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2014-030 Cox Field Planned Development Airport Zoning OrdinanceORDINANCE N0. 2014 -030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PROPERTIES LOCATED IN AN AREA GENERALLY ADJACENT TO AND SOUTH AND WEST OF THE COX FIELD AIRPORT, IN THE CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AGRICULTURE (A), LIGHT INDUSTRIAL (LI), PUBLIC LANDS AND INSTITUTION (PLI), NEIGHBORHOOD SERVICES (NS), AND COMMERCIAL (C) DISTRICTS TO THE COX FIELD PLANNED DEVELOPMENT AIRPORT ZONING DISTRICT ORDINANCE, COMPRISING SUBZONES A -1, A -2, A -3, A -4, AND A -5; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Paris City Council, citizens, city staff, city boards and commissions, and the Paris business community are highly interested in the historic preservation and the enhancement of the Cox Field Airport, and WHEREAS, it is in the public interest to recognize and amplify the potential for increased economic development within the City of Paris and its surrounding region; and WHEREAS, it is nationally recognized that an airport within a municipality is typically an important economic and quality of life amenity; and WHEREAS, this Airport Zoning District Ordinance provides greater opportunity for airport- related land use, economic development, taxes, and employment opportunity than the present zoning districts within and surrounding the airport site; and WHEREAS, this Airport Zoning District Ordinance can be used as a marketing tool to enhance airport- related and other supportive land uses within the airport site as well as surrounding properties; and WHEREAS, individual discussion sessions were held regarding this Airport Zoning Ordinance with the Planning and Zoning Commission, Airport Advisory Board, and the Joint Airport /Paris Economic Development Corporation (PEDC) Subcommittee, and citizens within the corporate limits of Paris and within unincorporated Lamar County, to receive input regarding the development of this ordinance; and WHEREAS, on October 6, 2014, following notice and publication as required by law, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City Zoning Ordinance and, following said hearing, unanimously voted to hold a Joint Special Meeting with citizens invited, and with the Planning and Zoning Commission, Airport Advisory Board, and the Joint Airport /PEDC Subcommittee to discuss various land use recommendations and other elements of this Airport Zoning District Ordinance; and WHEREAS, on October 21, 2014, following notice and publication as required by law, a Joint Special Meeting was held with the Planning and Zoning Commission, the Airport Advisory Board and the Joint Airport /PEDC Subcommittee to discuss this Airport Zoning District Ordinance, and after discussion at this Joint Special Meeting, the Planning and Zoning Commission unanimously recommended that the City Council approve the revised copy of the Cox Field Planned Development Airport Zoning District Ordinance (attached hereto as Exhibit "B ").; and WHEREAS, on December 8, 2014, following notice and publication as required by law, the City Council of the City of Paris, Texas, conducted a public hearing on the proposed amendment to the City Zoning Ordinance, and having considered the recommendations of the Planning, and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the Comprehensive Future Land Use Plan of the City of Paris, consistent with the City Zoning Ordinance, and in the best interests of the public health, safety, and welfare of the citizens of the City of Paris by a vote of 7 ayes and 0 nays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the present zoning classifications of the certain tract of land located in an area generally adjacent to and south and west of the Cox Field Airport, consisting of 2,384.60 acres and more particularly described in Exhibit "A" (Legal Description), attached hereto and made a part of this Ordinance, are hereby amended from the Agriculture (A), Light Industrial (LI), Public Lands and Institution (PLI), Neighborhood Services (NS), and Commercial (C) Districts to the Cox Field Planned Development Airport Zoning District Ordinance, described as Exhibit "B ", attached hereto and made a part of this Ordinance. Section 3. That the Official Zoning Map of the City of Paris, Texas, and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone the properties in the City of Paris, Lamar County, Texas, as herein described. Section 4. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 7. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section B. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. PASSED AND ADOPTED on by the City Council of the City of Paris, in regular session on this the 8th day of December, 2014. Matt Frierson, Mayor ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent Mc , City Attorney EXHIBIT "A" LEGAL DESCRIPTION BEGINNING at a point in the Northern Right -of -way (R.O.W.) of Clarksville St./ US Hwy 271 S located approximately South 54° 55' 35" East a distance of 3,150.00 feet from the intersection of Clarksville St./ US Hwy 271 S and FM Road 1508 said point of beginning also being an "EL- shaped" corner in the current City of Paris city limits; Thence along said Northern R.O.W., North 54° 55'35" West for a distance of 6,623.41 feet to a point in said R.O.W. and the approximate centerline of an existing creek; Thence along said creek centerline as follows: North 25° 28'08" East for a distance of 603.47 feet to a point; North 19° 25'34" East for a distance of 484.06 feet to a point; North 34° 34'02" West for a distance of 110.18 feet to a point; North 13° 10'50" East for a distance of 240.17 feet to a point; North 22° 08'00" East for a distance of 179.63 feet to a point; North 30° 13'30" East for a distance of 442.88 feet to a point in the current said city limits; Thence along said city limits as follows: South 37° 35' S3" East for a distance of 230.94 feet to a point; North 880 49'0311 East for a distance of 1,847.98 feet to a point; North 02° 06'36" West for a distance of 884.56 feet to a point; North 88° 49'51" East for a distance of 1,358.27 feet to a point; North 00° 57'36" West for a distance of 999.86 feet to a point; North 88° 00'45" East for a distance of 1,550.96 feet to the beginning of a curve, Said curve turning to the right through an angle of 17° 51'33.6", having a radius of 2,380.00 feet, and whose long chord bears South 83° 03'28" East for a distance of 738.86 feet, South 74° 07'41" East for a distance of 873.91 feet to a point; South 010 24'06" East for a distance of 603.65 feet to a point; North 88° 27'22" East for a distance of 337.52 feet to a point also being an "EL- shaped" corner in the current city limits and in the East R.O.W. of Airport Rd. and the current Property Boundary of that certain tract of land owned by the City of Paris known as Cox Field Airport; Thence along said city limits and R.O.W., North 02° 25'24" West for a distance of 1,959.61 feet to a point; Thence along said city limits and said Airport Property line as follows: North 86° 41' 16" East for a distance of 3,342.15 feet to a point; South 030 02'46" East for a distance of 101.80 feet to a point; North 88° 52' 58" East for a distance of 1,516.48 feet to a point; South 44° 39'03" East for a distance of 224.27 feet to a point; North 88° 41'38" East for a distance of 990.05 feet to a point; South 540 36' 41" East for a distance of 165.41 feet to a point; South 89° 10'58" East for a distance of 733.79 feet to a point; South 53° 41'25" East for a distance of 85.30 feet to a point; South 03° 36'20" West for a distance of 144.23 feet to a point; North 89° 36'02" East for a distance of 114.22 feet to a point; South 460 33' 17" East for a distance of 173.33 feet to a point; South 010 33' 12" East for a distance of 1,531.68 feet to a point; South 88° 59' 58" East for a distance of 279.36 feet to a point; South 83° 40' 52" East for a distance of 589.68 feet to a point in the West R.O.W. of FM Road 2121; South 01° 06'48" East for a distance of 498.02 feet to a point; South 86° 06' 58" East for a distance of 