulations allow for taller structures by exemption, conditional use adjustment, or specific use standard per Article 10.
G. Use Limitations: All business activities, displays, and storage shall occur within fully enclosed structures or screened areas, except as otherwise allowed or approved in accordance with these regulations.
It is the intent of this district to provide ample opportunities for moderate-to-heavy intensity commercial land uses and businesses having a regional market area. This is applicable to properties along the Seventh Avenue corridor and the Walnut Street corridor in the city limits, as well as properties in the Planning Area with addresses or frontage along US Hwy 54/400 and US Hwy 77.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 10,000 square feet
2. Minimum Lot Width: One-hundred (100) feet
3. Minimum Lot Depth: One-hundred (100) feet
D. Setback Requirements
1. Minimum Front Setback
a. Within City Limits: Twenty-five (25) feet
b. Within Planning Area: Per Article 16
2. Minimum Side Setback
a. Within City Limits: Five (5) feet
b. Within Planning Area: Per Article 16
3. Minimum Rear Setback
a. Within City Limits: Fifteen (15) feet
b. Within Planning Area: Per Article 16
E. Maximum Lot Coverage: Forty percent (40%)
F. Maximum Structure Height: Forty (40) feet, except as these regulations allow for taller structures by exemption, conditional use adjustment, or specific use standard per Article 10.
G. Use Limitations: All business activities, displays, and storage shall occur within fully enclosed structures or screened areas, except as otherwise allowed or approved in accordance with these regulations.
H. Supplemental Provisions
1. CC Central Commercial zoning districts existing prior to the adoption of these regulations shall be designated C-3 districts upon the adoption of Ordinance No. 2181.
2. The boundaries of the C-3 district shall be limited to lots within the city limits having street frontage on Seventh Avenue or on Walnut Street; or immediately adjacent to such a lot and addressed to either street.
It is the intent of this district to provide opportunities primarily for small to moderate scale manufacturing, assembly, warehousing and freight businesses that are compatible with Augusta’s character and its capacity to provide adequate municipal services.
A. Primary Land Uses: As allowed by-right and permitted by conditional use per Section 05.03.
B. Secondary Uses & Structures: As allowed by-right and permitted by conditional use per Section 05.05.
C. Lot Size Requirements
1. Minimum Lot Area: 10,000 square feet
2. Minimum Lot Width: One-hundred (100) feet
3. Minimum Lot Depth: One-hundred (100) feet
D. Setback Requirements
1. Minimum Front Setback: Twenty-five (25) feet
2. Minimum Side Setback: Five (5) feet
3. Minimum Rear Setback: Fifteen (15) feet
E. Maximum Lot Coverage: Fifty percent (50%)
F. Maximum Structure Height: Forty-five (45) feet, except as these regulations allow for taller structures by exemption, conditional use adjustment, or specific use standard per Article 10.
G. Use Limitations:
1. No individual shall permanently reside on-premise.
2. Outdoor activities, storage or sales occurring on-premise must be associated with a legal primary or secondary use.
3. No dust, noise, odor, vibration or other environmental impacts generated by any use shall be detectable off-premise.
This “floating” district is intended to offer flexibility in tailoring land uses, site design and aesthetic controls when other zoning districts may not provide adequate means to regulate mixed use developments, develop properties with atypical characteristics, maximize compatibility between adjacent land uses, or preserve the character and integrity of unified developments and special areas.
A. Allowable PDO Utilization
PDO zoning shall be allowed for single lot or multiple lot developments of any size, which meet applicable minimum requirements, when the applicant wishes to implement a particular development vision that another zoning district cannot accommodate. This may include:
1. Encouraging a specific combination of mixed land uses.
2. Implementing a specific design aesthetic.
3. Improving compatibility with adjacent properties.
4. Developing properties with atypical physical characteristics.
5. Preserving land use and design compatibility within unified developments, corridors, districts, and special areas with historical significance or environmental sensitivity.
B. PDO District Provisions
1. As an overlay district, PDO zoning shall be used in conjunction with an underlying zoning district, referred to as the base zoning district.
a. PDO zoning may be used in conjunction with any base zoning district, except A-1 and R-R.
b. Requirements of the approved PDO zoning shall be in addition to the base district requirements, except as modified by the PDO zoning.
2. PDO zoning may allow for land uses that differ from the base district, subject to the following provisions.
a. PDO zoning may prohibit any use allowed by-right or by conditional use within the base district.
b. PDO zoning may allow by-right any conditional use of the base district, subject to adequate provisions for land use compatibility between the PDO district and adjacent properties, as approved by City Council.
c. A PDO district shall provide only for such uses allowed by-right within the PDO district. There shall be no provisions for uses requiring subsequent conditional use approval.
