(A) Purpose.
(1) The city finds it necessary and appropriate to adopt the Air Installation Compatible Use Zone (AICUZ) Overlay District to provide the following benefits:
(a) Facilitate orderly development within the vicinity of MCAS Cherry Point;
(b) Ensure land use compatibility within noise zones and APZs;
(c) Mitigate noise impacts from aircraft overflights; and
(d) Contribute to the safe operation of MCAS Cherry Point.
(2) The city also finds that nothing in the provisions of this section is intended to state that objectionable levels of noise from overhead aircraft will be confined to the limits of the overlay district.
(B) Applicability.
(1) The AICUZ Overlay District establishes land use compatibility standards and aircraft noise mitigation measures that are in addition to those of the underlying general use or conditional zoning districts.
(a) 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 overlay zones, APZ-I and APZ-II.
(b) The boundaries of the noise zones and accident potential overlay zones are depicted on the official zoning map.
(2) New or replacement manufactured homes moved onto an existing manufactured home space in an existing manufactured home park or manufactured homes moved onto a single-family lot outside of a manufactured home park are exempt from the AICUZ Overlay District.
(3) The use restrictions of this section shall apply to any application for a building permit, zoning permit, special exception use permit, conditional use permit, site plan approval, subdivision plat approval, certificate of occupancy or vested rights certificate.
(5) None of the provisions of the AICUZ Overlay District shall be construed to prohibit the continuance of any existing land use.
(C) Permitted uses and density/intensity requirements.
(1) The AICUZ Overlay District contains specific use restrictions and density/intensity requirements that supersede the restrictions and requirements contained in Chapter 155 or other general design and performance standards contained in Chapter 157.
(2) Land usage within the APZ-I and APZ-II subdistricts shall comply with Table 154-4, Permitted Uses and Density/Intensity Requirements within Accident Potential Zones. Land usage within the Noise Overlay subdistricts shall comply with Table 154-5, Permitted Uses and Required Noise Level Reduction by Noise Contour Zones. Both of these tables are located at the end of this chapter.
(3) For land uses located within both an APZ and a Noise Contour Zone, the permissible use requirement of the APZ shall supersede that of the noise zone. Consequently, if the use is not permitted within the APZ that restriction shall prevail. If the use is permitted within both the APZ and within the noise zone, the density and intensity requirements of Table 154-3 shall be met as well as any noise level reduction requirement delineated in Table 154-4 for the noise contour zone within which it is also located.
(D) Noise level reduction.
(1) The noise level reduction (or attenuation) standards delineated in this section apply only to the establishment of new uses of land and to the expansion of an existing use or to structural additions as described in division (D)(5) below.
(2) Land usage within a Noise Contour Zone shall comply with Table 154-5, Permitted Uses and Required Noise Level Reduction by Noise Contour Zones.
(3) All new land uses shall be designed to achieve the applicable noise level reduction standard delineated in Table 154-5. The noise level reduction standard may be achieved by any suitable combination of building design, building materials and construction standards so as to reduce the interior noise levels from overhead aircraft flights. Noise level reduction must be incorporated into all residential structures to ensure that the interior noise levels within living spaces (not including garages, sunrooms or porches) do not exceed the applicable standard delineated in Table 154-5. Noise level reduction must be incorporated into the design and construction of the portions of nonresidential buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
(4) In the event that the requirements of this section conflict with the State Building Code, the State Building Code shall prevail.
(5) Applicability:
(a) Nothing in this division (D) shall require any change in any lawfully constructed or established building, structure or use in existence at the time of adoption or amendment of these regulations;
(b) The provisions of this division shall apply to any application for a building permit, certificate of occupancy, zoning, conditional use permit, special use permit, zoning compliance certificate, vested right certificate and subdivision/site plan approval;
(c) The noise level reduction requirements of this division shall apply to the construction, alteration, moving, repair, replacement or new use of any building or occupied permanent structure built using traditional (site built) or modular (factory built) techniques within the city located within the Noise Contour Zone as defined in this division; and
(d) The provisions of this division shall apply to the following development activities.
1. New construction shall comply with all the applicable provisions of this division.
2. Moved building or structures shall comply with all the applicable provisions of this division, except as provided in division (F) of this section.
3. Existing structures. Expansions to the building areas, as specified as follows and as detailed in division (F) of this section, shall be required to comply with the applicable noise attenuation requirements of this division.
a. If the expansion is less than 50% of the gross floor area of the original building, only the expansion shall comply with the noise attenuation requirements.
b. If the expansion is greater than or equal to 50% of the gross floor area of the original building, the entire building shall comply with all the noise attenuation requirements.
c. In addition, repairs and renovations, not resulting in an expansion of the building gross floor area, but collectively costing more than 50% of the appraised or tax value recorded in the Craven County Tax Record at the date of application, shall be required to fully comply with the noise attenuation requirements of this division.
d. Structures that are destroyed shall he rebuilt or repaired in compliance with division (F) of this section.
(6) Permitted uses. The Noise Contour Zone contains several general use zoning districts. Uses permitted in those districts, whether by right or as a conditional or special exception use, shall be permitted in the Noise Contour Zone according to the standards and the restrictions as indicated in Tables 154-4 and 154-5 accordingly, except as provided in division (F) of this section.
(7) Noise level reductions. The noise level reduction requirements of this division may be achieved by one of the following two methods:
(a) Complying with the recommended construction methods and materials shown in divisions (D)(11) through (13) below; or
(b) Certification from a registered professional architect or engineer that when constructed in accordance with approved plans, the building shall achieve the specified noise level reductions.
(8) Required approval.
(a) The construction standards of this division shall be applied to plans and specifications for any proposed structure or use in the Noise Contour Zone. The Building Inspector shall issue a building permit only when the applicant can establish that noise level reduction requirements of this division shall be met prior to the occupancy or use of a building hereafter erected, altered or moved and/or prior to the change of use of any building or land.
(b) No building or structure that has been erected, moved or structurally altered may be occupied until the Building Inspector has approved and issued a certificate of occupancy.
(9) Approval procedure.