225.20 feet to a point; South 02° 25'06" East for a distance of 2,250.96 feet to a point; South 89° 03' 12" West for a distance of 1,113.52 feet to a point; South 00° 57' 12" East for a distance of 3880.79 feet to a point; South 87° 33'23" West for a distance of 2,136.13 feet to a point; South 01° 06'11" East for a distance of 307.84 feet to a point; South 89° 44'50" West for a distance of 1,220.34 feet to a point; South 01° 20'34" East for a distance of 771.48 feet to a point; South 88° 08'00" West for a distance of 1,502.91 feet to a point; North 15° 39' S8" West for a distance of 621.64 feet to a point; North 520 31' 13" West for a distance of 127.61 feet to a point; South 860 06'26" West for a distance of 1,024.31 feet to a point; North 01° 31'43" West for a distance of 1,779.79 feet to a point; South 88° 13'20" West passing the most Western Southwest corner of said Airport Boundary and continuing for a total distance of 1,612.78 feet to a point in said city limits; Thence along said city limits as follows: South 01° 51'09" East for a distance of 58.28 feet to a point; South 88° 17' 52" West for a distance of 1,577.60 feet to a point; South 01° 36'06" East a distance of 846.24 feet back to the POINT OF BEGINNING and containing 2,384.60 acres; r�i Tr Au At 4 -oo93 .4Y Eh0 IN Zj� WA, r�i Tr CITY OF PARIS PAt I t Cox Field Planned Development Airport Zoning District Ordinance Prepared by the Paris, Texas, city staff November, 2014 Table of Contents PART A: GOALS AND OBJECTIVES 1. General Overall Goals and Objectives 2. Airspace Protection A. Hazards to Flight B. Wildlife Hazards a. Sanitary Landfills b. Sanitary Sewer Systems c. Stormwater Management Facilities d. Wetlands e. Agricultural Areas f. Parks, Golf Courses, Natural Resources, and Natural Areas g. Landscaping h. Other Flight Hazards i. Energy Projects 3. Land Uses of Special Concern A. Uses Having Vulnerable Occupants B. Hazardous Materials Storage C. Critical Community Infrastructure D. Open Land E. Limits on Clustering F. Avigation Easement Dedication Requirements G. Over Flight Including Noise H. Avigation Easement Dedication 1. New Heliports J. Tall Structures K. Residential L. Industrial and Manufacturing M. Institutional N. Infrastructure O. Parks and Recreation PART B: ENVIRONMENTAL EVALUATION PART C. PURPOSES OF EACH SUBZONE ♦ Subzone A.1 ♦ Subzone A.2 ♦ Subzone A.3 ♦ Subzone A.4 1 ♦ Subzone A.5 PART D: COX FIELD PLANNED DEVELOPMENT AIRPORT ZONING DISTRICT ORDINANCE REGULATIONS SECTION 1: Title and Introduction SECTION 2: Statement of Purpose and Findings SECTION 3: Short Title SECTION 4: Applicability SECTION 5: Airspace Obstruction/Height Limitation Zone (A) Establishment of Airspace Obstruction/Height Limitation Zone (B) Applicability of Height Restrictions (C) Prohibition of Air Space Obstructions SECTION 6: Airport Land Use Compatibility Zone Districts (A) Establishment of Airport Land Use Compatibility Zones (B) Applicability of Land Use Restrictions and Exemptions (C) Land Use Compatibility Standards (D) Table of Allowed Uses (E) Explanation of Table Abbreviations (F) Table of Land Uses Allowed (G) Unlisted Uses (H) Density Restrictions for Special Use Permits (I) Determination of Site Population SECTION 7: Airport Noise Zones (A) Airport Noise Impact Zone (B) Legal Description of Noise Impact Zone Boundaries (C) Permitted and Restricted Activities (D) Noise Impact Zone Sound Level Reduction Requirements SECTION 8: Official Airport Zoning Map SECTION 9: Administration— Zoning Board of Adjustment and Airport Zoning Administration (A) Airport Zoning Administration (B) Zoning Board of Adjustment SECTION 10: Treatment of Nonconforming Uses and Structures (A) General Provisions (B) Change of Tenancy or Ownership (C) Repairs and Maintenance (D) Enlargement or Expansion (E) Relocation of a Nonconforming Use (F) Changes in Use (G) Accessory Uses (H) Nonconforming Uses or Structures Abandoned or Destroyed SECTION 11: Airport Zoning Permits (A) Permit Required (B) Exceptions to Permit Requirement (C) Submittal Requirements and Decision SECTION 12: Variances (A) Variances Authorized (B) Referral to State Aeronautics Agency (C) Criteria for Variance Requests (D) Variance Conditions SECTION 13: Allowance for Hazard Markings and Lighting (A) Nonconforming Uses (B) Permits and Variances SECTION 14: Avigation Easements and Real Estate Disclosures (A) Avigation Easements (B) Real Estate Disclosures SECTION 15: Appeals (A) Right to Appeal (B) Procedure for Appeals SECTION 16: Penalties SECTION 17: Conflicting Regulations SECTION 18: Severability SECTION 19: Definitions SECTION 20: Effective Date EXHIBITS: (1) COX FIELD PLANNED DEVELOPMENT AIRPORT ZONING DISTRICT MAP (2) COX FIELD PLANNED DEVELOPMENT ZONING DISTRICT MAP ILLUSTRATING AERIAL PHOTOGRAPHY AND EXISTING LAND USE (3) COX FIELD PLANNED DEVELOPMENT AIRPORT ZONING DISTRICT MAP ILLUSTRATING THE FUTURE LAND USE PLAN (4) COX FIELD PLANNED DEVELOPMENT AIRPORT ZONING DISTRICT MAP ILLUSTRATING CURRENT ZONING APPENDIX A: AIRPORT NOISE COMPATIBLE LAND USE ZONES CHART APPENDIX B: SUPPORTIVE GRAPHICS FROM THE COX FIELD AIRPORT MASTER PLAN APPENDIX C: HELPFUL FAA SOURCES APPENDIX D: SAMPLE AVIGATION EASEMENT LANGUAGE APPENDIX E: FAA RUNWAY PROTECTION ZONES APPENDIX F: FAA FEDERAL AVIATION REGULATION PART 77 AND PROPOSED CONSTRUCTION OR ALTERATION OF OBJECTS THAT MAY AFFECT THE NAVIGABLE AIRSPACE. Part A. Goals and Objectives Because of the uniqueness of land use planning and supportive zoning of areas within the boundaries of airports, including the adjacent and surrounding environs, particular goals and objectives are required in support of safety of life and property and land use compatibility. The following goals and objectives are further supported by Federal Aviation Administration (FAA) goals, guidelines, and where applicable, legal requirements. Overall Policy Objective: Tall structures, trees, and other objects, particularly when located near airports or on high terrain, may constitute hazards to aircraft in flight. Other land use features also can create hazards to flight by attracting wildlife, causing visual impairment, or generating electronic interference. Federal regulations establish the criteria for evaluating these hazards, but the federal government does not have the authority to prevent their creation. The purpose of these airspace protection policies, together with regulations established by the state and local government, is to ensure that hazards to the navigable airspace do not occur. These are recommended elements to consider in evaluating various land uses and Goals and Objectives are not enforceable by themselves; the actual enforceable regulations are Part D: Cox Field Planned Development Airport Zoning District Ordinance Regulations. 1. Gen eral, Overall Goals and Objectives These general goals and objectives address elements that should not be allowed if they could endanger or interfere with the landing, take off, or maneuvering of an aircraft at an airport. Specific characteristics to be avoided include: ♦ Creation of electrical interference with navigational signals or radio communication between the airport and aircraft; ♦ Lighting which is difficult to distinguish from airport lighting; ♦ Glare in the eyes of pilots using the airport, sources of glare (e.g. solar glare, mirrored and /or highly reflective building features) or bright lights; ♦ Sources of steam, dust, or smoke or other impairments to visibility or pilot's vision in the airport vicinity; and ♦ Uses, which attract birds and create bird strike hazards. Bird strike and other forms of wildlife hazard have become a major concern internationally. In the United States and Canada, reduction and management of wildlife hazards are of particular concern. With regard to bird strike hazards, the FAA specifically considers waste disposal sites (sanitary landfills) to be incompatible land uses if located within 10,000 feet of a runway used by turbine - powered aircraft or 5,000 feet of other runways. Any waste disposal site located within five statute miles of an airport is also deemed incompatible if it results in a hazardous movement of birds across a runway or aircraft approach and departure paths. Caution should be exercised with regard to certain other land uses — including golf courses and some agricultural crops —in these locations to ensure that wildlife hazards do not result. Furthermore, federal statutes (49 U.S.C. §44718(d)) now prohibit new "municipal solid waste landfills" within six miles of airports that: (1) receive FAA grants, and (2) primarily serve general aviation aircraft and scheduled air carrier operations using aircraft with less than 60 passenger seats. 