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Res 190-94 12/6/1994RESOLUTION NO. (10 q`t A RESOLUTION ACCEPTING A FINAL REPORT FROM THE AIRPORT ZONING BOARD CONCERNING THE NECESSITY OF AMENDING ARTICLE II, SECTIONS 3-16 THROUGH 3-36 OF THE CODE OF ORDINANCES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS,the Airport Zoning Board has submitted a Final Report to the City Council of Wichita Falls, Texas as required by Chapter 241 of the Local Government Code; and WHEREAS, the City Council accepts said report regarding amending Article II, Sections 3-16 through 3-36 of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Council accepts the Final Report of the Airport Zoning Board as shown in Exhibit 1. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 6th day of December, 1994. MAYOR ATTEST: CrL 0)01/ CI LERK PAGE 7 OF 25 PAGES AGENDA ITEM NO.5A EXHIBIT 1 THE FINDINGS OF THE AIRPORT ZONING BOARD November 9, 1994 WHEREAS, Sheppard Air Force Base/Wichita Falls Municipal Airport is a valuable asset to the City of Wichita Falls, Wichita County, and surrounding communities, cities,towns and counties; WHEREAS, the continued economic viability of the City of Wichita Falls, surrounding cities and towns, Wichita County and surrounding counties is dependent upon the continued operation and expansion potential of Sheppard Air Force Base/Wichita Falls Municipal Airport; WHEREAS, an Air Installation Compatible Use Zone (AICUZ) study is intended to promote the health, safety and general welfare of those proposing to live or work within the study area, to those already living or working within the study area, and to those employed by Sheppard Air Force Base/Wichita Falls Municipal Airport, and to make recommendations as to suggested amendments to ordinances of a municipality; WHEREAS, a city has an option on whether or not to adopt recommendations contained in an AICUZ study; WHEREAS, in order to secure the continued economic viability and expansion possibilities of Sheppard Air Force Base/Wichita Falls Municipal Airport it is necessary to adopt regulations relative to the promotion of the health, safety and general welfare of those proposing to live or work within the study area, to those already living or working within the study area, and to those employed by Sheppard Air Force Base/Wichita Falls Municipal Airport; WHEREAS, adopted regulations are based on recommendations contained in an AICUZ study, and which are incorporated into the AICUZ study for Sheppard Air Force Base/Wichita Falls Municipal Airport, and are reasonable in their effect upon land uses; and WHEREAS, those regulations based on recommendations contained in an AICUZ study require enforcement by the City of Wichita Falls; WHEREAS,the Preliminary Report was available for Public Comment as required by Chapter 241 of the Local Government Code; and WHEREAS,these finding form a part of the required Preliminary Report; NOW, THEREFORE THE AIRPORT ZONING BOARD recommends that the City Council accept the above findings as included in the Preliminary Report, and accept these findings as a Final Report as amended from the Preliminary Report and further shown in Attachment A herein. Chairman, Ai .ort Zoning Board 2 7Datedthisthe day all of r 1994 ATTACHMENT A 6400 AIRPORT ZONING 6405 PURPOSE The purpose of the Airport Zoning provision is to ensure protection of the utility of Sheppard Air Force Base/Wichita Falls Municipal Airport and the public investment by the regulation of land uses in the vicinity of Sheppard Air Force Base/Wichita Falls Municipal Airport where it has been determined that Sheppard Air Force Base is an essential part of the City and surrounding cities and counties. It is also the purpose of this provision to protect the health, safety, and general welfare of the public where it is recognized that obstructions, aircraft accidents, and excessive noise have the potential for endangering or harming the lives and/or property of users or occupants of land in the vicinity of Sheppard Air Force Base/Wichita Falls Municipal Airport 6410 APPLICABILITY Airport Zoning regulations shall apply to all of the incorporated areas of the City of Wichita Falls and its extraterritorial jurisdiction which are located within a Accident Potential Zone,Noise Zone or Height Restriction Zone as described herein. The use of all land and any buildings or structures located upon the land, and the height, construction, reconstruction, alteration, expansion or relocation of any building or structure upon the land shall conform to all regulations applicable to this section. No land, building, structure or premise shall be constructed and/or used for any purpose or in any manner other than is permitted in this section. The Airport Zoning regulation shall be in accordance with prescribed regulations contained in Chapter 241 of the Local Government Code. 6415 AIRPORT ZONING BOARD An Airport Zoning Board shall be appointed consisting of members comprised of both residents of the City of Wichita Falls, and residents located outside of the City but within the area affected by this ordinance, whose actions and procedures shall be in accordance with provisions set forth in Chapter 241 of the Local Government Code as amended. 