(a) All development activity and subdivisions regulated by the provision of the Noise Contour Zone are also required to follow all applicable general land use and subdivision approval procedures contained in the city code of ordinances.
(b) Each application for a building permit shall be accompanied by a plat or site plan, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected and its location on the lot.
(c) In addition, in the Noise Contour Zone, the applicant shall submit detailed cross sections of exterior walls, roofs, ceilings and the like, manufacturer’s specifications of windows, doors, skylights and the like, and details of the heating, air conditioning and ventilation sufficient for the Planning and Inspections Department to determine compliance with the provision of this division. For modular structures, the applicant shall submit these details to the Planning and Inspections Department for approval prior to finalizing plans and beginning construction in the factory.
(10) Approval criteria.
(a) All development activity and subdivisions regulated by the provisions of the Noise Contour Zone are also required to follow all applicable regulations of the general district in which the property is located.
(b) In addition, the approval criteria shall include the permitted uses and the corresponding noise level reduction requirements of the Noise Contour Zone found in Table 154-4.
(11) Building design standards for a minimum noise level reduction of 25 dB.
(a) General.
1. Brick veneer, masonry blocks or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. For purposes of this subchapter, the term
AIRTIGHT is defined the same as it is defined in the current North Carolina Building Code.
2. At the penetration of exterior walls by pipes, ducts or conduits, the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar.
3. Window and/or through-the-wall ventilation units shall not be used.
4. Through-the-wall/door mailboxes shall not be used.
(b) Exterior walls.
1. Exterior walls, other than as described in this division, shall have a laboratory sound transmission class rating of at least STC-34.
2. Masonry walls having surface weight of at least 25 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy paint.
3. Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with siding-on-sheathing, stucco or brick veneer.
4. Interior surface of exterior stud walls shall be of gypsum board or plaster at least one-half inch thick, installed on the studs.
5. Continuous composition board, plywood or gypsum board sheathing at least one-half inch thick shall cover the exterior side of the wall studs behind wood or metal siding. Asphalt shingles are acceptable in lieu of siding.
6. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The top and bottom edges of the sheathing shall be sealed.
7. Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between the wall studs. Insulation shall be glass fiber or mineral wool.
(c) Windows.
1. Windows, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-28.
2. Glass shall be at least three-sixteenth inch thick.
3. All operable windows shall be weather-stripped and airtight when closed so that air infiltration will not exceed 0.5 cubic feet per minute per foot of crack length.
4. Glass of fixed sash windows shall be sealed in an airtight manner with a non-hardening sealant, or a soft elastomer gasket or glazing tape.
5. The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.
6. The total area of glass in exterior windows and doors in sleeping spaces shall not exceed 20% of the floor area.
(d) Doors.
1. Doors, other than as described in this section shall have a laboratory sound transmission class rating of at least STC-28.
2. All exterior side-hinged doors shall be solid-core wood or insulated hollow metal at least one and three-quarter inch thick and shall be fully weather-stripped.
3. Exterior sliding doors shall be weather-stripped with an efficient airtight gasket system. The glass in the sliding doors shall be at least three-sixteenth inch thick.
4. Glass in doors shall be sealed in an airtight non-hardening sealant, or in a soft elastomer gasket or glazing tape.
5. The perimeter of doorframes shall be sealed airtight to the exterior wall construction.
(e) Roofs.
1. Combined roof and ceiling construction, other than as described in this and the following division, shall have a laboratory sound transmission class rating of at least STC-34.
2. With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of closely butted one-half inch composition board, plywood or gypsum board sheathing topped by roofing as required.
3. If the underside of the roof is exposed, or if the attic or rafter spacing is less than six inches, the roof construction shall have a surface weight of at least 25 pounds per square foot. Rafters, joists or other framing may not be included in the surface weight calculation.
4. Window or dome skylights shall have a laboratory sound transmission class rating of at least STC-28.
(f) Ceilings.
1. Gypsum board or plaster ceilings shall be at least one-half inch thick. Ceilings shall be substantially airtight, with a minimum number of penetrations.
2. Glass fiber or mineral wool insulation shall be at least two inches thick shall be provided above the ceiling between joists.
(g) Floors. Openings to any crawl spaces below the floor of the lowest occupied rooms shall not exceed 2% of the floor area of the occupied rooms.
(h) Ventilation.
1. A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms, as specified in the State Building Code, without the need to open any windows, doors or other openings to the exterior.
2. Gravity vent openings in the attic shall not exceed code minimum in number and size.
3. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20- gauge steel, which shall be lined with one-inch thick coated glass fiber, and shall be at least five foot long with one 90-degree bend.
4. All vent ducts connecting the interior space to the outdoors, excepting domestic range exhaust ducts, shall contain at least a five foot length of internal sound absorbing duct lining. Each duct shall be provided with a bend in the duct such that there is no direct line of sight through the duct from the venting cross section to the room-opening cross section.
5. Duct lining shall be coated glass fiber duct liner at least one-inch thick.
6. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination, which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct.
7. Fireplaces shall be provided with well-fitted dampers.
(12) Building design standards for a minimum noise level reduction of 30dB.
(a) General.
1. Brick veneer, masonry blocks or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. For purposes of this subchapter, the term
AIRTIGHT is defined the same as it is defined in the current State Building Code.
2.. At the penetration of exterior walls by pipes, ducts or conduits the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar.
3. Window and/or through-the-wall ventilation units shall not be used.
4. Through-the-wall/door mailboxes shall not be used.
5. Operational vented fireplaces shall not be used unless provided a special acoustical chimney-top damper or tight fitting glass doors over the fireplace.
6. All sleeping spaces shall be provided with either a sound absorbing ceiling or a carpeted floor.
(b) Exterior walls.
1. Exterior walls, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-39.
2. Masonry walls having surface weight of at least 40 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy “bridging” paint.
3. Stud walls shall be at least four inches in nominal depth and shall be finished on the outside with siding-on-sheathing, stucco or brick veneer.