3. Bulk Regulations: The following shall apply:
a. Maximum Structure Height: PDO zoning may modify base district requirements for maximum height, provided increases shall not exceed an additional fifteen (15) feet of structure height.
b. Minimum Yard Requirements: PDO zoning may modify base district setback and yard requirements, subject to the following provisions.
i. PDO zoning shall not require setbacks in excess of base district requirements, except in conjunction with C-2, C-3 or I-1 base zoning for business, governmental, institutional, or educational campuses; business, office, or industrial parks; and when otherwise provided by these regulations.
ii. Front Yard Setbacks: May be reduced to zero, provided minimum requirements are consistent for all lots within the PDO district that share the same street frontage.
iii. Side and Rear Yard Setbacks: Shall not be reduced below base district requirements for any lot that shares a side or rear lot line with a lot located outside of the PDO district.
4. Access & Circulation: The following shall apply.
a. Applicants may be required to submit a traffic study to identify possible traffic impacts, subject to review and acceptance by the Zoning Administrator or designated official.
b. Proposed streets shall be designed and laid out consistent with the principles of functional classification hierarchy; and shall meet applicable City design standards.
c. Proposed streets, sidewalks, and pathways shall connect to the City’s transportation network.
d. Offsite transportation improvements may be required as a condition of approval, but only in direct relationship to anticipated impacts of the proposed development.
5. Off-street Parking: The following shall apply.
a. PDO zoning shall not reduce minimum off-street parking below Article 07 requirements.
b. PDO zoning may allow shared or off-premise parking in accordance with Article 07, subject to the following provisions.
i. If required off-street parking is not provided on lots outside of the PDO district, shared parking agreements or deed restrictions shall not be required as specified in Article 07. In such cases, there shall be no revisions or adjustments to an approved PDO district without sufficient off- street parking to meet minimum requirements.
ii. As applicable, where required off-street parking is to be provided on lots outside of the PDO district, execution of shared parking agreements or deed restrictions shall be required. Additionally, execution of shared parking agreements or deed restrictions shall be required prior to the dissolution of any PDO district, if sufficient off-street parking to meet minimum requirements cannot otherwise be provided on any lot affected by such dissolution.
6. Compatibility Buffers: Required compatibility buffers per Article 09 shall apply only to the side and rear yards of lots having a side or rear lot line shared with a lot located outside of the PDO district.
7. Specific Use Standards: PDO zoning shall not provide any land use or structure with an exemption or reduction from applicable specific use standards as found in Article 10.
C. PDO Zoning Approval
Applications for the establishment, revision/adjustment, or dissolution of a PDO zoning district shall be reviewed and approved by the same process as other zoning applications, subject to the following provisions.
1. No PDO application shall be accepted as complete without the appropriate filing fee, Administrative Site Plan, and other required documentation.
2. When a PDO district is proposed in conjunction with a base district rezoning, both requests may be considered jointly during the approval process. However, each shall require a separate application and each shall be approved by separate motion and vote of the Planning Commission and City Council.
3. In additional to typical considerations, enhanced standards shall be utilized in the review of PDO zoning applications. In no case, shall PDO zoning be approved without the Planning Commission and City Council finding that:
a. The proposed PDO district is consistent with the community vision and desired character as expressed in the Comprehensive Plan.
b. The proposed PDO district, in consideration of the allowable land uses, regulations, limitations, and applicable design requirements, will not adversely affect the value or utility of adjacent properties.
4. No application for the revision/adjustment or dissolution of a PDO district shall be approved without each individual lot affected by the action being made compliant with all applicable provisions of these regulations.
5. Time Limits: The following time limits shall apply to PDO approvals, subject to applicable time extensions granted in accordance with these regulations.
a. A PDO district zoning approval shall automatically expire twelve (12) months after the approval date unless all conditions have been met and a Development Site Plan has been approved within that time.
b. A PDO Development Site Plan approval shall automatically expire twelve (12) months after the approval date unless a Building Permit has been issued within that time.
This “floating” district is intended to specify land use controls in addition to those in the underlying zoning district that will ensure compatible relationships with the Augusta Municipal Airport.
A. This overlay district is established to protect against possible airport hazards which endanger the lives and property of users of the Augusta Municipal Airport, and occupants of land in the vicinity of the airport: that an airport hazard may affect existing and future visual and instrument approach minimums of and operations at the airport, and an airport hazard may reduce the size of areas available for the landing, take-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public interest therein.