6420 PERMITTED USES Refer to the Land Use Compatibility Table included herein for permitted, controlled, and prohibited land uses in accordance with the latest AICUZ study for Sheppard Air Force Base. 6425 DEFINITIONS For the purpose of this provision, the following definitions shall apply to the interpretation of Section 5800: AICUZ - Air Installation Compatible Use Zone. Accident Potential Zone I (APZ I) - An area of accident potential and noise located beyond the Clear Zone of each runway. PAGE 9 OF 25 PAGES AGENDA ITEM NO.5A Accident Potential Zone II (APZ II) =An area of accident potential and noise located beyond APZ I of each runway. Airport- Means the Sheppard Air Force Base/Wichita Falls Municipal Airport. Airport Elevation- Means the established elevation of the highest point on the usable landing area measured in feet from mean sea level. This elevation has been established at the Sheppard Air Force Base/Wichita Falls Municipal Airport as 1,015 feet above mean sea level. Airport Hazard- Means any structure or use of land which obstructs the airspace required for the flights of aircraft or which obstructs or interferes with the control or tracking and/or data acquisition in the landing,taking off or flight at an airport or at any installation or facility relating to flight and tracking and/or data acquisition of the flight craft; or which is hazardous, interfering with, or obstructing such landing, taking off or flight of aircraft; or which is hazardous to or interferes with tracking and/or data acquisition pertaining to flight and flight vehicles. Airport Hazard Area- Means any area of land or water upon which an airport hazard might be established if not prevented as provided herein. Centerline - means a line extending through the midpoint of each end of a runway. Compatible Land Use - Includes any use of land adjacent to an airport that will protect the owners, occupants or users of the land from levels of noise or vibrations created by the operations of the airport, including the taking off and landing of aircraft, that may endanger the health, safety or welfare of the owners, occupants or users of the land and protect airport users from airport hazards. Hazard to Air Navigation- An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace. Height- For the purpose of determining the height limits in all zones set forth in this provision and shown in the AICUZ study, the datum shall be mean sea level elevation unless otherwise specified. Instrument Runway - Means existing or planned runway(s) of at least four thousand(4,000) feet for which there is or is planned to be an instrument landing procedure published by a defense agency of the federal government or by the Federal Aviation Administration. Landing Area- Means the surface area of the airport used for landing, take-off or taxiing of aircraft. Nonconforming Use - Any structure or use of land which was inconsistent with these provisions on October 31, 1982. Obstruction- Any structure or other object, including a mobile object, which exceeds a limiting height set forth in this provision. Person- Means an individual, firm, partnership, corporation, company, association,joint stock association or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative. PAGE 10 OF 25 PAGES AGENDA ITEM NO.5A Primary Surface - These surfaces are set established herein. (The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.) Runway - A defined area on an airport prepared for landing and take-off of aircraft along its length. Structure - An object, including a mobile object, constructed or installed by man, including, but not limited to buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines. 6430 ACCIDENT POTENTIAL ZONES Accident Potential Zones are established within the area of the Sheppard Air Force Base/Wichita Falls Municipal Airport for the purpose of regulating the development of areas which possess an accident potential hazard so as to promote compatibility between the airport and the surrounding land uses, protect the airport from incompatible encroachment, and promote the health, safety and general welfare of property users. A. Zone Boundaries. The boundaries of said zones are established as shown on the map included in the latest AICUZ study for Sheppard Air Force Base. Accident Potential Zones are located beyond the Clear Zone at the end of the runways and are: 1. For runway 17/35, Accident Potential Zones I and II shall be one thousand(1,000) feet wide and two thousand five hundred(2,500) feet long. 2. For runways 15R/C/L and 33L/C/R, Accident Potential Zone I (APZ I) shall be three thousand (3,000) feet wide and five thousand(5,000) feet long; Accident Potential Zone II (APZ II) shall be three thousand (3,000) feet wide and seven thousand(7,000) long. B. Compatible Uses. Compatible uses within each Accident Potential Zone are established as shown in the latest AICUZ study for Sheppard Air Force Base. Only compatible uses will be allowed. 