4. Interior surface of exterior stud walls shall be of gypsum board or plaster or an alternative material of equal mass at least one-half inch thick, installed on the studs. The gypsum board or plaster or alternative material may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If exterior is siding on sheathing, the interior gypsum board or plaster must be fastened with resilient channels to the studs.
5. Continuous composition board, plywood or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh a minimum of four pounds per square foot.
6. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The building paper can be omitted provided the sheathing panels have tightly fitted tongue and groove or lap and gap joints. The top and bottom edges of the sheathing shall be sealed.
7. Insulation material at least two inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between the wall studs. Insulation shall be glass fiber or mineral wool.
(c) Windows.
1. Windows, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-33.
2. Glass of double glazed windows shall be at least one-eighth inch thick. Panes of glass shall be separated by a minimum one-third inch air space.
3. Double glazed windows shall employ a fixed sash or efficiently weather-stripped operable sash. The sash shall be rigid and weather-stripped with material that is compressed airtight when the window is closed so that air infiltration will not exceed 0.5 cubic foot per minute per foot of crack length.
4. Glass of fixed sash windows shall be sealed in an airtight manner with a non-hardening sealant, a soft elastomer gasket, glazing tape or equivalent airtight adhesive.
5. The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.
6. The total area of glass in exterior windows and doors in sleeping spaces shall not exceed 20% of the floor area.
(d) Doors.
1. Doors, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-33.
2. Double door construction is required for all door openings to the exterior. Openings fitted with side hinged doors shall have one solid core wood or insulated hollow metal core door at least one and three-quarter inch thick separated by an airspace at least four inches from another door, which can be a storm door. Both doors shall be tightly fitted and weather-stripped.
3. The glass of double glazed sliding doors shall be separated by a minimum one-quarter inch air space. Each sliding frame shall be provided with an efficiently airtight weather stripping material that is compressed airtight when the door is closed so that air infiltration will not exceed 0.5 cubic foot per minute per foot of crack length.
4. The glass in the sliding doors shall be at least three-sixteenth inch thick. Glass of double sliding doors shall not be equal in thickness.
5. Glass in doors shall be sealed in an airtight non-hardening sealant, or in a soft elastomer gasket or glazing tape.
6. The perimeter of doorframes shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.
(e) Roofs.
1. Combined roof and ceiling construction other than as described in this and the following division shall have a laboratory sound transmission class rating of at least STC-44.
2. With an attic or rafter space at least six-inch deep, and with a ceiling below, the roof shall consist of closely butted one-half inch composition board, plywood or sheathing topped by roofing as required.
3. If the underside of the roof is exposed, or if the attic or rafter spacing is less than six inches, the roof construction shall have a surface weight of at least 40 pounds per square foot. Rafters, joists or other framing shall not be included in the surface weight calculation.
4. Window or dome skylights shall have a laboratory sound transmission class rating of at least STC-33.
(f) Ceilings.
1. Gypsum board or plaster ceilings at least one-half inch thick shall be provided where required by division (L)(5)(b) above. Ceilings shall be substantially airtight, with a minimum number of penetrations.
2. Glass fiber or mineral wool insulation at least two inches thick shall be provided above the ceiling between joists.
(g) Floors. The floor of the lowest occupied rooms shall be slab on fill, below grade or over a fully enclosed basement. All door and window openings in the fully enclosed basement shall be tightly fitted.
(h) Ventilation.
1. A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms, as specified in the State Building Code, without the need to open any windows, doors or other openings to the exterior.
2. Gravity vent openings in the attic shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least three feet in length containing internal sound absorbing duct lining. Each duct shall have a lined 90- degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic.
3. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20- gauge steel, which shall be lined with one-inch thick coated glass fiber, and shall be at least five feet long with one 90-degree bend.
4. All vent ducts connecting the interior space to the outdoors, excepting domestic range exhaust ducts, shall contain at least a ten foot length of internal sound absorbing duct lining. Each duct shall be provided with a lined 90-degree bend in the duct such that there is no direct line of sight through the duct from the exterior to the interior.
5. Duct lining shall be coated glass fiber duct liner at least one inch thick.
6. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination, which allows proper ventilation. The dimensions of the baffle plate shall extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material.
7. Building heating units with flues or combustion air vents shall be located in a closet, attached garage or other room closed off from the occupied space by doors.
8. Doors between occupied space and attached garage or mechanical equipment areas shall be solid core wood or 20-gauge steel hollow metal at least one and three-quarter inch thick and shall be fully weather stripped.
(13) Building design standards for a minimum noise level reduction of 35 dB.
(a) General.
1. Brick veneer, masonry blocks or stucco exterior walls shall be constructed airtight. All joints shall be grouted or caulked airtight. For purposes of this subchapter, the term
AIRTIGHT is defined the same as it is defined in the current State Building Code.
2. At the penetration of exterior walls by pipes, ducts or conduits the space between the wall and pipes, ducts or conduits shall be caulked or filled with mortar.
3. Window and/or through-the-wall ventilation units shall not be used.
4. Through-the-wall/door mailboxes shall not be used.
5. Operational vented fireplaces shall not be used unless provided a special acoustical chimney-top damper or tight fitting glass doors over the fireplace.
6. All sleeping spaces shall be provided with either a sound absorbing ceiling or a carpeted floor.
7. No glass or plastic skylights shall be used.
(b) Exterior walls.
1. Exterior walls other than as described in this section shall have a laboratory sound transmission class rating of at least STC-49.
2. Masonry walls having surface weight of at least 75 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered or painted with heavy “bridging” paint.
3. Stud walls shall be at least four inches in nominal depth and shall he finished on the outside with siding-on-sheathing, stucco or brick veneer.
4. Interior surface of exterior stud walls shall be of gypsum board or plaster or an alternative material of equal mass at least one-half inch thick, installed on the studs. The gypsum board or plaster or alternative material may be fastened rigidly to the studs if the exterior is brick veneer. If exterior is siding on sheathing or stucco, the interior gypsum board or plaster must be fastened with resilient channels to the studs.
5. Continuous composition board, plywood or gypsum board sheathing shall cover the exterior side of the wall studs behind wood or metal siding. The sheathing and facing shall weigh a minimum of four pounds per square foot.
6. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper. The building paper can be omitted provided the sheathing panels have tightly fitted tongue and groove or lap and gap joints. The top and bottom edges of the sheathing shall be sealed.
7. Insulation material at least three inches thick shall be installed continuously throughout the cavity space behind the exterior sheathing and between the wall studs. Insulation shall be glass fiber or mineral wool.
(c) Windows.
1. Windows other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-38.
2. Double glazed windows shall employ a fixed sash. Glass of double glazed windows shall be at least one-eighth inch thick. Panes of glass shall be separated by a minimum one-third inch air space and shall not be equal in thickness.
3. Glass of fixed sash windows shall be sealed in an airtight manner with a non-hardening sealant, a soft elastomer gasket, glazing tape or equivalent airtight adhesive.
4. The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.
5. The total area of glass in exterior windows and doors in sleeping spaces shall not exceed 20% of the floor area.
(d) Doors.
1. Doors, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC-38.
2. Double door construction is required for all door openings to the exterior. Openings fitted with side hinged doors shall have one solid core wood or insulated hollow metal core door at least one and three-quarter inch thick separated by a vestibule at least three feet in length. Both doors shall be tightly fitted and weather-stripped.
3. The glass of double glazed sliding doors shall be separated by a minimum one-quarter inch air space. Each sliding frame shall be provided with an efficiently airtight weather stripping material that is compressed airtight when the door is closed so that air infiltration will not exceed 0.5 cubic foot per minute per foot of crack length.
4. Glass in doors shall be sealed in an airtight non-hardening sealant, or in a soft elastomer gasket or glazing tape.
5. The perimeter of doorframes shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.
(e) Roofs.
1. Combined roof and ceiling construction other than as described in this and the following division shall have a laboratory sound transmission class rating of at least STC-49.
2. With an attic or rafter space at least six inches deep, and with a ceiling below, the roof shall consist of closely butted one-half inch minimum composition board, plywood or sheathing topped by roofing as required.
3. If the underside of the roof is exposed, or if the attic or rafter spacing is less than six inches, the roof construction shall have a surface weight of at least 75 pounds per square foot. Rafters, joists or other framing shall not be included in the surface weight calculation.
(f) Ceilings.
1. Gypsum board or plaster ceilings at least one-half inch thick shall be provided where required by division (M)(5)(b) above. Ceilings shall be substantially airtight, with a minimum number of penetrations. The ceiling panels shall be mounted on resilient clips or channels. A non-hardening sealant shall be used to seal gaps between the ceiling and walls around the ceiling perimeter.
2. Glass fiber or mineral wool insulation at least three and one-half inches thick shall be provided above the ceiling between joists.
(g) Floors. The floor of the lowest occupied rooms shall be slab on fill, below grade.
(h) Ventilation.
1. A mechanical ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms, as specified in the State Building Code, without the need to open any windows, doors or other openings to the exterior.
2. Gravity vent openings in attics shall not exceed code minimum in number and size. The openings shall be fitted with transfer ducts at least six feet in length containing internal sound absorbing duct lining. Each duct shall have a lined 90-degree bend in the duct such that there is no direct line of sight from the exterior through the duct into the attic.
3. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20- gauge steel, which shall be lined with one inch thick coated glass fiber, and shall be at least ten feet long with one 90-degree bend.
4. All vent ducts connecting the interior space to the outdoors, except domestic range exhaust ducts, shall contain at least a ten-foot length of internal sound absorbing duct lining. Each duct shall be provided with a lined 90-degree bend in the duct so that there is no direct line of sight through the duct from the exterior to the interior.
5. Duct lining shall be coated glass fiber duct liner at least one inch thick.
6. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vent duct. The baffle plate shall be of the same material and thickness as the vent duct material.
7. Building heating units with flues or combustion air vents shall be located in a closet, attached garage or other room closed off from the occupied space by doors.
8. Doors between occupied space and attached garage or mechanical equipment areas shall be solid core wood or 20-gauge steel hollow metal at least one and three-quarter inch thick and shall be fully weather-stripped.
(14) Replacement, expansion and reconstruction of nonconforming structures and land uses in the Noise Contour Zone.
(a) Single-family dwellings.
1. Existing single-family dwellings located within the 75 and 80 dB contours may be reconstructed if destroyed or damaged greater than 50% of their tax value, as shown on the Craven County tax rolls, or certified appraised value, if a noise level reduction of 30 dB is provided inside the dwelling. Any reconstruction shall meet all applicable setbacks and lot area requirements of this section.
2. Existing single-family dwellings within the 75 and 80 dB contours may expand, with no limits on the number of expansions; however, once the aggregate of the expansions meets or exceeds 50% of the area of the dwelling (measured at the time of ordinance adoption), the entire structure must be retrofitted for noise attenuation according to the requirements of this section.
(b) Existing churches.
1. Existing nonconforming churches located within the Noise Contour Zone may rebuild if they are destroyed or damaged greater than 50% of their estimated value provided they comply with the maximum noise level reduction standards of 30 dB as defined in this section.
2. Churches that are located within the 70, 75 or 80 dB contours are permitted a one-time expansion of their building area by no more than 50% of the area of the existing church provided they comply with the appropriate noise attenuation standards as referenced in Table 154-5 and all other ordinance standards.
(c) Existing nonresidential land uses. Existing nonresidential land uses, excluding uses located within the 80 dB contour, that are not permitted according to Tables 154-4 and 154-5 may be reconstructed if destroyed or damaged greater than 50% of its tax or certified appraised value provided they comply with a noise level reduction of 30 dB in areas of the structure where the public will be present.
(d) All other uses.
1. Existing nonconforming residential and nonresidential structures not covered in divisions (14)(a) through (c) above located within a Noise Contour Zone that are completely destroyed may be reconstructed (but not expanded beyond the original structure’s square footage) provided a building permit is issued within 180 days of the structure’s destruction, and a noise level reduction as specified in Table 154-4 is met.