4 A landfill can only be built within six miles of this class of airports if the FAA concludes that it would have no adverse effect on aviation safety (FAA- 2000b). ♦ Sources of steam or other emissions that cause thermal plumes or other forms of unstable air that is not visible to pilots; ♦ Sources of electrical interference with aircraft communications or navigation; and ♦ Any proposed use that creates an increased attraction for wildlife and that is inconsistent with FAA rules and regulations. Of particular concern are landfills and certain recreational uses or agricultural uses that attract flocks of birds which can pose as bird strike hazards to aircraft in flight. 2. Airspace Protection Compatibility strategies for the protection of airport airspace are relatively simple and are directly associated with the individual types of hazards: ♦ Airspace Obstructions: Buildings, antennas, other types of structures, and trees should be limited in height so as not to pose a potential hazard to flight. ♦ Wildlife and other Hazards to Flight: Land uses that may create other types of hazards to flight near an airport should be avoided or modified so as not to include the offending characteristic. A. Hazards to Flight Hazards to flight fall into three basic categories: ♦ Obstructions to the airspace required for flight to, from, and around an airport; ♦ Wildlife hazards, particularly bird strikes; and ♦ Other forms of interference with safe flight, navigation, or communication. B. Wildlife Hazards A variety of land uses, facilities, and structures on and near airports can create wildlife hazard attractants that pose a threat to aircraft operations. Examples of these include; sanitary landfills, water management facilities (e.g., drinking water intake and treatment facilities, storm water and wastewater treatment facilities, and ponds built for recreational use), wetlands, agricultural areas, natural areas, and landscaping. Airport owners are encouraged by the FAA to assess potential wildlife hazard attractants on and near airports and to work with local land use planners to avoid the establishment of non - compatible land uses. The following sections provide examples of land uses that typically possess features that act as attractants for hazardous wildlife. a. Sanitary Landfills and/or Other Waste Disposal Facilities Sanitary landfills can create wildlife hazard attractants. Federal regulations and guidance apply to locating and /or expanding these types of facilities near airports. b. Sanitary Sewer Systems Open water sanitary sewer systems may create a wildlife hazard attractant due to the aquatic environment that is created with such facilities. New open sanitary sewer systems should be strongly discouraged within the separation distances described by the FAA. C. Stormwater Management Facilities A variety of stormwater management facilities are utilized to retain and treat stormwater run -off. Aboveground stormwater facilities may consist of open water features, canal or water conveyance structures, marsh areas, dry detention, and littoral zone areas. Due to the aquatic and vegetative environments associated with these structures, jurisdictions should avoid placement of these features within airport operations area as a minimum measure to decrease potential wildlife hazard attractants. However, it may not be practical to avoid the use of stormwater facilities within the separation criteria described by the FAA. d. Wetlands Wetlands are often used as forms of mitigation for projects on or near airports. However, wetlands are typically considered wildlife attractants. FAA recommends that wetland conservation, preservation, or mitigation is strongly discouraged on airport property or near airports. e. Agricultural Areas Many types of agricultural areas are considered wildlife hazard attractants due to the presence of livestock and an available food source for wildlife. FAA discourages agricultural activities, including hay crops, on or near airport property. If an agricultural area off airport property is determined to create a wildlife hazard attractant, airport operators, land owners, and local land use planners should work collaboratively to develop a strategy to decrease the potential risk to aircraft safety. For example, small mammals can be attracted to planted fields of row crops that provide cover. Large predatory birds are often attracted to these same areas because of the presence of the small mammals, birds, and rodents that hide in and feed on the crops and neighboring tall grasses. This can create a detrimental cycle of wildlife attractants that may lead to wildlife and bird strikes by approaching and departing aircraft. Open water bodies provide wildlife and birds with opportunities to drink, bathe, feed, roost, and seek protection from predators. A significant aviation concern with open water is its attractiveness to waterfowl such as geese. Coordination between an airport and local natural- resource agencies may result in the identification of specific species of wildlife, birds, and waterfowl that are hazards to the airport, as well as the development of a management plan for specific species indigenous to an airport's vicinity. Distinguishing characteristics of an airport and the associated wildlife in the area should be identified to address compatibility in a comprehensive manner. 11 f. Parks, Golf Courses, Natural Resources, and Natural Areas According to the FAA, parks, golf courses, natural resources, and natural areas have the potential to create wildlife hazard attractants on or near airports. These areas may provide wildlife corridors, roost sites, rookeries, migratory flyway stop over sites or numerous other functions that may benefit wildlife but, due to their location, may create situations where wildlife are crossing airspace for approach, departing, or training aircraft. These activities may occur well above ground level and out of reach for airport operators to deter the activity. Furthermore, parks or golf courses, which often possess features that act as attractants to hazardous wildlife (e.g., open sources of garbage, water features, etc.), should be avoided in the approach/departure paths of an airport; particularly in close proximity to the runway ends. Alternatively, parks, golf courses, and certain types of natural areas are, in most cases, preferable to intensive development in the vicinity of airports. In order to prevent the creation of hazardous wildlife attractants, it is recommended that provisions are built into requiring the creation of wildlife hazard management plans, if a land use of this type is proposed within an airport area. g. Landscaping Certain types of landscaping materials and designs may create wildlife hazard attractants on and near airports. Landscape architects could include guidance on appropriate plants to be used for landscaping of new land uses within an airport area in order to prevent or limit the attraction of hazardous wildlife. This landscape palette could be used to provide guidance to new developments proposed within an airport area. h. Other Flight Hazards In addition to the physical hazards to flight posed by tall objects and wildlife, other land use characteristics can present visual or electronic hazards: ♦ Visual Hazards — Visual hazards include distracting lights (particularly lights which can be confused with airfield lights), glare, and sources of smoke and dust. Also, policies should require that outdoor lights are shielded so that they do not aim