6435 NOISE ZONES For the purpose of regulating the development of areas which possess a noise hazard to certain land uses, so as to promote compatibility between the airport and the surrounding land uses,protect the airport from incompatible encroachment, and promote and protect the health, safety and general welfare of property users,Noise Zones are established within the area of the Sheppard Air Force Base/Wichita Falls Municipal Airport. A. Zone Boundaries. The boundaries of said zones are established as shown on the map included in the latest AICUZ study for Sheppard Air Force Base. Noise Zones are located within the 65db or greater noise contour as shown in the latest AICUZ study for Sheppard Air Force Base: B. Compatible Uses. Compatible uses within the Noise Zone are established as shown in the latest AICUZ study for Sheppard Air Force Base. Only compatible uses will be allowed. 6440 HEIGHT RESTRICTION ZONES In order to carry out the provisions included herein as it pertains to height restrictions, there are established certain height restriction zones which include all of the land lying beneath the Approach- Departure Clearance Surface, Inner Horizontal Surface, Conical Surface, Outer Horizontal Surface, and PAGE 11 OF 25 PAGES AGENDA ITEM NO.5A Transitional Surface as they apply to Sheppard Air Force Base/Wichita Falls Municipal Airport. Such zones and height restrictions are shown in the most recent AICUZ study of Sheppard Air Force Base. The various zones are established and defined as follows: A. Zones Related to Runways 1. Primary Zone (A Zone). All of the land area lying beneath a Primary Surface, which is a surface on the ground centered lengthwise of the runway and extending two hundred 200) feet beyond each end of that runway. The width of the primary surfaces are: a.For runway 17/35, one thousand (1,000) feet. b. For runways 15R/33L, 15C/33C, and 15L/33R, two thousand(2,000) feet. No structure is permitted within the Primary Zone (A Zone) as described herein. 2.Clear Zone (B Zone). All of the land area lying beneath a Clear Zone Surface, which is a surface on the ground beginning at the runway end and symmetrical with the runway centerline extended. The width and length of the clear zone surfaces are: a.For runway 17/35, one thousand(1,000) feet wide and three thousand(3,000) feet long. b. For runways 15R/33L, 15C/33C, and 15L/33R, three thousand(3,000) feet wide and three thousand(3,000) feet long. 3. Approach-Departure Clearance Zone (C & D Zones). All of the land area lying under an Approach-Departure Clearance Surface, which is an inclined plane or combination inclined and horizontal plane, symmetrical about the runway centerline extended. The inclined plane flares outward and upward from the primary surface, having the same width as the primary surface, and begins with the centerline elevation of the runway end. The slope ratio and dimensions of the inclined planes, (C ZONE) and dimensions of the horizontal planes, (D ZONE) are as follow: a.Runway 17/35, one (1) foot in height for each forty (40) feet in horizontal distance beginning at the end of the primary surface centerline elevation of the runway end. The runway end centerline elevation is 1,015 MSL feet for Runway 35. The surface extends to a point ten thousand(10,000) feet from the end of the primary surface with an outer width of two thousand five hundred(2,500) feet. Runway 17 does not have an Approach Surface and Runway 35 does not have a Departure Surface. b. Runway 15R/33L, one (1) foot in height for each fifty (50) feet in horizontal distance beginning at the end of the primary surfaces and at the centerline elevation of the runway end. The runway end centerline elevation is 998 MSL feet for runway 15R and 1,000 MSL feet for 33L. The surfaces extend until they reach an elevation of 500 feet above established airfield elevation(1,515 MSL). They then continue horizontally at this elevation to a point fifty thousand 50,000) feet from the point of beginning. The outer width is sixteen thousand 16,000) feet. c.Runway 15C/33C (formerly 15L/33R), one (1) foot in height for each fifty (50) feet in horizontal distance beginning at the end of the primary surfaces and at the centerline elevation of the runway end. The runway end centerline