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3-3   AIRPORT PROTECTION OVERLAY ZONE
3-3(A)   PURPOSE
The purpose of the Airport Protection Overlay (APO) zone is to require that land use and development at or around public airport facilities comply with the regulations of the Federal Aviation Administration (FAA) that protect the public from noise, vibration, and hazard impacts of airport operations and that protect the safety of aircraft operators.
3-3(B)   APPLICABILITY
The standards in this Section 14-16-3-3 apply to the Albuquerque International Sunport and Double Eagle II Airport and other properties in all zone districts within the following sub-areas of the APO zone, which are mapped and briefly described below. These sub-areas correspond to FAA “zones” and/or “surfaces” and are detailed separately by the FAA.
3-3(B)(1)   Air Space Protection Sub-area
This sub-area underlies a Horizontal Surface established at a height of 150 feet above the highest point of the usable landing area at each airport, resulting in a Horizontal Surface at 5,504.9 feet in elevation for the Albuquerque International Sunport and at 6,028.0 feet in elevation for the Double Eagle II Airport.
3-3(B)(1)(a)   Albuquerque International Sunport
 
3-3(B)(1)(b)   Double Eagle II Airport
 
3-3(B)(2)   Runway Protection Sub-area
This sub-area includes the runways, adjacent Approach Surfaces, and trapezoidal flares at the end of each runway.
3-3(B)(2)(a)   Albuquerque International Sunport
 
3-3(B)(2)(b)   Double Eagle II Airport
3-3(B)(3)   Noise Contour Sub-area
This irregularly shaped sub-area reflects the intermittent noise levels that are expected in each airport area, based on averaged ambient conditions and existing and projected aircraft operations (landings and takeoffs). The effect of noise generated by any other specific land use is not reflected. The sub-area is bounded by the 65 Day-night Noise Level (DNL) contour and includes the 75 DNL contour, as calculated by the FAA Integrated Noise Model.
3-3(B)(3)(a)   Albuquerque International Sunport
 
3-3(B)(3)(b)   Double Eagle II Airport
 
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 18
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 19
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, one 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.
3-3(D)   DEVELOPMENT STANDARDS
3-3(D)(1)   Height Standards
3-3(D)(1)(a)   The height standards in this section apply to any permanent structure, temporary structure erected for however brief a period of time, and to vegetation (typically trees) based on its expected height at maturity located within the Air Space Protection Sub-area and Runway Protection Sub-area.
3-3(D)(1)(b)   In the Air Space Protection Sub-area, maximum building height is per the Dimensional Standards Tables in Section 14-16-5-1 for each zone district, but in no case may a building be higher than the Horizontal Surface for each airport. Maximum height may therefore vary based on the elevation of the land at the location of the proposed structure or vegetation.
3-3(D)(1)(c)   Where an area is covered by more than one height limitation, including standards in the zone district or an Overlay zone, the most restrictive limitation shall prevail.
3-3(D)(2)   Reflectivity
The exterior surfaces of structures shall not have a light reflective value (LRV) that 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 and per applicable FAA regulations.
3-3(E)   TRANSPORTATION ROUTES
Public and private streets and rail lines are allowed within the Noise Contour Sub-area. See also Subsection 14-16-5-4(L) (Easements or Rights-of-way).
3-3(F)   HAZARD MARKING AND LIGHTING
The FAA or the City Aviation Department may require the owner of an existing structure or landscaping or the applicant for a new structure or landscaping in the APO zone at his/her own expense to install, operate, and maintain such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Such markers and lights shall conform to all applicable federal regulations and specifications and may require permitting through the City Planning Department.
3-3(G)   CROSS-REFERENCES
3-3(G)(1)   Subsection 14-16-5-8(B)(2) (Outdoor and Site Lighting).
3-3(G)(2)   Subsection 14-16-6-4(J) (Referrals to Commenting Agencies).
3-3(G)(3)   Subsection 14-16-6-6(O)(3)(b) (Variance in the APO Zone).
3-3(G)(4)   Subsection 14-16-6-8(B)(2)(c) (Nonconforming Use of Land or a Structure in the APO Zone).
3-3(G)(5)   Subsection 14-16-6-8(D)(9) (Airport Protection Overlay (APO) Zone).

 

Notes

18
18   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
19
19   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.