2. All replacements, expansions and reconstructions of nonconforming situations, as listed in this division shall follow the procedural requirements of Chapter 161.
(E) Airport and aircraft interference. No structure may be constructed or altered in a manner or at a height that constitutes a safety hazard to aerial navigation as determined by the Federal Aviation Administration (FAA). Furthermore, lighting, glare, smoke, electronic signals or other visual hazards that interfere with air traffic, communications or navigational aids are prohibited as determined by the FAA. All proposals for new communication towers in an APZ or Noise Contour Zone must provide evidence that all required approvals from regulatory agencies (e.g., FAA and Federal Communication Commission) have been given prior to the issuance of any permits or approvals from the city.
(F) AICUZ and nonconforming uses. Within the AICUZ Overlay District, any nonconforming use of land legally existing at the time of adoption or amendment of this section may be continued but may not be enlarged, extended or replaced, except for uses within Noise Contour Zones as specified in and as follows.
(1) A nonconforming use shall not be changed to another nonconforming use.
(2) The number of dwelling units in a nonconforming residential use shall not be increased.
(3) A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this section.
(4) If any nonconforming use ceases for any reason for a continuous period of more than 180 days, any subsequent use shall be a permitted use in the overlay subdistrict in which the use is located.
(5) A nonconforming use shall not be extended or enlarged.
(6) A nonconforming use of open land may not be extended.
(7) The resumption of a nonconforming use shall not be permitted if the nonconforming use is superseded by a permitted use for any period of time.
(8) All other nonconforming situations, such as nonconforming lots and nonconforming structures, shall be governed by the provisions of Chapter 161.
(G) AICUZ Waiver of Claim.
(1) A waiver of claim shall be required for all new site development plans and all new subdivisions of land located within the AICUZ Overlay District. The waiver shall be executed by the owner of the property for the benefit of the city, and it shall waive all existing and future owners’ right to any claim or cause of action against the city in connection with adverse aircraft noise impacts or other consequences of the overlay district’s noise mitigation requirements. The waiver statement shall appear on the final site plan or subdivision plat before the site plan or plat may be approved and recorded.
(2) The waiver of claim provisions of this section shall not apply to lots of record created prior to the effective date of this section, to lots created by a valid preliminary subdivision plat that was approved by the city prior to the effective date of this subchapter, or to a valid site plan that was approved by the city prior to the effective date of this section.
SLUCM* No. | Land Use | APZ-I | APZ-II | ||
Allowable Use | Density/Intensity Requirement | Allowable Use | Density/Intensity Requirement | ||
1000 | Residential Uses | ||||
SLUCM* No. | Land Use | APZ-I | APZ-II | ||
Allowable Use | Density/Intensity Requirement | Allowable Use | Density/Intensity Requirement | ||
1000 | Residential Uses | ||||
1100 | Single-family detached dwelling and modular home | Yes | Maximum of one dwelling unit per existing platted lot of record. The subdivision of existing residential parcels into smaller lots is prohibited. | Yes | Maximum density of two du/ac |
1200 | Group quarters | No | No | ||
1300 | Motel, hotel and residential hotels | No | No | ||
1400 | Manufactured homes | See Note 14 | See Note 14 | ||
1500 | Transient lodging | No | No | ||
1600 | Medium Density Residential | No | Yes | Maximum density of two du/ac | |
1700 | Live/work units and upper story attached | No | Yes | See Note 10 | |
1900 | Other household units and residential NEC | No | No | ||
2000-3000 | Manufacturing Uses | ||||
2100 | Food and kindred products | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2200 | Textile mill products | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2300 | Apparel and other finished products | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2400 | Lumber and wood products, except furniture | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2500 | Furniture and fixtures | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2600 | Paper and allied products | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2700 | Printing, publishing and allied industries | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
2800 | Chemical and allied products | No | No | ||
2900 | Petroleum refining and related industries | No | No | ||
3100 | Rubber and miscellaneous plastic products | Yes (see Note 12) | Maximum FAR 0.28 | Yes (see Note 12) | Maximum FAR 0.28 |
3200 | Stone, clay and glass products | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
3300 | Primary metal industries | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
3400 | Fabricated metal products | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
3500 | Professional, scientific and controlling instruments | Yes | Maximum FAR 0.28. Uses sensitive to vibration are prohibited. | Yes | Maximum FAR 0.56 |
3900 | Miscellaneous manufacturing NEC | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
4000 | Transportation, Communication and Utilities Uses | ||||
4100 | Railroad, rapid rail transit and street railway transportation | Yes | See Note 3 | Yes | |
4200 | Motor vehicle transportation | Yes | See Note 3 | Yes | |
4300 | Aircraft transportation | Yes | See Note 3 | Yes | |
4400 | Marine craft transportation | Yes | See Note 3 | Yes | |
4500 | Highway and street right-of-way | Yes | See Note 3 | Yes | |
4600 | Automobile parking | Yes | See Note 3 | Yes | |
4700 | Communication | Yes | See Note 3 | Yes | |
4800 | Utilities, except solid waste disposal | Yes | See Note 3 | Yes | |
4850 | Solid waste disposal; landfills, incinerators and the like | No | No | ||
4900 | Other transportation, communication and utilities NEC | Yes | See Note 3 | Yes | |
5000 | Trade Uses (see Note 13) | ||||
5100 | Wholesale trade | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
5200 | Retail trade-building materials, hardware and farm equipment | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.28 |
5300 | Retail trade-general merchandise | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.24 |
5400 | Retail trade-food | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.24 |