above the horizon. Additionally, for projects near the airport, outdoor lighting should be flight checked at night to ensure that it does not blind pilots during landings and takeoffs. Also, lights arranged in a linear pattern can be mistaken for airport lights denoting operational areas. ♦ Electronic Hazards — Electronic hazards include any uses that interfere with aircraft instruments or radio communication. Additionally, wind - turbine farms have been known to interfere with air traffic control (ATC) or military air defense radar. (This author has previously personally met with U.S. Air Force and U.S. Navy pilots who have expressed concern regarding this matter.) ♦ Thermal Hazards — Thermal plumes, heat plumes, including steam, from cooling towers, even when not a visual hazard, may be a hazard to flight by causing air turbulence. There are no specific FAA standards for these hazards. Potential hazards are evaluated on a case - by -case basis. ALUCs can request an FAA evaluation of proposed development when certain features appear to be potentially hazardous. ri i. Energy jects Energy projects that may otherwise be considered compatible uses (due to their low density and high noise tolerance) may require additional review to consider the issues presented above. It should be kept in mind that a number of states have laws that encourage the development of alternative energy sources (including wind, solar, and geothermal) where appropriate. Airport land use compatibility should be one of the factors considered in the appropriate placement of these facilities. 3. Land Uses of Special Concern Certain types of land uses represent special safety concerns irrespective of the number of people associated with those uses. Land uses of particular concern and the nature of the concern are listed below. a. Uses Having Vulnerable Occupants These uses are ones in which the majority of occupants are children, elderly, and /or disabled — people who have reduced effective mobility or may be unable to respond to emergency situations. The primary uses in this category are: i. Children's schools (grades K -12). ii. Day care centers. iii. Hospitals, health care centers, and similar facilities, especially where patients remain overnight. iv. Nursing homes. v. Inmate facilities. vi. Senior assisted living facilities. vii. Other institutional living facilities. b. Hazardous Materials Storage Materials that are flammable, explosive, corrosive, or toxic constitute special safety compatibility concerns to the extent that an aircraft accident could cause release of the materials and thereby pose dangers to people and property in the vicinity. Facilities in this category include: i. Facilities such as oil refineries and chemical plants that manufacture, process, and /or store bulk quantities of hazardous materials generally for shipment elsewhere. ii. Facilities associated with otherwise compatible land uses where hazardous materials are stored in smaller quantities primarily for on -site use. c. Critical Community Infrastructure This category pertains to facilities the damage or destruction of which would cause significant adverse effects to public health and welfare well beyond the immediate vicinity of the facility. Among these facilities are: i. Emergency services facilities such as police and fire stations. 8 ii. Emergency communications facilities; power plants, and other utilities. d. Open Land In the event that a small aircraft is forced to land somewhere other than at an airport, the risks to the people on board can best be minimized by providing as much open land area as possible within the airport vicinity. This concept is based upon the fact that the majority of aircraft accidents and incidents occurring away from an airport runway are controlled emergency landings in which the pilot has reasonable opportunity to select the landing site. a. To qualify as open land, an area should: i. Be free of most structures and other major obstacles such as walls, large trees or poles (greater than 4 inches in diameter, measured 4 feet above the ground), and overhead wires. ii. Have minimum dimensions of approximately 75 feet by 300 feet (0.5 acres). b. Open land areas should be oriented with the typical direction of aircraft flight over the location involved. c. Roads and automobile parking lots are acceptable as open land areas if they meet the above criteria. d. Open land criteria for each safety zone are most appropriately applied with respect to the entire zone. Individual parcels may be too small to accommodate the minimum -size open area requirement. Consequently, the identification of open land areas must initially be accomplished at the general plan or specific plan level or as part of large (10 acres or more) development projects. e. Clustering of development, and providing a contiguous landscaped and parking area is encouraged as a means of increasing the size of open land areas. f. Building envelopes and the airport safety zones should be indicated on all development plans and tentative maps for projects located within the Cox Field Airport influence area. Portraying this information is intended to ensure that individual development projects provide the open land areas identified in the applicable general plan, specific plan, or other large- scale plan. Limits on Clustering As used in these Goals and Objectives, "clustering" refers to the concentration of development (measured in terms of dwellings or people per acre) into a portion of the site, leaving other portions of the site relatively less developed or as open land. To a degree, clustering of development is desirable from an airport land use safety compatibility perspective in that more places where an aircraft can attempt an emergency landing would then potentially remain. However, clustering poses the risk that an out -of- control aircraft could strike the location where the development is 0 clustered. To guard against this risk, limitations on the maximum concentrations of dwellings or people in a small area of a large project site are appropriate. Public assembly uses related to clustering: "Public assembly" uses include, but are not limited to, churches, hospitals, schools, theaters, stadiums, hotels, motels, campgrounds, and other similar uses. f. Avigation Easement Dedication Requirements Dedication of an avigation easement should be required as a condition for approval of any proposed development situated within the airport property or in the area of the airport. g. Overflight Including g oise: Policy Objective: Noise from individual operations, especially by comparatively loud aircraft, can be intrusive and annoying in locations beyond the limits of the mapped noise contours. Sensitivity to aircraft overflights varies from one person to another. The purpose of overflight compatibility policies is to help notify people about the presence of overflights near airports so that they can make more informed decisions regarding acquisition or lease of property in the affected areas. Overflight compatibility is particularly important with regard to residential land uses. At times, noise is considered to be the key factor affecting or limiting airport operations, since it is the impact most often noticed by individuals living near an airport. Aircraft operations can create sound levels that produce annoyance in communities near airports, as well as affect speech, sleep, and classroom learning. These annoyances are of concern as they affect the quality of life for residents near an airport. Where disclosure is required, the following statement could be provided: NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. h. Avigation Easement Dedication As a condition for approval of projects requiring avigation easements, the property owner shall be required to dedicate an avigation easement to the Cox Field Airport Owner, i.e., the City of Paris, TX. The avigation easement shall: i. Provide the right of flight in the airspace above the property; ii. Allow the generation of noise and other impacts associated with aircraft overflight; 10 iii. Restrict the height of structures, trees and other objects in accordance with the airspace protection policies and the Cox Field Airport Master Plan and the Goals and Objectives stated herein; iv. Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and v. Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property. Sample avigation easement language is included as Appendix D in this document. New Heliports If a heliport should be proposed for construction within the airport property, or area around the airport, or the area associated with this Cox Field Planned Development Airport Zoning District Ordinance, it should be reviewed for compatibility with surrounding land uses. Tall Structures As described in Federal Aviation Regulations (FAR) Part 77, safety planners designate imaginary surfaces that identify the areas that need to be clear of obstacles or obstructions that penetrate the approach and departure paths for aircraft landing or taking off at airports, or that are in other areas close to the airport. It is critical to prohibit tall structures within these imaginary surfaces. Low - level flight occurs on or near an airport during approach and departure, as well as during flights such as crop dusting and search and rescue operations. Collisions with tall structures during any stage of flight are obviously detrimental to the safety and welfare of those in the aircraft and those on the ground. Tall structures include buildings, objects, and natural vegetative growth, such as trees. Since they adversely affect approach corridors and instrument approach altitudes, tall objects such as multistory structures, power lines, wind turbine farms, radio tower structures and telecommunication towers, or tall trees should be discouraged near airport traffic patterns and flight paths. The risk to aircraft safety associated with tall structures can be minimized if structures are clearly marked with lighting and if the airport issues a Notice to Airmen (NOTAM) to pilots. k. Residential As urban population continues to rise, residential land -use development often encroaches upon what was once open space surrounding airport property. Encroachment jeopardizes public safety and airport viability. An increase in the number of housing developments, bright streetlights, water detention ponds, and concentrations of people can be a detriment to aircraft and public safety. Industrial and Manufacturing Industrial parks or areas designated to house industrial activities were historically home solely to industrial uses. Today, however, industrial parks are often a mix of industrial businesses, 11 manufacturing facilities, office parks, and research and development complexes. Occasionally even hotels, restaurants, and retail activities have developed along the fringes of industrial parks to provide support facilities and stimulate economic development within these areas. Industrial and manufacturing land uses can induce activities such as materials processing and assembly, lumber and wood product manufacturing, paper and allied product manufacturing, petroleum refining and related processing, primary metal manufacturing, product manufacturing, and storing of finished products. Each use has unique compatibility concerns, including the size of the facility, secondary uses, and height of the proposed development, each of which should be considered by the FAA and planners within the communities near an airport. Industrial and manufacturing areas are typically encouraged within a community as a means to attract business, increase business tax -base and employment levels, and enhance economic benefits to the community. These areas are often located in proximity to major transportation arteries such as highways, interstates, railroads, and airports in order to provide intermodal connectivity. Transportation arteries are critical for companies to increase productivity and allow for just -in- time delivery options that are prevalent in the current economy. m. Institutional Institutional land uses typically should not be located on or near an airport due to noise sensitivity and the risk associated with a concentration of people. Such land uses include but are not limited to places of worship, day care and elder care centers, hospitals, health care facilities, and educational facilities. These types of facilities may contain people who are unable to care for themselves, making evacuation difficult in the event of an aircraft accident. Institutional land uses can also contain large parking lots and water detention areas that can contribute to light- emission and wildlife- attractant concerns. n. Infrastructure Infrastructure facilities that are particularly relevant to aviation concerns include cellular - communication towers, water towers, and wind farms. General compatibility concerns are noted below; however, particular concerns should be assessed prior to construction within the vicinity of an airport. The growing popularity of cellular communication has prompted the construction of an abundance of towers around the nation. Cellular communication towers have appeared and continue to multiply in business parks, in industrial and shopping -mall areas, and along the national highway infrastructure. As a result, such towers have become a significant concern when evaluating height issues near airport environs. These towers can affect aircraft during low -level flight, approach, and departure. Wind farms are becoming increasingly prevalent as the capture and use of renewable energy gain momentum in the United States. Wind farms generally contain numerous wind turbines that are typically very tall and cover a sizable area. Wind farms can also cause potentially hazardous conditions for air - traffic controllers if they create clutter on radar screens, which increases the difficulty of recognizing aircraft. o. Parks and Recreation In general, potential noise impacts, congregations of people, and wildlife attractants are the 12 primary concerns for land uses in this category. Land uses that can create such concerns include but are not limited to racetracks, sports arenas, golf courses, casinos, traditional parks, sport parks, campgrounds, and playgrounds. These facilities often include large parking lots and extensive lighting and generate high concentrations of people and wildlife attractants, all of which are not compatible with airport uses. Casinos represent another growing recreational land use. Casinos typically have large facilities that may accommodate a significant number of people. Moreover, casinos often have large parking lots as well as extensive lighting and large flashing billboards to announce events. Casinos may have restaurants that attract wildlife due to food in trash receptacles and litter in the parking lots, as well as roosting areas on rooftops and light poles. Golf courses were previously considered to be an airport- compatible land use because of their large open spaces, low concentrations of people, and minimal lighting requirements. However, golf courses do have manicured lawns, trees, grasses, and water bodies that can attract birds, rodents, and wildlife to the area to feed, nest, rest, or roost. Consequently, golf courses are now determined to be an incompatible use. In addition, due to the cleared open areas on a golf course, noise from aircraft operations has a tendency to carry for long distances, causing a quality—of —life issue for residents surrounding both the airport and the golf course. More traditional parks and recreational activities such as camping and playgrounds also have quality -of -life impacts due to aircraft noise and hazards associated with aircraft accidents. Parks generally contain groups of people and attract wildlife due to litter on the ground. All parks and recreational land uses are discouraged within the vicinity of an airport. Part B. Environmental Evaluation City of Paris staff and city officials are committed to the protection, preservation and enhancement of environmental elements in all areas both within the corporate limits, ETJ, and as applicable, other environs that impact and /or are