elevation is 1,003 MSL feet for Runway 15C and 989 MSL feet for Runway 33R. The PAGE 12 OF 25 PAGES AGENDA ITEM NO.5A surfaces extend until they reach an elevation of 500 feet above established airport elevation(1,515 MSL). They then continue horizontally at this elevation to a point fifty thousand(50,000) feet from the point of beginning. The outer width is sixteen thousand(16,000) feet. d. Runway 15L/33R, one (1) foot in height for each fifty(50) feet in horizontal distance beginning at the end of the primary surface centerline elevation of the runway end. The runway end centerline is 1,021 MSL feet for runway 15L and 996.9 MSL for runway 33R. The surfaces extend until they reach an elevation of 500 feet above established airport elevation(1,515 MSL). They then continue horizontally at this elevation to a point fifty thousand(50,000) feet from the point of beginning. The outer width is sixteen thousand (16,000) feet. B. Zones Related to Airport Reference Points. 1. Inner Horizontal Zone (E ZONE). All of the land lying beneath the Inner Horizontal Surface, which is an oval-shaped plane at a height of one hundred fifty(150) feet above the established airfield elevation(1,165 MSL). It is constructed by scribing an arc with a radius of seven thousand five hundred(7,500) feet about the centerline at each end of each runway and interconnecting these arcs with tangents. 2.Conical Zone (F ZONE). All of the land area lying beneath the Conical Surface, which is an inclined plane that extends from the periphery of the inner horizontal surface outward and upward at a slope of twenty(20)to one (1) for a horizontal distance of seven thousand(7,000) feet to a height of five hundred(500) feet above the established airfield elevation(1,515 MSL). 3.Outer Horizontal Zone (G ZONE). All of the land area lying beneath the Outer Horizontal Surface, which is an oval-shaped plane located 500 feet above the established airport elevation(1,515 MSL), extending outward from the outer periphery of the conical surface for a horizontal distance of thirty thousand(30,000) feet. 4. Transitional Zone (H ZONE). All of the land area lying beneath a Transitional Surface, which are inclined planes that connect the primary surface and the approach-departure clearance surfaces to the inner horizontal surface, conical surface, outer horizontal, or other transitional surfaces. The slope is one (1) foot in height for each seven(7) feet in horizontal distance outward and upward at right angles to the runway centerline and runway centerline extended. To determine the elevation for the beginning of the transitional surface slope at any point along the lateral boundary of the primary surface, draw a line from the point, perpendicular to the runway centerline or to the runway centerline extended. The elevation of the runway or the runway centerline extended at that intersection is the elevation for the beginning of the 7 to 1 slope. The elevation of the point is the distance minus one-half(1/2) the width of the primary surface and divided by seven(7). Except as otherwise provided in this provision, no structure or obstruction shall be erected, altered or maintained in any zone created by this provision to a height in excess of the applicable height of the surface used to describe such zone. 6445 ADDITIONAL USE RESTRICTIONS Notwithstanding any other provisions, no use shall be made of land within any zone established herein in such a manner as to create electrical interference with navigational signals or radio communication PAGE 13 OF 25 PAGES AGENDA ITEM NO.5A 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, create bird strike hazards, or otherwise endanger or interfere with the safe landing, taking off or maneuvering of aircraft intending to use the airport. 6450 NONCONFORMING USES A. Regulations not Retroactive. The regulations prescribed by this provision shall not be construed to require changes in land use or the removal, lowering or other change or alteration of any structure established prior to the regulation as of October 31, 1982 or otherwise interfere with the continuance of any nonconforming use. B. Marking and Lighting. Notwithstanding the preceding provision of this provision, the owner of any nonconforming structure is hereby required to permit the installation, operation and maintenance thereon of such markers and lighting as shall be deemed necessary by Sheppard Air Force Base and/or Wichita Falls Municipal Airport to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the City of Wichita Falls and/or Sheppard Air Force Base. C. Reconstruction. Any nonconforming use which is damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be reconstructed and used as it was before such happening. 