5500 | Retail trade-automotive, marine craft, aircraft and accessories | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.28 |
5505 | Retail trade-motorcycles, RVs, and related automotive equipment sales; manufactured home sales | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.28 |
5600 | Retail trade-apparel and accessories | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.28 |
5700 | Retail trade-furniture, home furnishings and equipment | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.28 |
5800 | Retail trade-eating and drinking establishments | No | No | ||
5900 | Other retail trade NEC | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.22 |
6000 | Services (see Note 4) | ||||
6100 | Finance, insurance and real estate services | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.22 General offices only |
6200 | Personal services, except cemeteries | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.22 Office uses only |
6242 | Cemeteries | Yes | See Note 5 | Yes | See Note 5 |
6300 | Business services, except warehousing and storage services and other business services | Yes | Maximum FAR 0.14 | Yes | Maximum FAR 0.22 |
6370 | Warehousing and storage services | Yes | Maximum FAR 1.0 | Yes | Maximum FAR 2.0 |
6390 | Other business services | Yes | Maximum FAR 0.28 | Yes | Maximum FAR 0.56 |
6400 | Repair services | Yes | Maximum FAR 0.11 | Yes | Maximum FAR 0.22 |
6500 | Professional services, except medical and other health services | Yes | Maximum FAR 0.11 | Yes | Maximum FAR 0.22 |
6510- 6519 | Medical and other health services | Yes | Maximum FAR 0.11 | Yes | Maximum FAR 0.11 |
6600 | Contract construction services | Yes | Maximum FAR 0.11 | Yes | Maximum FAR 0.22 |
6700 | Government services | Yes | Maximum FAR 0.12 | Yes | Maximum FAR 0.24 |
6800 | Educational services | No | No | ||
6900 | Religious and miscellaneous services | Yes | Maximum FAR 0.11 | Yes | Maximum FAR 0.22 |
7000 | Cultural, Entertainment and Recreational Uses | ||||
7100 | Cultural activities, except nature exhibitions | No | No | ||
7120 | Nature exhibitions | Yes | See Note 6 | Yes | See Note 6 |
7200 | Public assembly | No | No | ||
7300 | Amusements | No | No | ||
7400 | Recreational activities | Yes | Maximum FAR 0.11 (see Note 6) | Yes | Maximum FAR 0.22 (see Note 6) |
7500 | Resorts and group camps | No | No | ||
7600 | Parks | Yes | Maximum FAR 0.11 | Yes | Maximum FAR 0.22 (see Note 6) |
7900 | Other cultural, entertainment and recreational activities NEC | Yes | Maximum FAR 0.11 (see Note 6) | Yes | Maximum FAR 0.22 (see Note 6) |
8000 | Resource Production and Extraction | ||||
8100 | Agriculture, except livestock farming and breeding | Yes | Maximum FAR 0.11 (see Notes 7 and 8) | Yes | See Notes 7 and 8 |
8160 | Livestock farming and breeding | No | No | ||
8200 | Agricultural related activities | Yes | Maximum FAR 0.11 (see Notes 7 and 8) | Yes | Maximum FAR 0.22 (see Notes 7 and 8) |
8300 | Forestry activities and related services | Yes | Maximum FAR 0.11 (see Notes 7 and 8) | Yes | Maximum FAR 0.22 (see Notes 7 and 8) |
8400 | Fishing activities and related services | Yes | Maximum FAR 0.11 (see Notes 7 and 8) | Yes | Maximum FAR 0.22 (see Notes 7 and 8) |
8500 | Mining activities and related services | Yes | Maximum FAR 0.11 (see Notes 7 and 8) | Yes | Maximum FAR 0.22 (see Notes 7 and 8) |
8900 | Other resource production and extraction NEC | Yes | Maximum FAR 0.11 (see Notes 7 and 8) | Yes | Maximum FAR 0.22 (see Notes 7 and 8) |
9000 | Undeveloped Land and Water Areas | ||||
9100 | Undeveloped and unused land area, excluding noncommercial forest development | Yes | Yes | ||
9200 | Noncommercial forest development | Yes | Yes | ||
9300 | Water area | No | See Note 9 | No | See Note 9 |
Legend: | |||||
SLUCM = Standard Land Use Coding Manual, 1965 | |||||
NEC = Not elsewhere classified | |||||
FAR = Floor Area Ratio = Total Building Area divided by Total Lot Area. Example: A maximum FAR of 0.28 would yield a maximum building area of 7,000 sq. ft. on a 25,000 sq. foot lot (25,000 x 0.28 = 7,000) | |||||
du/ac = Dwelling units per acre | |||||
Sources: AICUZ Program Procedures and Guidelines for the Department of the Navy Air Installations, OPNAV Instruction 11010.36B, Department of the Navy, 2002 | |||||
Standard Land Use Coding Manual: A Standard System for Identifying and Coding Land Use Activities, Urban Renewal Administration, Housing and Home Finance Agency and Federal Highway Administration, Bureau of Public Roads, Department of Commerce, 1965 | |||||
Notes to Table 154-4
1. This table delineates allowable use within APZs by general land use classification. The land use classifications are based upon the Standard Land Use Coding Manual (SLUCM) classifications but have been modified to accommodate the specific zoning and land use regulatory needs of the city. Whenever a land use is proposed, it will be assigned to the SLUCM classification that, in the opinion of the zoning administrator, most closely reflects the characteristics of the proposed use. The general use classification, as delineated in this table, shall be utilized to determine whether or not the proposed use is permissible within the APZ in which it is proposed to be located. For example, if a proposed use is assigned SLUCM classification number 5995, the use would fall under the 5900 general classification and be permissible in accordance with the specified intensity standard. Whenever a proposed land use has characteristics of two or more individual land uses, that use shall be evaluated, on a case-by-case basis, to determine if one or more of the use characteristics creates an overwhelming incompatibility with the purposes and objectives of the APZ within which the use is proposed to be located. If, in the opinion of the zoning administrator, one or more of the proposed use’s characteristics creates such an incompatibility, the use shall not be permitted as proposed.
2. Other use factors that will be considered in determining allowable nonresidential uses include labor intensity, structural coverage, explosive characteristics, air pollution, electronic interference with aircraft, height of structures and potential glare to pilots.
3. Passenger terminals, major above ground transmission lines, broadcast studios and communication towers are not permitted in APZ-I.
4. Low intensity office uses only. Accessory uses such as meeting places, auditoriums and the like are not permitted.
5. Chapels are not allowed within APZ-I or APZ-II.
6. Facilities shall be low intensity and include no tot lots and the like. Facilities such as club houses, meeting places, auditoriums, large classrooms and the like are not permitted.