B. The establishment of the airport hazard overlay district as authorized by K.S.A. 3-703, as amended, the City may extend the coverage of these regulations to airports owned, operated or controlled by the City; privately owned airports within five miles of the official city boundaries if in the opinion of the Commission, the airport utilizes its facilities to provide a service to the public.
C. Definitions
Airport: Any area of land or water designed and set aside for the landing and taking-off of aircraft and any other aeronautical operation. The term includes heliports set aside for the landing and taking-off of rotary wing aircraft.
Airport Elevation: The established airport elevation in feet above mean sea level, of the highest point of the landing area that is used or intended to be used for take-off and landing operations.
Airport Hazard: Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in these regulations, or any use of land near such airports, which obstructs the airspace required for the flight of aircraft in landing or take-off at such airports or is otherwise hazardous to such landing or taking-off aircraft.
Airport Reference Point: A point at the approximate center of the airport landing area, and shown on the Augusta Municipal Airport Hazard Zoning Map.
Approach Surface: A surface longitudinally centered on the extended runway centerline; extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in these regulations.
Board: The Governing Body of the City of Augusta, Kansas.
Building Official: The Assistant City Manager of the City of Augusta, Kansas.
Civilian Airports: Any airports, public or private, that are not owned or operated by the government of the United States and used for military purposes.
Conical Surface: An inclined surface extending upward and outward from the outer periphery of the horizontal surface at a slope of one foot upward for each twenty feet outward for a horizontal distance of four thousand feet.
FAA: The Federal Aviation Administration.
Heliport: An area on land, water or upon a structure set aside and used for the landing and take-off of rotary wing aircraft and in addition facilities may be provided for the fueling, refueling, repair and storage of rotary wing aircraft.
Horizontal Surface: A horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
Grant Assurances: The legal Federal obligations of the Airport Sponsor.
Larger Than Utility Runway: A runway that is constructed for and intended to be used by propeller driven and jet aircraft of greater than twelve thousand five hundred pounds maximum gross weight.
Manager: The manager of the Augusta Municipal Airport.
Nonprecision Instrument Runway: A runway having an existing or planned instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment for which a straight-in, or area type navigation equipment for which a straight-in, nonprecision instrument approach procedure has been approved or planned.
Precision Instrument Runway: A runway having an existing or planned instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR).
Primary Surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway. The width of the primary surface is set forth in these regulations. The elevation of any point on the primary surface is the same as the nearest point on the runway centerline.
Primary Surface – Heliports: An area that coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
Runway: A defined area on an airport prepared for landing and take-off of aircraft along its length.
Transitional Surfaces: The transitional surfaces extended outward at ninety degree angles to runway centerlines and runway centerlines extended, at a slope of one foot upward for each seven feet outward from the sides of the primary and approach surfaces. The transitional surfaces connect the horizontal, conical, primary and approach surfaces. Transitional surfaces for those portions of the approach surfaces, which project beyond the limits of the conical surface, extended a distance of five thousand feet measured horizontally from the edge of the approach surface and at ninety degree angles to the extended runway centerline.
Transitional Surfaces – Heliports: The transitional surfaces extended outward and upward form the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two to one for a distance of two hundred fifty feet measured horizontally from the centerline of the primary and approach surfaces.
Utility Runway: A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.
Visual Runway: A runway intended solely for the operation of aircraft using visual approach procedures.
D. Airport zones and height limits are established from the ultimate plan shown on the most current Airport Layout Plan
1. The established airport elevation is one thousand three hundred twenty-three (1,323) feet.
2. Utility runway visual approach zone
a. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide.
b. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the end of the primary surface of each runway. Its centerline is the continuation of the centerline of the runway.
c. The applicable height limitation slopes one foot upward for each 40 feet outward, beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
3. Runway other than utility with a visibility minimum greater than three-fourths mile nonprecision instrument approach zone (Runways 18 and 36).
a. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide.
b. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the end of the primary surface of each runway. Its centerline is the continuation of the centerline of the runway.
c. The applicable limitation slopes one foot upward for each 40 feet outward, beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the runway centerline.
4. Precision instrument runway approach zone
a. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide.
b. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the end of the primary surface of each runway. Its centerline is the continuation of the centerline of the runway.
c. The applicable height limitation slopes one foot upward for each 50 feet outward, beginning at the end of, and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes one foot upward for each 40 feet outward to an additional horizontal distance of 40,000 feet along the extended runway centerline.