6455 PERMITS A. New Construction. A permit shall be required to construct a structure in any Accident Potential Zone,Noise Zone, or Height Restriction Zone established by this provision as specifically provided herein. Each application for a permit shall indicate the location, height, and if applicable, use of the structure, with sufficient particularity to enable it to be determined whether the resulting structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved in accordance with Subsection C of this section. 1. In the limits of the Accident Potential Zones(APZ I & II), a permit shall be required for any structure. Such permits shall be issued when the proposed use of the structure is permitted, and the vertical height of the structure above the ground does not exceed the height limits prescribed herein. a) In the area lying inside the Accident Potential Zones(APZ I & II), a permit shall be required for any use or structure. Such permits shall be issued when the vertical height of the structure, above the ground, does not exceed the height limits prescribed herein and is found to be a compatible use as defined herein. b) In the area lying outside the Accident Potential Zones (APZ I & II) and within a height restriction zone, a permit shall be required for any use or structure. Such permits shall be issued when the vertical height of the structure, above the ground, does not exceed the height limits prescribed herein and is found to be a compatible use as defined herein. 2. In the area within the 65db or greater noise contour as shown in the latest AICUZ study, a permit shall be required for any use or structure as identified in the Land Use PAGE 14 OF 25 PAGES AGENDA ITEM NO.5A Compatibility Table included herein as requiring noise attenuation. Such permits shall be issued when the Building Official has approved noise attenuation measures on those uses requiring attenuation as identified herein. No Certificate of Occupancy(CO) shall be issued for commercial properties until such time compliance is realized through inspection and approval by the Building Official for compliance with noise attenuation measures as required herein. For residential land uses required to attenuate, no water sales by the City or appropriate water districts or supply corporations shall be permitted until compliance is realized through inspection and approval of the Building Official. Noise attenuation measures as required herein, and as approved by the Building Official, shall be installed and maintained at the same level of attenuation as required by this provision. B. Existing Uses. 1. No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use or structure to be made higher or become a greater hazard to air navigation, than it was on the effective date of this ordinance. 2. No permit shall be granted that would allow the expansion of a use not herein permitted within the Noise Zone unless said use adheres to attenuation measures as required. C. Variances. Any person desiring to erect or increase the height of any structure, or use his property contrary to the regulations prescribed in this provision may apply to the Board of Adjustment for a variance from such regulations in question. The application for variance from a height restriction shall be accompanied by a determination from the Federal Aviation effect of the proposal on the operation of air navigation facilities andAdministrationastotheegpPP the safe, efficient use of navigable airspace. A variance request shall be processed in accordance with Section 7300 of this ordinance. D. Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable by the Director of Community Development or his designee or the Board of Adjustment to effectuate the purposes of this provision and is reasonable under the circumstances, be so conditioned as to require the owner of the structure in question to install, operate and maintain, at their expense, such markings and lights as may be necessary. 6460 ENFORCEMENT It shall be the duty of the Director of Community Development or his designee to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the Director of Community Development or his designee. Applications required by this provision to be submitted to the Director of Community Development or his designee shall be promptly considered and granted or denied by him. In the event that the Director of Community Development or his designee refuses to grant the application, the applicant may appeal such decision to the Board of Adjustment. Applications for variances shall be made to the Board of Adjustment by first filing said application for variance with the Director of Community Development or his designee who shall forthwith transmit said application to the Board of Adjustment for determination. PAGE 15 OF 25 PAGES AGENDA ITEM NO.5A 6465 AIRPORT BOARD OF ADJUSTMENT An Airport Board of Adjustment shall be appointed consisting of five members comprised of both residents of the City of Wichita Falls, and residents located outside of the City but within the area affected by this ordinance, whose actions and procedures shall be in accordance with provisions set forth in Chapter 241.032 of the Local Government Code as amended. 