7. Resource production and extraction uses that produce smoke, glare, electronic interference or which involve explosives are not permitted.
8. Uses and activities that attract concentrations of birds that would create a hazard to aircraft operations are not permitted.
9. Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are permitted.
10. A combination single-family dwelling unit and nonresidential use (live/work use) may be permitted in APZ-II provided that: the density of the residential portion does not exceed the maximum density for single-family detached dwellings (SLUCM # 1100.1); and the nonresidential portion is an allowable use within the APZ-II and it does not exceed the specified maximum FAR for its assigned use classification.
11. Mixed uses on a single lot or within a single structure are allowable, provided that each proposed individual use comprising the mixed use is allowable within the APZ in which proposed to be located; and that each proposed individual use comprising the mixed use complies with the specified maximum FAR for its assigned use classification.
12. Uses that produce or generate VOCs (Volatile Organic Chemicals) are not permitted.
13. No structure shall exceed 10,000 square feet in size.
14. Manufactured or mobile homes either within or outside of a mobile home park are exempt from the AICUZ Overlay District.
SLUCM No. | Land Use | 65 DNL Contour | 70 DNL Contour | 75 DNL Contour | 80 DNL Contour | ||||
a Allowable | b NLR | c Allowable | d NLR | e Allowable | f NLR | g Allowable | h NLR | ||
1000 | Residential | ||||||||
SLUCM No. | Land Use | 65 DNL Contour | 70 DNL Contour | 75 DNL Contour | 80 DNL Contour | ||||
a Allowable | b NLR | c Allowable | d NLR | e Allowable | f NLR | g Allowable | h NLR | ||
1000 | Residential | ||||||||
1100 | Single-family detached dwelling & modular home | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
1200 | Group quarters | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
1300 | Hotels/motels and residential hotels | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
1400 | Manufactured homes | See Note 9 | -- | See Note 9 | -- | See Note 9 | -- | See Note 9 | -- |
1500 | Transient lodging | Yes | 25dB | Yes | 30dB | Yes | 35dB | No | -- |
1600 | Medium density Residential | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
1700 | Live/work units and upper story attached dwelling | Yes | 25dB | Yes | 30dB | Yes | 35dB | No | -- |
1900 | Other residential NEC | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
2000-3000 | Manufacturing | ||||||||
2100 | Food & kindred products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2200 | Textile mill products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2300 | Apparel & other finished products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2400 | Lumber & wood products, except furniture | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2500 | Furniture & fixtures | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2600 | Paper & allied products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2700 | Painting, publishing & allied industries | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2800 | Chemical & allied products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
2900 | Petroleum refining & related industries | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
3100 | Rubber & miscellaneous plastic products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
3200 | Stone, clay & glass products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
3300 | Primary metal industries | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
3400 | Fabricated metal products | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
3500 | Professional, scientific & controlling instruments | Yes | -- | Yes | 25dB | Yes | 30dB | No | -- |
3900 | Miscellaneous manufacturing NEC | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4000 | Transportation, Communication & Utilities | ||||||||
4100 | Railroad, rapid rail transit & street railway transportation | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4200 | Motor vehicle transportation | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4300 | Aircraft transportation | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4400 | Marine craft transportation | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4500 | Highway & street right-of-way | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4600 | Automobile parking | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4700 | Communication | Yes | -- | Yes | 25dB See Note 2 | Yes | 30 dB See Note 2 | No | -- |
4800 | Utilities | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
4900 | Other transportation, communication & utilities NEC | Yes | -- | Yes | 25dB See Note 2 | Yes | 30 dB See Note 2 | No | -- |
5000 | Trade | ||||||||
5100 | Wholesale trade | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5200 | Retail trade-building materials, hardware & farm equipment | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5300 | Retail trade-general merchandise | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5400 | Retail trade-food | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5500 | Retail trade-automotive, marine craft, aircraft & accessories | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5505 | Retail trade-motorcycles, RVs, and related automotive equipment sales; manufactured home sales | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5600 | Retail trade-apparel & accessories | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5700 | Retail trade-furniture, home furnishings & equipment | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5800 | Retail trade-eating & drinking | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
5900 | Other retail trade NEC | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6000 | Services | ||||||||
6100 | Finance, insurance & real estate services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6200 | Personal services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6242 | Cemeteries | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6300 | Business services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6400 | Repair services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6500 | Professional services except medical | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6513 & 6516 | Hospitals, nursing homes | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
6510, 6514 & 6519 | Other medical facilities | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6600 | Contract construction services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6700 | Government services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6800 | Educational services, except college, university, technical institute, vocational, business or secretarial school | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
6820 | College, university, technical institute | Yes | 25dB | Yes | 30dB | Yes | 35dB | No | -- |
6831 | Vocational, business or secretarial school | Yes | 25dB | Yes | 30dB | Yes | 35dB | No | -- |
6900 | Miscellaneous services NEC, except religious services | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
6911 | Religious services, places of worship | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
7000 | Cultural, Entertainment and Recreational | ||||||||
7100 | Cultural activities, except nature exhibitions | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