5. Transitional zones
a. The transitional zones are the areas beneath the transitional surfaces.
b. The applicable height limitation slopes one foot upward for each 7 feet outward, beginning at the sides of, and at the same elevation as, the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation.
c. In addition to the foregoing, there are established height limits sloping one foot upward for each 7 feet outward beginning at the side of, and at the same elevation as, the approach surface and extending to where they intersect the conical surface.
d. Where precision instrument runway approach zones project beyond the conical zones, there is established height limits sloping one foot upward for each 7 feet outward beginning at the side of, and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at ninety degree angles to the extended runway centerline.
6. Horizontal zones
a. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet radii for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs.
b. The radii of the arcs for each end of the runway shall be the same and the radius used shall be the longest determined for either end.
c. The applicable height limitation is established at 150 feet above the established airport elevation.
7. Conical zone
a. The conical zone is established at the area that commences at the periphery of the horizontal zone and extends outward for horizontal distance of 4,000 feet.
b. The applicable height limitation slopes one foot upward for each 20 feet outward beginning at the periphery of the horizontal zone and at 150 feet above the established airport elevation and extending to a height of 350 feet above the airport elevation.
E. Spacing adjacent airport
1. No other airport hereafter shall be established, or existing airport be improved with approach guidance equipment so as to enhance instrument flight rule (IFR) capabilities, any portion of whose proposed or existing boundary will be under an airport zone established by these regulations or within a radius of eight miles from an airport referenced point of an airport established on the date of these regulations, unless a permit shall have been applied for and granted by the Butler County Planning Commission in accordance with these regulations
2. Exception to the spacing requirements may be granted by the Planning Commission, after public hearing and recommendation to the Governing Body. The Commission shall consult the FAA and the Butler County Planning Commission before rendering a recommendation.
F. Use restrictions
1. Lighting.
No use may be made of land or water within any zone established by these regulations in such manner as to make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of the pilots using the airports, create smoke, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way, endanger or interfere with the landing, take-off or maneuvering of aircraft intending to use the airport.
a. A shield that reduces the amount of light visible from above and directs the light downward shall be required for all outdoor lights, except those incidental to residential uses.
b. The owner of any existing and future structure or tree to install, operate and maintain at the owner’s expense, such marking and lighting, the standards as found in the most current version of FAA Circular AC-70-7460-1.
G. Conditional Use Permit required
1. Within any zone, a permit shall be required if an FAA Notice of Proposed Construction is required, as described in CFR Title 14 Part 77. The following FAA website shall be used to apply the Part 77 Notice Criteria.
https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm
The permit application shall include the airspace determination received from the FAA.
2. In the area lying within the boundaries of Area A shown on sheet two of the Augusta Municipal Airport Hazard Zoning Map (AMAHZM) a permit shall be required for any structure more than twenty-five feet of vertical height above the ground.
3. In the area lying within the boundaries of Area B on sheet two of the AMAHZM a permit shall be required for any structure more than seventy-five feet of vertical height above the ground.
4. In the area lying within the boundaries of Area C on sheet two of the AMAHZM a permit shall be required for any structure more than 150 feet of vertical height above the ground.
5. In the area lying within the boundaries of Area D on sheet two of the AMAHZM a permit shall be required for any structure more than 300 feet of vertical height above the ground.
H. Augusta Municipal Airport Hazard Zoning Maps
The airport hazard zoning maps are hereby made a part of these regulations and shall be signed by the city clerk and marked with the effective date of these regulations.
In addition to the redesignation of properties and zoning districts as specified in Section 06.02 – Section 06.12, all Public and Private Recreational (PR) zoning districts and Assembly (A) zoning districts existing prior to the adoption of these regulations are hereby dissolved and on the effective date of these regulations shall be redesignated as follows:
A. Public and Private Recreational PR-1, PR-2 and PR-3 zoning districts within the Planning Area shall be redesignated as A-1 zoning districts.
B. Public and Private Recreational PR-1, PR-2 and PR-3 zoning districts within City Limits shall be redesignated as R-1 zoning districts.
C. Assembly A zoning districts shall be redesignated based on location as follows:
1. Those within the area encompassed by the boundaries below shall be redesignated as C-1 zoning districts.
North Boundary: Old railroad right-of-way south of U.S. Hwy 54/400
South Boundary: Third Avenue
West Boundary: North-south alley between Walnut Street and State Street
East Boundary: School Street
2. Those within the city limits having street frontage on Seventh Avenue or on Walnut Street and in the Planning Area with addresses of frontage along US Hwy 54/400 and US Hwy 77 shall be redesignated as the C-3 zoning district.
3. Those in all other locations shall be redesignated as R-1 zoning district.