6470 PAYMENT OF COMPENSATION A. If a property owner alleges that the adoption o f th is ordinance or amendments to this ordinance has resulted in a constitutional taking of his property, and this cannot be cured by the granting of a variance, he may file with the City an application for payment by the City to him of the compensable amount which the reasonable fair market value of his property has been diminished by the adoption of this ordinance. Such application shall be accompanied by some evidence of this diminution, and it shall be heard and considered by the Board of Adjustment. At the hearing, the applicant shall present evidence showing the reasonable cash market value of his property prior to the adoption of this ordinance. The City Attorney may also offer evidence as to the reasonable cash market value of the property before and after the adoption of the ordinance or amendments to this ordinance. B. After the hearing,the Board of Adjustment shall make specific findings as to the reasonable cash market value of the property before and after the adoption of the ordinance, and whether or not a reduction in value, if any, was due to the restrictions imposed by the ordinance or amendments to this ordinance. C. The Board of Adjustment shall forward the application and its findings to the City Council together with its recommendations concerning payment of compensation to the application by the City. The City Council shall consider the recommendations and findings of the Board of Adjustment, and may also consider the evidence presented to the Board of Adjustment. In addition, if it so desires, the City Council may hear further evidence concerning the application. The City Council can consider the application as an offer to sell to the City such air right, aviation easement or other interest in the property as may be necessary to effectuate the purpose of this ordinance or amendments to this ordinance. D. If the City Council makes a determination that the adoption of this ordinance or amendments to this ordinance has resulted in a constitutional taking of the applicant's property and that it has resulted in a compensable reduction in the actual cash market value of the applicant's property, the City shall pay such amount to the applicant as full payment for all damages to applicant caused by the adoption of the ordinance or amendments to this ordinance, and applicant shall release all damages and convey to City such air right, aviation easement or other estate or interest in the property as may be necessary to hold the City harmless from any future damages. E. If the applicant is dissatisfied with the action of the City Council, he shall have the right to judicial review provided for in Article 46e-11 of the Revised Civil Statutes of Texas. PAGE 16 OF 25 PAGES AGENDA ITEM NO.5A 6475 JUDICIAL REVIEW Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to a court of competent jurisdiction, as provided by the Airport Zoning Act, as amended, Tex. Rev. Civ. Stat. Ann., Art. 46e-11. 6480 ENFORCEMENT AND REMEDIES The City Attorney may institute in any Court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of this ordinance or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by the Airport Zoning Act, as amended, Tx. Rev. Civ. Stat. Ann., Art. 46e-11. PAGE 17 OF 25 PAGES AGENDA ITEM NO.5A 6485 LAND USE COMPATIBILITY TABLE CLEAR APZ APZ 65-70 70-75 75-80 80+ LAND USE ZONE I II RESIDENTIAL Single-Family Detached N N Y1 A11 B 1 1 N N Single-Family Attached N N N All B11 N N Duplex N N N A11 B11 N N Apartments N N N A11 B11 N N Group Quarters N N N Alll B 11 N N Hotels/Motels N N N A11 B11 N N Mobile/Manufactured Homes N N N N N N N Other Residential N N Ni All B11 N N MANUFACTURING Food and Kindred Products N N2 Y Y Y12 Y13 Y14 Textile Mill Products N N2 Y Y Y12 Y13 Y14 Apparel and Similar Products N N N2 Y Y12 1'13 Y14 Lumber and Wood Products N Y2 Y Y Y12 Y13 Y14 Furniture and Fixtures N Y2 Y Y Y12 Y13 Y14 Paper and Allied Products N Y2 Y Y Y12 Y13 Y14 Printing,Publishing and allied N Y2 Y Y Y12 Y13 Y14 industries Chemicals and Allied Products N N N2 Y Y12 Y13 Y14 Petroleum Refining and related N N Y Y Y12 Y13 Y14 industry Rubber and Plastic N N2 N2 Y Y12 Y13 Y14 Stone,Clay and Glass Products N N2 Y Y Y12 1'13 Y14 Primary Metal Industry N N2 Y Y Y12 1'13 1'14 Fabricated Metal Products N N2 Y Y Y12 Y13 Y14 Controlling,and Optical N N N2 Y A B N Instruments PAGE 18 OF 25 PAGES AGENDA ITEM NO.5A ACCIDENT POTENTIAL NOISE ZONES (db) ZONES CLEAR APZ APZ 65-70 70-75 75-80 80+ LAND USE ZONE