§ 33-295. Use restrictions.

The Airport Land Use Restriction Area consists of the Accident Potential Zones and the Noise Contour Zones, as generally depicted in Figure 2 below. Full scale maps of the Accident Potential Zones and Noise Contour Zones are on file with the Department and the Homestead Air Reserve Base. The following regulations shall apply within the Airport Land Use Restriction Area.

(a)

Interference. Notwithstanding any other provisions of this article, no use may be made of land within the Airport Land Use Restriction Area in such a manner as to create electrical interference with radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport such as from the release of steam, dust, or smoke, or otherwise endanger the landing, taking-off or maneuvering of aircraft.

(b)

Lighting. All outdoor lighting in the Airport Land Use Restriction Area shall be designed with a maximum height of 35 feet. Shielding shall be provided to prevent light from projecting upward. Any vertical or horizontal overspill of lighting onto adjacent properties shall not exceed one-half foot-candle. Internally illuminated signage shall be prohibited.

(c)

Prohibition on certain buildings of public assembly. Schools, hospitals, barracks, apartment buildings, and religious facilities or other buildings of public assembly are prohibited in the Accident Potential Zones and within the 75 db DNL and greater Noise Contour Zones.

(d)

Setbacks and floor area ratios. Setbacks and Floor Area Ratios within the Airport Land Use Restriction Area shall be in accordance with the applicable zoning district.

(e)

Certain residential uses in Noise Contour Zones prohibited. Residential uses in excess of 1 dwelling unit per 5 acres are prohibited in the 75 dB DNL and greater Noise Contour Zones. All new uses within the 65 dB DNL and greater Noise Contour Zones shall incorporate at least a 25 decibel outdoor-to-indoor Noise Level Reduction (NLR) into the design and construction of the structure.

(f)

Landfills. Effective January 1, 2017, landfills shall be prohibited within 10,000 feet of the nearest point of the airport runway.

(g)

Zoning applications. The Director or equivalent municipal official shall transmit all zoning applications subject to this chapter and pertaining to land located within the Airport Land Use Restriction Area to HARB for review and comment. To allow for timely processing of applications, HARB shall have 21 days following the transmittal of applications to submit comments to the Director or municipal official, unless the Director or municipal official authorizes a greater review period. Failure to receive comments from HARB staff within the prescribed time period shall not preclude the County or municipality from taking action on the zoning application.

Figure 2: Airport Land Use Restriction Area

(Ord. No. 68-33, § 1, 5-21-68; Ord. No. 17-06, § 2, 1-24-17)