impacted by the City of Paris. In that regard, staff will evaluate developments regarding environmental components, and it is strongly recommended that representatives from the development community review and evaluate the following documents as they relate to this Cox Field Planned Development Airport Zoning District: ♦ Cox Field Airport Master Plan (Approved May, 2011) See Appendix C, Environmental Overview regarding discussion of environmental impacts, including comments entitled Compatible Land Use. ♦ Environmental Checklist (Approved December, 2013) This checklist, of course, addresses a number of the environmental components discussed in the Cox Field Master Plan mentioned above, but also includes additional man -made and natural environmental elements as well. 13 ♦ The City of Paris Comprehensive Plan (Adopted 2001) This document discusses environmental relationships to the City of Paris Part C. Purposes of Each Subzone ♦ Subzone A.1: Purpose: This subzone consists of all of the existing and proposed Cox Field Airport property. The specific areas recommended for development within this subzone are identified as the "CIR- Commercial /Industrial /Release" property, as illustrated on the Cox Field Airport Land Use, sheet 2 of 2 graphic, within the Cox Field Master Plan. Specifically, this development area is recommended for airport- related and airport- supported land uses. Examples include, but are not necessarily limited to, airport services, storage, manufacturing, transportation, aircraft paint and body work, avionics, repairs, aircraft maintenance and /or aviation instruction, fuel, retail, and restaurant uses. Further, the Cox Field Master Plan (approved in May, 2011) particularly illustrates this development area on Exhibit 5A, the Recommended Master Plan Concept. Also, the section in this plan entitled Landside Development Plan, begins on page 5 -10, and also states the following recommended uses on the CIR properties: aircraft storage hangars, fuel storage facilities, vehicle parking lots, and non - aviation related development (which would enhance the airport's financial position). ♦ Subzone A.2: Purpose: The purpose of this subzone is to establish airport- related manufacturing uses, in addition to a variety of retail uses that could utilize the airport function. ♦ Subzone A.3: Purpose: The purpose of this Subzone is to establish light industrial uses, including, but not limited to storage facilities, and other uses that may not necessarily be related to, or dependent upon, airport or aircraft services. ♦ Subzone AA: Purpose: The purpose of this Subzone is to establish a mixture of commercial, industrial and /or office- research- development uses that can serve as opportunities for shopping, recreation, and employment for Paris and the region, in addition to property and tax base revenues for Paris entities. ♦ Subzone A.S: Purpose: The purpose of this subzone is to provide traditional commercial uses that have historically been evident in the City of Paris Commercial Zoning District, with the exception of land uses that are deemed incompatible with the close proximity of both of the existing and proposed Cox Field Airport property boundaries. In addition, certain retail and other uses that are currently in the Paris Zoning Ordinance are recommended to provide land uses, goods, and/or services that could also support the basic airport zones of A -1, A -2, A -3, and A -4. The boundary of this A -5 district extends along the 14 north side of the Clarksville St. corridor, with a depth of six - hundred feet (600) from the north side and adjacent to the Clarksville St. right -of -way. Part D:Cox Field Planned DevelopmentAirport Zoning District Ordinance Regulations SECTION 1: TITLE AND INTRODUCTION COX FIELD PLANNED DEVELOPMENT AIRPORT ZONING DISTRICT ORDINANCE An ordinance regulating and restricting the use of property within and in the vicinity of the Cox Field Municipal Airport by creating the appropriate zones and establishing the boundaries thereof; providing for regulations within this Ordinance; and referring to the Cox Field Airport Master Plan (approved by the Paris, Texas city council on May 9, 2011) that is incorporated by reference in and made a part of this ordinance. SECTION 2: STATEMENT OF PURPOSE AND FINDINGS The City of Paris, Texas, hereby finds and declares that: (1) The Cox Field Municipal Airport is an essential public facility. (2) An airport hazard endangers the lives and property of users of the Cox Field Municipal Airport, and property or occupants of land in its vicinity, and also if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Cox Field Municipal Airport and the public investment therein. (3) The creation or establishment of an airport hazard is a threat to public health, safety, and welfare of the jurisdictions served by the Cox Field Airport. (4) For the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards or inappropriate land uses. (5) It is a purpose to aid in ensuring the prevention or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards. SECTION 3: SHORT TITLE This Ordinance shall be known as "Cox Field Planned Development Airport Zoning District Ordinance," and is referred to as "this Ordinance" in the following sections. 15 SECTION 4: APPLICABILITY This Ordinance shall apply only to those parcels of land shown on the Cox Field Planned Development Airport Zoning District Ordinance Map, which is attached to this Ordinance as an Exhibit SECTION 5: AIRSPACE OBSTRUCTION/HEIGHT LIMITATION ZONE (A) ESTABLISHMENT OF AIRSPACE OBSTRUCTION/HEIGHT LIMITATION ZONE (1) An airport obstacle/height limitation zone is established to carry out the purposes of this Ordinance, as set forth in Section 2 above. More specifically, the airport obstacle/height limitation zone regulations in this Section restrict the height of structures and objects that may be hazardous to the operational safety of aircraft operating to and from the Paris, Texas Cox Field Airport, and within all the subzones of this Paris, Texas Cox Field Planned Development Airport Zoning District. (2) The boundary of the airport obstacle/height limitation zone shall be the full extent of the area described by all of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance as applied to the Cox Field Airport, and within all the subzones of this Cox Field Planned Development Airport Zoning District Ordinance. (B) APPLICABILITY OF HEIGHT RESTRICTIONS (1) The height restrictions of this Section 5 shall apply to all properties located within the airspace obstruction/height limitation of the subzones established in Section 5(A) above. (C) PROHIBITION OF AIR SPACE ZONE OBSTRUCTIONS (1) General Height Restrictions Except as otherwise provided in this Ordinance, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in the airspace obstruction/height limitation zone so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance. Where an area is covered by more than one height limitation, the more restrictive height limitation shall apply. (2) Height Exceptions and Variances Height exceptions or variances may be permitted only when supported in writing by the airport sponsor and the FAA. Applications for height variances shall follow the procedures for other variances stated in Section 12 of this Ordinance and shall be subject to such conditions and terms as recommended by the FAA. (3) Conflicting Regulations When the height limitations of the applicable zone district are more restrictive than those of this Ordinance, the applicable zone district height limitations shall apply and control. SECTION 6: AIRPORT LAND USE COMPATIBILITY ZONE DISTRICTS 16 (A) ESTABLISHMENT OF AIRPORT LAND USE COMPATIBILITY ZONES (1) The following five airport land use compatibility zones, or airport subzones, are established to carry out the purposes of this Ordinance, as set forth in Section 2 above. More specifically, the five airport land use compatibility zones regulations in this Section restrict uses that may be hazardous to the operational safety of aircraft operating to and from the Cox Field Airport. The zones furthermore