(A) Overlay districts establish certain regulations that are in addition to those of the underlying general use or conditional zoning districts.
(B) Property within a designated overlay district may be used in a manner permitted in the underlying general use or conditional zoning districts only if and to the extent the use is also permitted in the applicable overlay district.
(C) When any general use or conditional district is also zoned one of the overlay districts, the most restrictive requirements shall prevail.
(D) The following overlay districts are established.
(1) (AICUZ) Air Installation Compatible Use Zone Overlay District.
(a) The AICUZ Overlay District is established as an overlay district in which certain types of land uses are restricted to ensure that the impacts of air base operations in the areas surrounding Marine Corps Air Station (MCAS) Cherry Point are minimized and prevent any future encroachment by development incompatible with air base operations.
(b) The AICUZ Overlay District is divided into six subdistricts: four Noise Overlay Zones that correspond to the 65 DNL, 70 DNL, 75 DNL and 80 DNL noise contours and two Accident Potential Zones (APZ), APZ-1 and APZ-II. Use restrictions within the underlying zoning district (see Chapter 155) are superseded by the use restrictions specified in the AICUZ Overlay District (§ 154.07) to the extent the use restrictions specified in the AICUZ Overlay District are more restrictive than those of the underlying zoning district.
(c) The boundaries of the AICUZ Overlay District, composed of the Noise and Accident Potential Overlay Zones described in division (D)(1)(b) above, are depicted on the city official zoning map, as specified in § 154.06. The boundaries for these overlay zones originate from the map entitled Figure D-1 Noise Contours in the Aircraft Installation Compatible Use Zone Study, MCAS Cherry Point, N.C., December 18, 2001. This map, or its more recent official update, is hereby adopted as authoritative by the city for the purposes of the AICUZ Overlay District, and is incorporated within and shown on the city official zoning map.
(d) To protect the public health and welfare from the potential noise and safety impacts of air base operations, § 130.06 of the city code of ordinances specifies that no person shall sell, lease or offer for sale or lease any property within the city unless the prospective buyer or lessee has been given a land use disclosure statement as set forth in that section of the code of ordinances. Affected property owners are referred to § 130.06 for specifics of this disclosure requirement. This disclosure requirement is not a zoning requirement. Information concerning this disclosure requirement is provided in this chapter merely for information purposes only and the convenience of the public.
(2) Flood Hazard Overlay District. The Flood Hazard Overlay District sets forth regulations that will protect people and property from the hazards of flooding. This district shall include special flood hazard areas as defined in Chapter 156. The regulations applicable to the Flood Hazard Overlay District are specified in Chapter 156.
(Ord. passed 7-25-2011)