7120 | Nature exhibitions | Yes | -- | No | -- | No | -- | No | -- |
7212, 7221, 7230, 7231 | Public assembly-auditoriums, concert halls, indoor motion picture theaters, indoor sports arenas | Yes | 25dB | Yes | 30dB | No | -- | No | -- |
7211 | Public assembly-outdoor music shells, amphitheaters | No | -- | No | -- | No | -- | No | -- |
7223 | Public assembly-outdoor sports arenas, spectator sports | Yes | See Note 3 | Yes | See Note 3 | No | -- | No | -- |
7200 | Other public assembly NEC | Yes | -- | No | -- | No | -- | No | -- |
7300 | Amusements | Yes | -- | Yes | -- | No | -- | No | -- |
7415, 7417, 7424, 7425, 7430 | Recreational activities-indoor facilities | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
7411, 7412, 7423 | Recreational activities-outdoor facilities, except camping and picnicking areas | Yes | -- | Yes | -- | No | -- | No | -- |
7491 | Recreational activities-camping and picnicking areas | Yes | -- | No | -- | No | -- | No | -- |
7400 | Recreational activities NEC | Yes | -- | Yes | 25dB | Yes | 30dB | Yes | 35dB |
7500 | Resorts & group camps | Yes | -- | Yes | -- | No | -- | No | -- |
7600 | Parks | Yes | -- | Yes | -- | No | -- | No | -- |
7900 | Other cultural, entertainment & recreational activities NEC | Yes | -- | Yes | -- | No | -- | No | -- |
8000 | Resource Production and Extraction | ||||||||
8100 | Agriculture, except livestock farming and animal breeding | Yes | See Note 4 | Yes | See Note 5 | Yes | See Note 6 | Yes | See Note 6 |
8160 | Livestock farming and animal breeding | Yes | See Note 4 | Yes | See Note 5 | No | -- | No | -- |
8200 | Agricultural related activities | Yes | See Note 4 | Yes | See Note 5 | Yes | See Note 6 | Yes | See Note 6 |
8300 | Forestry activities & related services | Yes | See Note 4 | Yes | See Note 5 | Yes | See Note 6 | Yes | See Note 6 |
8400 | Fishing activities & related services | Yes | -- | Yes | -- | Yes | -- | Yes | -- |
8500 | Mining activities & related services | Yes | -- | Yes | -- | Yes | -- | Yes | -- |
8900 | Other resource production & extraction NEC | Yes | -- | Yes | -- | Yes | -- | Yes | -- |
Legend: | |||||||||
SLUCM = Standard Land Use Coding Manual, 1965 | |||||||||
NEC = Not elsewhere classified | |||||||||
NLR = Noise Level Reduction (outdoor to indoor) to be achieved through the incorporation of noise attenuation into the design and construction of the structure. | |||||||||
DNL = Day-Night Average Sound Level | |||||||||
dB = Decibel | |||||||||
Sources: | |||||||||
Guidelines for Considering Noise in Land Use Planning and Control, Federal Interagency Committee on Urban Noise, June 1980 | |||||||||
AICUZ Program Procedures and Guidelines for the Department of the Navy Air Installations, OPNAV Instruction 11010.36B, Department of the Navy, 2002 | |||||||||
Standard Land Use Coding Manual: A Standard System for Identifying and Coding Land Use Activities, Urban Renewal Administration, Housing and Home Finance Agency and Federal Highway Administration, Bureau of Public Roads, Department of Commerce, 1965 | |||||||||
Notes to Table 154-5
1. This table delineates allowable use within noise contour zones by general land use classification. The land use classifications are based upon the Standard Land Use Coding Manual (SLUCM) classifications but have been modified to accommodate the specific zoning and land use regulatory needs of the city. Whenever a land use is proposed, it will be assigned to the SLUCM classification that, in the opinion of the zoning administrator, most closely reflects the characteristics of the proposed use. The general use classification, as delineated in this table, shall be utilized to determine whether or not the proposed use is permitted within the noise contour zone in which it is proposed to be located. For example, if a proposed use is assigned SLUCM classification number 5995, the use would fall under the 5900 general classification.
Columns a, c, e and g indicate whether or not a particular use is allowed within the applicable noise contour zone (DNL 65, 60, 75 or 80). A “Yes” in these columns indicates that the land use delineated in the “Land Use” column is permitted outright or is permitted provided compliance with the specified restrictions is achieved. A “No” in these columns indicates that the land use delineated in the “Land Use” column is not permitted.
Columns b, d, f and h indicate the noise level reduction level, if any, that must be achieved to make the use compatible and permissible; and/or the specific restriction, if any, placed on the use to make it permissible. “25dB”, “30dB” or “35dB” in these columns indicate the noise level reduction standard that must be incorporated into the design and construction of structures in order to make the use permissible. References to notations which outline specific restrictions applicable to particular land uses are also delineated in these columns.
Measures to achieve the specified NLR standard for nonresidential uses must be incorporated into the design and construction of the portions of the buildings where the public is received, office areas, noise sensitive area or where the normal noise level is low. Generally, the noise level reduction design standards apply to all new structures and/or new uses of land and under specific circumstances as defined in division (E) above, to enlargements, extensions and replacements. The noise level reduction design standards do not, however, apply to a manufactured home moved onto an existing manufactured home park space.
Noise level reduction standards do not eliminate or mitigate outdoor noise problems. However, building location, site planning and design and use of berms and barriers may help to mitigate outdoor noise exposure.
Whenever a proposed land use has characteristics of two or more individual land uses, that use shall be evaluated, on a case-by-case basis, to determine if one or more of the use characteristics creates an overwhelming incompatibility with the noise contour zone within which the use is proposed to be located. If, in the opinion of the zoning administrator, one or more of the proposed use’s characteristics creates such an incompatibility, the use shall not be permitted as proposed.
2. Measures to achieve the indicated Noise Level Reduction must be incorporated if the use is a noise sensitive use. If the use is not a noise sensitive use, it is allowable without noise attenuation measures.
3. Permitted if special sound reinforcement systems are installed.
4. Residential buildings require a NLR of 25.
5. Residential buildings require a NLR of 30.
6. Residential buildings are not permitted.
7. Any use in existence at the time of adoption of this ordinance that is shown as “Not” Allowable on this table can only be reconstructed after being completely destroyed if it: meets a noise level reduction consistent with what is required for similar permitted uses in this table; and it meets all other requirements as listed in division (E) above. For this provision, land uses will be treated similarly by main SLUCM Classification and Noise Contour Zone. For example:
a. To rebuild SLUCM No.’s 1100, 1200, 1300 or 1900 in a 75 DNL Contour under this provision would require a 35dB NLR.
b. To rebuild SLUCM No.’s 4700 or 4900 in an 80 DNL Contour under this provision would require a 35dB NLR.
8. The largest NLR required for any use in this table is 35dB.
9. Manufactured homes (SLUCM No. 1400) located either within or outside of a mobile home park are exempt from the AICUZ Overlay District.
(Ord. passed 7-25-2011; Ord. 18-O-02, passed 6-11-2018)