limit population and building density in the runway approach area to avoid concentrations of people and create sufficient open space to protect life and property in case of an accident. Additionally, the zones restrict uses that would be adversely affected by airport operational impacts, such as noise, if placed in the respective zone with or without mitigation measures. All of the zones are also subject to the standards of Section 6 (C) (3), General Performance Standards. (B) APPLICABILITY OF LAND USE RESTRICTIONS AND EXEMPTIONS (1) The land use compatibility standards of Section 6 (C) shall apply to all properties located within one or more of the airport land use compatibility zones, also known as sub — zones, established in Section 6 (A) above. (C) LAND USE COMPATIBILITY STANDARDS (1) Intent This Section's land use compatibility standards restrict uses that may be hazardous to the operational safety of aircraft operating to and from the Cox Field Airport, and to limit population and building density in the runway approach areas, avoid concentrations of people, and create sufficient open space to protect life and property in case of accident. (2) Applicability a. The land use compatibility standards in this Section shall apply to all activities and uses of land located in one or more of the airport land use compatibility zones, or sub — zones, established in Section 6 (A). b. In addition, the general performance standards of Section 6 (C) (3) shall apply to all uses that may otherwise be exempt from the land use compatibility standards. (3) General Performance Standards Applicable to All Uses in All Zones. Subject at all times to the height restrictions set forth in Section 5, all uses made of any land in any of the airport land use compatibility zones defined in Section 6 (A) shall comply with all of the following performance standards, as applicable: a. Outdoor Lighting No use shall project lighting directly onto an existing runway or taxiway or into existing airport approach and landing paths except where necessary for safe convenient air travel. Lighting for any new or expanded use shall incorporate shielding in their designs to reflect light away from airport approach and landing 17 paths. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. b. Glare No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within airport approach and landing paths or on nearby lands where glare could impede a pilot's vision. c. Industrial Emissions No agricultural, industrial, mining or similar use, or expansion of an existing agricultural, industrial, mining, or similar use, shall, as part of its regular operations, cause emissions of smoke, dust, or steam that could obscure visibility of pilots, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approved conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility. d. Communications Facilities and Electrical Interference 1. No use shall cause or create electrical interference with navigational signals or radio communications operated on the airport or operated between an airport and aircraft. Proposals for the location of new or expanded radio, radio- telephone, and television transmission facilities and electrical transmission lines shall be coordinated with FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located within an airport land use compatibility zone established according to Section 6 (A) of this Ordinance, shall be conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to ensure this result. Proof of as— constructed height shall be required by the approving body to ensure the construction of the structure was done in compliance with the submitted plans and does not exceed the heights as noted in Section 5. e. Water Impoundments and Wildlife Attractants 1. Any use or activity that would result in the establishment or expansion of a water impoundment shall comply with the requirements of this subsection. This subsection shall not apply to: a. Stormwater management basins established by an airport. b. Seaplane landing areas within an airport. c. Wetland mitigation, creation, enhancement, or restoration projects located outside the five subzones, provided they are located, designed, and maintained in perpetuity to avoid creating a wildlife hazard or increasing hazardous movements of birds across runways or in approach and departure paths. 18 2. No new or expanded water impoundments of one — quarter (1/4) acre in size or larger are permitted: a. Within any of the five subzones and within 5,000 feet from the end or edge of a runway, whichever is greater; or b. On land owned by the airport sponsor that is necessary for airport operations. 3. The establishment of a new water impoundment one —quarter (1/4) acre in size or larger within any of the five subzones is allowed only with the prior approval of an airport zoning permit and subject to the following conditions: a. The City Council of the City of Paris, Texas, shall be the final decision — making body on the airport zoning permit application rather than the Planning Manager. b. Prior to filing its application, the applicant shall coordinate with the airport sponsor, and the FAA regarding the proposed water impoundment and its short and long —term potential to significantly increase hazardous movements of birds feeding, watering, or roosting in areas across runways or airport approach and departure paths and proposed mitigation. As reasonably necessary to determine the potential for significant bird strike hazards, the applicant may be required to submit a bird strike study for these agencies review and comment. c. An application for an airport zoning permit according to Section 11 shall not be deemed complete for review purposes until the applicant has filed with the City of Paris a final bird strike study, as applicable, addressing comments from agencies as listed in subsection b. above. If a bird strike study was not required, an application for an airport zoning permit shall not be deemed complete until the applicant submits correspondence or other sufficient proof demonstrating agreement among the agencies that no bird strike study is required and no unmitigated significant bird strike hazard will result from approval of the permit. d. In addition to the review criteria stated in Section 11, the Paris City Council shall approve an airport zoning permit for a new water impoundment only if it makes all of the following findings: i. The proposed water impoundment, taking into consideration any proposed or recommended mitigation measures, will not significantly increase the risk of bird strike hazards to air navigation. ii. Proposed mitigation measures are based on accepted technology and industry practices, and have been demonstrated to be effective, reliable over time, and affordable to implement. iii. The applicant has demonstrated an ability to pay for necessary short—term and long —term mitigation measures, and to ensure the M] perpetual implementation, monitoring, and maintenance of such measures. e. Fire and Explosion Hazards No use or structure shall promote concentrations of flammable substances or materials. f. Other Hazards to Aircraft Operations In addition to the specific prohibitions stated in this subsection (4), no use or structure shall otherwise endanger the landing, taking off, or maneuvering of aircraft. 4. Use Restrictions in the Airport Land Use Compatibility Zones a. Applicability 1. General Rule The land use compatibility standards of this subsection 4 shall apply to all properties located in the specified airport land use compatibility zone, or subzone. 