§ 154-03.10  Land Use Waiver (AD Overlay Zone).
   (A)   If a property owner desires to develop a parcel of land with a use that is not permitted within the airport noise and accident potential zone in which the property is located, the owner may file an application for a land use waiver in accordance with procedures established in § 154-03.03 of this chapter.
   (B)   Waivers may be granted after public hearings by the Planning Commission and City Council, and upon a specific finding by the Council that the purpose of the Airport District and the zoning ordinance is preserved.
   (C)   Applications shall be filed with the Planning Division, and shall be accompanied by a detailed site plan, a detailed description of the proposed uses and their relationship to adjacent property. Applications shall be submitted under one of the two following provisions.
      (1)   Submission of a test report.
         (a)   The test report to be prepared under the supervision of a registered engineer in Arizona in accordance with accepted day-night average sound level methodology of sound measurements. Such test report shall establish the Ldn level for the requested land use as permitted by this Airport District; or
         (b)   At the option of the applicant, the applicant shall provide an accurate survey map for the petitioned property and financial assurance in a form approved by the city. Said assurance being for the sole purpose to reimburse the city for the actual cost of hiring a registered engineer to conduct the test report.
      (2)   Submission of an application, report and plans.  Submission of an application, report and plans which provide the following:
         (a)   A statement acknowledging and not challenging the noise level as indicated by the airport noise and accident potential zone map; and
         (b)   Documentation that the permitted uses within the specific noise zone and/or APZ Zone are not reasonable uses of the property because of one of the following conditions:
            1.   The permitted uses would have a detrimental effect upon adjacent property;
            2.   There are special circumstances applicable to the property  including, but not limited to, size, shape, topography, adjacent development, street access, utilities and other development constraints; and
            3.   A land use waiver, shall not be granted if the conditions which created the detrimental effect upon adjacent property or the special circumstances were established by the property owner after the adoption of the Airport District.
   (D)   A land use waiver shall not be granted for residential uses within the APZ-1, APZ-2 and clear zones.
('80 Code, App. A, § 122)  (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2010-32, passed 7-7-2010)