(A) Purpose.
(1) The principal purpose of the Airfield Impact Overlay Zone is to promote and protect the public health, safety, and general welfare in the vicinity of Luke Air Force Base by minimizing exposure to high noise levels and accident hazards generated by airport operations and to encourage future development which is compatible with the continued operation of the airports.
(2) In addition, it is the purpose of the Airfield Impact Overlay Zone to minimize future conflicts between land uses and excessive noise generated by aircraft.
(3) It is the intent of this overlay zone to regulate land uses within designed existing or projected airfield noise impact areas by requiring acoustical performance standards. Nothing herein shall be construed as altering building materials or construction methods from those which are specified in the Uniform Building Code.
(4) It is also the intent of this overlay zone to prohibit uses in the accident potential zone that, if otherwise permitted, would endanger lives or invite destruction of property.
(B) Zone and area boundaries. All zoning and rezoning ordinances or regulations shall be subject to provisions of A.R.S. § 28-8481 et seq.
(C) Establishment of zones and areas.
(1) Airfield Impact Overlay Zone. The Airfield Impact Overlay Zone shall be established in like manner as any other zone permitted by this chapter. The boundaries of this zone and its areas may be subject to periodic updating and may be amended in accordance with the provision of § 154.152 and § 154.153 of this chapter.
(2) Airfield overlay areas. For purposes of administering these regulations there shall be three airfield noise overlay areas.
(a) Airfield noise overlay area one (AI-I). The area between the 60 Ldn and 70 Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).
(b) Airfield noise overlay area two (AI-II). The area between the 70 Ldn and the 75 Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).
(c) Airfield noise overlay area three (AI-III). The area within the 75 Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).
(3) Purpose of airfield overlay areas. The boundaries of the areas shall be established in accordance with the provision of division (C)(1) above. The purpose of the establishment of three airfield overlay areas is to distinguish between the severity of the levels of noise impact so that appropriate uses and acoustical performance standards can be established to mitigate the adverse impacts of aircraft noise and hazards to protect the public health, safety, and welfare.
(4) Lots divided by airfield zone boundaries. Whenever a lot of record is divided by an airfield zone boundary, the development shall conform to the land use and design criteria of the more restrictive district in accordance with all city codes and regulations.
(D) Permitted uses.
(1) Noise attenuation matrix. Within the Airfield Impact Overlay Zone, there shall be three overlay areas (AI-I, AI-II, and AI-III). The uses permitted in the overlay areas shall be those uses permitted in the underlying zoning district, and shall be subject to all conditions and procedures of the underlying district. The uses shall also comply with the restrictions of the following noise attenuation matrix, unless a land use category is specifically not permitted in the matrix, in which case such uses classified in the designated land use category shall not be permitted.
ATTENUATION MATRIX
Code | Restrictions |
NR | No restrictions as a result of noise |
- | Uses within this category are not permitted. |
AI-I | AI-II | AI-III |
AI-I | AI-II | AI-III | |
Single-family, duplex, multi-family | 1,2 | 1,2 | - |
Mobile homes, parks, or courts | 1,2 | 1,2 | - |
Other residential uses | 1,2 | 1,2 | - |
Educational facilities | 2 | - | - |
Religious facilities, libraries, museums, galleries, clubs, and lodges | 2 | 2 | - |
Outdoor sport events, entertainment, and public assembly, except amphitheaters | 2 | 2 | - |
Indoor recreation, amusements, athletic clubs, gyms, and spectator events | 3 | 3 | - |
Neighborhood parks | NR | NR | - |
Community and regional parks | NR | NR | - |
Outdoor recreation: tennis, golf courses, riding trails, and the like | NR | NR | - |
Cemeteries | NR | NR | - |
Hotels/Motels | 2 | 2 | - |
Hospitals and other health care services | 2 | 2 | - |
Services: finance, real estate, insurance, professional, and government offices | 2 | 2 | - |
Retail sales: building materials, farm equipment, automotive, marine, mobile homes, recreational vehicles, and accessories | NR | 4 | 4 |
Restaurants, eating and drinking establishments | 3 | 3 | 3 |
Retail sales: general merchandise, food, drugs, apparel, and the like | 3 | 3 | 3 |
Personal services: barber and beauty shops, laundry and dry cleaning, and the like | 3 | 3 | 3 |
Automobile service stations | NR | 4 | 4 |
Repair services | NR | 4 | 4 |
Processing of food, wood and paper products; printing and publishing, warehouses, wholesale and storage activities | NR | 4 | 4 |
Refining, manufacturing, and storage of chemicals, petroleum and related products, manufacturing and assembly of electronic components, and the like | NR | 4 | 4 |
Manufacturing of stone, clay, glass, leather, gravel, and metal products; construction and salvage yards; natural resource extraction and processing, agricultural, mills and gins | NR | 5 | 5 |
Animal husbandry: livestock, farming, breeding, and feeding | NR | NR | - |
Plant nurseries (excluding retail sales) | NR | NR | NR |
Farming (except livestock) | NR | NR | NR |
Transportation terminals, utility and communication facilities | NR | NR | NR |
Vehicle parking | NR | NR | NR |
Signs | NR | NR | NR |
(2) Non-conforming uses. Nothing herein shall require any change or alteration in a lawfully constructed or established building, structure, or use in existence at the time of the adoption of any airfield overlay areas, as established in § 154.107 of this chapter.
(E) Certification of noise attenuation.
(1) Certification. Prior to issuance of a building permit in any AI-I, AI-II, or AI-III area, a certification by a registered acoustical engineer or registered architect that the construction practices and/or materials of the structure will achieve the interior noise level required in the noise attenuation matrix shall be submitted. The engineer or architect shall submit relevant information to permit the Zoning Administrator to verify that the proposed measures will achieve the interior noise level standard.
(2) Inaccurate data. False or inaccurate data shall be cause for rendering null and void any building permit and may result in non-issuance of an occupancy permit.
(3) City liability. The city, its employees, and officers shall not be held liable for any permit issued on the basis of false information.
(F) Avigational easement and release. Prior to issuance of any building or development permit for property within the Airfield Impact Overlay Zone, the owner of the property shall provide the city with an avigational easement over the subject property and release the city from all liability for any and all claims for damages originating from dust, noise, vibration, fumes, fuel, and lubricant particles, and the like. The avigational easement and release form shall be available from the city.
(G) Additional height and safety regulations.
(1) Hazard marking and lighting. Luke Air Force Base personnel will determine whether the construction and/or existence of any structure, pole, tower, tank, or plant material constitutes a hazard to an aircraft operation in the vicinity of the airfield. When such a determination is made, the owner of the structure, pole, tower, tank, or plant material shall, at his or her own expense, reduce in height or install, operate, and maintain such markers and lights as may be necessary to indicate to aircraft operators the presence of an airfield hazard.
(2) Communications facilities. Any activity within this district which may create any electrical interference with communications between Luke Air Force Base and aircraft is prohibited.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)