I II Watches,Clocks and related N N N2 Y A B N industry Miscellaneous Manufacturing N Y2 Y2 Y Y12 Y13 Y14 TRANSPORTATION, COMMUNICATION AND UTILITIES Railroad and Transit N3 Y4 Y Y Y12 Y13 Y14 Motor Vehicle Transport N3 Y Y Y Y12 Y13 Y14 Aircraft Transportation N3 Y4 Y Y Y12 Y13 Y14 Streets and Highways N3 Y Y Y Y12 Y13 Y14 Automobile Parking N3 Y4 Y Y Y12 Y13 Y14 Communications N3 Y4 Y Y A15 B15 N Utilities N3 Y4 Y Y Y Y12 Y13 Other Transportation, N3 Y4 Y Y A15 B15 N Communications and Utilities TRADE Wholesale N Y2 Y Y Y12 Y13 Y14 Retail building materials, N Y2 Y Y Y12 Y13 Y14 hardware,and farm equip. Retail,General Merchandise N N2 Y2 Y A B N Retail,Food N N2 Y2 Y A B N Retail,Automotive,Marine,N Y2 Y2 Y A B N Aircraft and Access. Retail,Furniture,Home N N2 Y2 Y A B N Furnishings and Equipment Retail,Eating and Drinking N N N2 Y A B N Establishments Retail,Other N N2 Y2 Y A B N PAGE 19 OF 25 PAGES AGENDA ITEM NO.5A ACCIDENT POTENTIAL NOISE ZONES (db) ZONES CLEAR APZ APZ 65-70 70-75 75-80 80+ LAND USE ZONE I II SERVICES Finance,Insurance and real estate N N Y6 Y A B N Personal Services N N Y6 Y A B N Cemetery N Y7 Y7 Y Y12 Y13 Y14,21 Business Services N Y8 Y8 Y A B N Repair Services N Y2 Y Y Y12 Y13 Y14 Professional Services N N Y6 Y A B N Hospitals,Nursing Homes N N N As B. N N Other Medical N N N Y A B N Contract Construction Services N Y6 Y Y A B N Governmental Services N N Y6 Y. A. B. N Educational Services N N N As B. N N Miscellaneous Services N N2 Y2 Y A B N CULTURAL, ENTERTAINMENT, AND RECREATIONAL Cultural Activities N N N2 As B. N N Churches N N N2 As B. N N Nature Exhibits N Y2 Y Y. N N N Public Assembly N N N Y N N N Auditoriums,Concert Halls N N N A B N N Outdoor Music Shell,Amphitheater N N N N N N N Outdoor Sports Arena N N N Y17 Y17 N N Amusements N N Yg Y Y N N Recreational Activities(including N N Y Y. As B. N golf,stables,and water sports) Resorts and Group Camps N N N Y. Y. N N Parks N Y8 Yg Y. Y. N N Other Cultural,Entertainment and N Y9 Y9 Y. Y. N N Recreation PAGE 20 OF 25 PAGES AGENDA ITEM NO.5A ACCIDENT POTENTIAL NOISE ZONES (db) ZONES CLEAR APZ APZ 65-70 70-75 75-80 80+ LAND USE ZONE I II RESOURCES PRODUCTION AND EXTRACTION Agricultural,except livestock Y16 Y Y Y18 Y19 Y20 Y20,21 Livestock Farming and Animal N Y Y Y18 Y19 Y20 Y20,21 Breeding Agricultural related activities N Y5 Y Y18 Y19 N N Fishing and related activities N5 Y5 Y Y Y Y Y Mining and related activities N Y5 Y Y Y Y Y Other resource production and N Y5 Y Y Y Y Y extraction LEGEND Y (Yes) Land use and related structures are compatible without restriction. N (No) Land use and related structures are not compatible and shall be prohibited. YX(yes with restrictions) Land use and related structures generally compatible; see notes 1 through 21. NX (no with exceptions) See notes 1 through 21. NLR(Noise Level Reduction) NLR(outdoor to indoor) to be achieved through incorporation of noise attenuation measures into the design and construction of the structures. A, B, or C Land use and related structures generally compatible; measures to achieve NLR for A (DNL 66- 70), B (DNL 71-75), C (DNL 76-80), need to be incorporated into the design and construction of structures and approved by the Building Official. AX, BX, and CX Land use generally compatible with NLR. However, measures to achieve an overall noise level reduction do not necessarily solve noise difficulties and additional evaluation is warranted. See appropriate footnotes. The designation of these uses as "compatible" in this zone reflects individual federal agencies' and program considerations of general cost and feasibility factors, as well as past community experiences and program objectives. The Airport Zoning Board shall review request and be responsible for issuing necessary permits based on its findings. PAGE 21 OF 25 PAGES AGENDA ITEM NO.5A NOTES 1. Maximum density of 2 dwelling units per acre or lot coverage less than 20 percent, whichever is greater. 2. Within each land use category, uses exist where further definition may be needed due to the variation of densities in people and structures. (See Attachment A included herein) 3. No buildings, structures or above-ground utilities shall be placed within the area defined as the Clear Zone. 4. No passenger terminals and no major above-ground transmission lines in APZ 1. 5. Factors to be considered: labor intensity, structural coverage, explosive characteristics, and air pollution. The proposed use shall be evaluated by the Director of Community Development or his designee in conference with the base AICUZ officer for Sheppard Air Force Base or designated personnel. 6. Low-intensity office uses only. Meeting places, auditoriums, etc. shall not be permitted. For the purpose of this provision, low-intensity is defined as an employment population not to exceed twenty five (25)people per acre per shift. 