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3-3(C)   USE REGULATIONS
3-3(C)(1)   Air Space and Runway Protection Sub-areas
The following uses and activities are prohibited within the Air Space and Runway Protection Sub-areas:
3-3(C)(1)(a)   Rifle range, public or private. (See other outdoor entertainment in Table 4-2-1.)
3-3(C)(1)(b)   Private airport or helipad aircraft landing fields that would interfere with the safe use by aircraft of the Double Eagle II Airport or Albuquerque International Sunport as determined by the City Aviation Department.
3-3(C)(1)(c)   Hot air balloon takeoff/landing. (See Table 4-2-1.)
3-3(C)(1)(d)   Flying of kites.
3-3(C)(1)(e)   Any primary, accessory, or temporary use that creates electrical interference with radio communication between the airport and aircraft, or that creates any interference with radar transmissions or with reception between aircraft and any radar installation or between any radar installation and the airport, as determined by the City Aviation Department.
3-3(C)(1)(f)   Any primary, accessory, or temporary use that makes it difficult for flyers to distinguish between airport lights and others, results in glare in the eyes of flyers using the airport, impairs visibility in the vicinity of the airport or otherwise endangers the landing, taking-off, or maneuvering of aircraft as determined by the City Aviation Department.
3-3(C)(1)(g)   Any primary, accessory, or temporary use that produces smoke, fumes, gasses, or odors that would interfere with the safe use by aircraft of the Double Eagle II Airport or Albuquerque International Sunport, as determined by the City Aviation Department.
3-3(C)(2)   Noise Contour Sub-area
3-3(C)(2)(a)   The permissive uses in the Noise Contour Sub-area are as listed in Table 3-3-1 and Table 3-3-2, unless prohibited or more restricted in Subsection 14-16-3-3(C)(1) above or by the zone district.
   1.   75 DNL contour of the Noise Contour Sub-area
Table 3-3-1: Permissive Uses within the 75 DNL Contour of the APO Noise Contour Sub-area
Uses
APO Use-specific Standard[1]
Table 3-3-1: Permissive Uses within the 75 DNL Contour of the APO Noise Contour Sub-area
Uses
APO Use-specific Standard[1]
Primary Uses
General agriculture
Parks and open space
Open space only
Paid parking lot
Airport
Private airport runways or taxiways only
Park-and-ride lot
Natural resource extraction
Mining only
Accessory Uses
Animal keeping
Temporary Uses
Park-and-ride facility, temporary
[1] In addition to any Use-specific Standards referenced in Table 4-2-1.
 
   2.   65 DNL and 75 DNL contours of the Noise Contour Sub-area
Table 3-3-2: Permissive Uses between the 65 DNL and 75 DNL contours of the APO Noise Contour Sub-area
Uses
APO Use-specific Standard[1]
Table 3-3-2: Permissive Uses between the 65 DNL and 75 DNL contours of the APO Noise Contour Sub-area
Uses
APO Use-specific Standard[1]
Primary Uses
Cemetery
Parks and open space
Open space only
COMMERCIAL USES[2]
AGRICULTURE AND ANIMAL-RELATED[2]
FOOD, BEVERAGE AND INDOOR ENTERTAINMENT[2]
Hotel or motel
Construction shall provide 10 decibels extra noise reduction over the industry average for similar structures.
The establishment shall have airport hazard insurance.
MOTOR VEHICLE-RELATED[2]
OFFICES AND SERVICES[3]
RETAIL SALES[2]
Airport
Private airport runways or taxiways only
Other TRANSPORTATION[2]
Natural Resource Extraction
Mining only
Other MANUFACTURING, FABRICATION, AND ASSEMBLY[2]
TELECOMMUNICATIONS, TOWERS, AND UTILITIES
Solar energy generation subject to Glint and Glare Study per FAA
WHOLESALING AND STORAGE[2]
Accessory Uses
Animal keeping
Temporary Uses
Park-ride-lot facility, temporary
[1] In addition to any Use-specific Standards referenced in Table 4-2-1.
[2] All or “Other” (if stated in this table) uses in this category as listed in Table 4-2-1.
[3] All uses in this category except Office as listed in Table 4-2-1.
 
3-3(C)(2)(b)   The conditional uses in the Noise Contour Sub-area are the permissive uses or conditional uses allowed by the zone district and not listed as permissive in Table 3-3-1 or Table 3-3-2. Conditional Use Approval shall be pursuant to Subsection 14-16-6-6(A) and shall also be subject to the Zoning Hearing Examiner's (ZHE) determination that, due to the particular nature of the use or the special character of the enclosing structure, 1 of the following applies.
   1.   The use will not be adversely affected by noise expected to be generated by operation of aircraft.
   2.   A small amount of adverse effect from the noise expected to be generated by operation of aircraft is clearly outweighed by a special need for the use.