7. Excludes chapels. 8. Facilities must be low intensity. For the purpose of this provision, low-intensity is defined as an employment population not to exceed twenty five (25)people per acre per shift. 9. Clubhouse not permitted. 10. Areas for gatherings of people are not recommended. The Airport Zoning Board shall be responsible for issuing the necessary permit based on its findings. 11. a.Residential use is discouraged in DNL 66-75db and prohibited in DNL above 75db. b.Where residential uses are allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) to DNL 65db shall be incorporated and considered in individual approvals. The Building Official shall be responsible for determining adequacy of attenuation measures. NLR criteria will not eliminate outdoor noise problems. However, building location and site planning and design, and use of berms and barriers may help mitigate outdoor exposure, particularly from near ground level sources. Measures that reduce outdoor noise shall be used whenever practical in preference to measures which only protect interior spaces. Such measures shall be indicated on a site plan and evaluated prior to approval of the required permit. 12. Measures to achieve the same NLR as required for facilities in DNL 66-70 db range shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. 13. Measures to achieve the same NLR as required for facilities in DNL 71-75 db range shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. PAGE 22 OF 25 PAGES AGENDA ITEM NO.5A 14. Measures to achieve the same NLR as required for facilities in DNL 76-80 db range shall be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. 15. If noise sensitive, use appropriate NLR. If not noise sensitive the use is compatible. 16. No buildings. 17. Land use is compatible provided special sound reinforcement systems are installed as approved by the Building Official. 18. Residential buildings require the same NLR as required for facilities in DNL 66-70 db range. 19. Residential buildings require the same NLR as required for facilities in DNL 71-75 db range. 20. Residential buildings are not permitted. 21. Land use is not allowed. For those situations requiring a hearing before the Airport Zoning Board before a permit may be issued, the Director of Community Development or his designee may require building elevations, building plans, landscape plans and other details to allow for proper evaluation of the proposed use in order to ensure the protection of the publics health, safety and welfare. PAGE 23 OF 25 PAGES AGENDA ITEM NO.5A ATTACHMENT A Uses are compatible if they do not result in a gathering of individuals in an area that would result in an average density of greater than 25 persons per acre per hour during a 24-hour period, not to exceed 50 persons per acre at any time. The following is a reproduction of Appendix F, Volume II of the 1992 AICUZ study for Sheppard Air Force Base, and is included here for ease of reference. Average Density Average densities of persons per hour during a 24-hour period are determined by calculating the number of persons per acre expected on a site, multiplying by the number of hour they will be on the site, and dividing the total by 24. Example#1. One 8-hour shift of 30 workers on a one acre site. Avg. density= 30 persons expected X 8 hours on site =240 Then 240/24=10: Thus avg. density= 10 persons per hour per 24-hour period. Example#2. Two 8-hour shifts of 30 workers on a one acre site. Avg. density= 30 persons expected X 16 hours on site=480 Then 480/24=20: Thus avg. density=20 persons per acre per hour per a 24-hour period. Maximum Density The maximum number of persons allowed per acre per hour is calculated by dividing the number of hours persons will be on site by 24 hours, and then dividing by 25 persons per acre per hour by the result. The resulting number is the maximum number of persons allowed per acre per hour, provided it does not exceed 50. Fifty persons per acre at any one time is the maximum number of persons allowed under the standard. Example. Maximum density for two 8-hour shifts on a one acre site. 25 divided by 16/24 =37.5 persons per hour allowed. Application of this formula results in the following table which specifies the maximum persons per acre per hour for the duration of the time that persons are expected to be on site during a 24- hour period. PAGE 24 OF 25 PAGES AGENDA ITEM NO.5A PERSONS PER ACRE HOURS OF OPERATION MAXIMUM PERSONS ALLOWED PER DAY PER ACRE/DURING EACH HOUR 24 25 23 26 22 27 21 28 20 30 19 31 18 33 17 35 16 37 15 40 14 42 13 46 12 OR LESS 50* NOTE: Fractions in the maximum persons allowed column are rounded to the lowest whole number. Also note that concentrations of people may not exceed 50 people/acre at any time. PAGE 25 OF 25 PAGES AGENDA ITEM NO.5A