2. Applicability of Regulations to Properties Located in More than One Zone If a single parcel is located in more than one airport land use compatibility zone, the applicable zone use restrictions shall apply only to the portion of the property located in that zone. For example, if a property under single ownership is located half in Zone A -1 and half in Zone A 2, the half located in Zone A -1 is subject to the use restrictions applicable in Zone A -1, and the half located in Zone A -2 is subject to the applicable Zone A -2 use restrictions. (D) Table of Allowed Uses: (1) Table I sets forth the categories and types of uses allowed within the respective airport land use compatibility zones, i.e., the Cox Field Planned Development Airport Zoning District. (E) Explanation of Table Abbreviations: (1) Incompatible Uses ( "O ") "O" in a table cell means the specific use is incompatible in that subzone. (2) Compatible Uses ( "C") "C" in a cell indicates that the use type is compatible and permitted by right in the respective zone. Compatible and permitted uses are subject to all other applicable regulations in this Ordinance, including without limitation the air space obstruction regulations; noise compatibility restrictions; general performance standards; and waste disposal facility siting standards. (3) Special Use Permits (SUP's) "SUP" in a cell means the specified use may be made compatible in that zone when: Special Use Permit requirements to approve such a use are met; and the staff, Planning and Zoning Commission, and City Council shall find that the use is compatible with the subzones of the Cox Field Planned Development Airport Zoning District; will be 20 compatible with airport operations; and that the use, if approved, is consistent with the Goals and Objectives of this Ordinance. As reasonably necessary to aid in the decision - making body's determination, the applicant shall submit substantial evidence, including studies and reports prepared by qualified professionals, to support the application for approval of said Special Use. This may include, but is not limited to an FAA Form 7460 -1, bird strike studies, and noise studies. (4) Conditions Required to Achieve Compatibility A use may be subject to applicable conditions in order to achieve compatibility within the Cox Field Planned Development Airport Zoning District. A number entered with the table entry refers to one or more conditions described in the last column of the table titled "Conditions Required to Achieve Compatibility." For example, if a table cell shows "CC -1" as the entry, the condition numbered "1" in the last table column applies to that use in that zone. The decision - making body may consider approval of the use if it complies with all stated conditions in Table I, but other additional conditions may also be required based on consideration of the public health, welfare, and safety. (F) TABLE OF LAND USES ALLOWED (1) Table of Land Uses Allowed in the Airport Land Use Compatibility Zones, which are the subzones of the Cox Field Planned Development Airport Zoning District: The following TABLE I- states the compatible, SUP, and incompatible uses in the five airport land use compatibility zones, or subzones. 21 TABLE I: AIRPORT LAND USE COMPATIBILITY BY ZONE Compatibility Subzones Conditions Required to Possibly Achieve Zone Zone Zone Zone Compatibility Use Categories and Specific Use Types: A -1 A -2 A -3 A-4 O = Incompatible use C = Compatible use SUP = Special Use Permit: May be made compatible through compliance with indicated conditions. GENERALLY PROHIBITED USES AND ACTIVITIES IN ALL ZONES Uses that create large areas of standing water 0 0 O O Uses that create electrical, navigational, or radio interference between airport and aircraft. Telecommunication and radio tower structures are 0 O O O prohibited. Uses (or structures) that emit fly ash, dust, vapor, gases or other emissions 0 0 O O Uses that foster an increase in bird population 0 0 O 0 Use, device, structure that causes difficulty in distinguishing airport lights (billboards, 0 O 0 O lights, signs) Use, device, structure that causes glare or impairing pilot visibility 0 0 O O Uses or structures that promote concentrations of flammable substances or materials. This includes uses that represent significant fire or explosion hazards, 0 O O O including fuel storage tank farms, above ground fuel tanks, and gasoline stations. EXISTING STRUCTURES AND USES IN ALL ZONES Existing residential structures, including residential is Existing structures may remain unless accessory structures C -1, 2 C -1, 2 C-1, 2 C -1, 2 determined to pose an imminent danger to public safety. Existing non - residential uses C -1, 2 C -1, 2 C -1,2 C-1, 2 2: Existing structures that do not meet the applicable standards for a new use are subject to Existing trees that exceed the height limitations of this 0 O O O Section, Treatment ofNon- conforming Ordinance Structures and Uses. NEW RESIDENTIAL AND ACCOMMODATION USES Residential Uses Single Family, Two - Family, Duplex 0 O O O Dwellings Multi- Family Dwellings 0 C C O Nursing Homes and Other Group Living 0 0 O O Permanent Mobile Home Parks and Courts O O O O Accommodation Uses Hotels & motels 0 C C SUP Transient mobile home parks courts (RV Parks) or O O O 0—] lodgings NEW PUBLIC, CIVIC, AND INSTITUTIONAL USES Educational Uses Schools and Other Educational Services 1 O 1 O 1 O 1 O Day Care Facilities O O O O Institutional and Assembly Uses Correctional Institutions 0 O O O 1: Limit density. 2. Construct to reduce interior noise to safe level. Government Offices 0 SUP - 1 SUP- 1 C Hospitals O O O O Libraries 0 O SUP- 1 C 22 Religious or Cultural Assembly Uses O O SUP- SUP -2 Outdoor or Indoor 1 Other Miscellaneous Public, Civic, or O SUP- 1 SUP- 2 Institutional Uses Not Specifically Listed I JSUP- 1,2 Other Public Uses Cemeteries 1: No buildings, structures, or other above- ground SUP-] C C C objects hazardous to airport operations are allowed. Parks and Nature Exhibitions 1: Limit density per Section 6 (H). SUP -2, SUP- SUP- 3 C 2: No public facilities, above - ground structures, 3 1,3 spectator facilities, or parking allowed 3: Minimize wildlife attractants. NEW COMMERCIAL USES Business and Professional Offices Medical & Other Health Care Offices Or Clinics O JSUP- 1 SUP -1 I C 1: Limit density. All Other Business and Professional Offices O SUP -I SUP -I I C Retail Sales or Services Shopping Malls and Centers O O O SUP -1 1: Limit density. All Other Retail Sales or Service Uses, Including O C -1 C C Repairs and Personal Services Eating and/or Drinking Establishment Eating and drinking places O C C C 1: Limit density. Amusement, Entertainment, and Recreation Establishments Fairgrounds, Amusement Parks, Theaters, 1: Limit density. Amphitheaters, and All Other Amusement, O O SUP -1 SUP -1 2: No spectator facilities, clubhouses, or locker Entertainment, and Recreation Establishments Not rooms allowed. Soccificallv Listed Indoor or Outdoor 3: Minimize bird and wildlife attractants. 4: No public facilities or parking allowed. Golf Courses, Driving Ranges, Riding Stables and Water Recreation Establishments O O O SUP -1,3 Recreational Vehicle Accommodations And Campgrounds O O O C Zoos O O O O Vehicle Sales, Rental, or Service Establishment Vehicle Body Repair Shops, Parts and O C -1,2,3 C -1 C 1: Limit density. Supply Distributors, Sales and Service 2: Allow only if accessory to rental and related sales. Automobile Rental/Leasing Agencies SUP -1,3 C -1 C -1 C 3: Subject to airport approval. NEW INDUSTRIAL, WHOLESALE TRADE AND STORAGE USES Manufacturing, Assembly, or Processing Uses Chemicals and Allied Production, Liquefied and 1: Limit density. Bottled Gas Production or Distribution, Rubber and O SUP SUP SUP 2: Review for compliance with general Misc. Plastics Manufacturing, Primary Metal performance standards in Section 6 (C)(3). Industries Fabricated Metal Production Explosives and Pyrotechnic Production O O O O General Industry ,Heavy — Not Otherwise O SUP -1,2 SUP -1,2 SUP -1,2 Listed General Industry, Light — Not Otherwise SUP -1,2 C C C Listed Mail Order House O C C C Mini - Storage Warehouse O C C C Petroleum Distribution. C C C SUP -1,2 23 Building and Contracting Building Materials And Hardware, Construction, General Building Contractors, Building Materials O SUP -1 C C 1: Limit density per Section 6 (H). Manufactured/Mobile Home — Sales Only 0 SUP -1 C C Wholesale Trade Wholesale Trade 0 C-1 C C 1: Limit density. Automotive, Marine & Aircraft Accessories O C -1 C C Warehouse and Storage Services Warehousing And Storage Services 0 SUP -1 C C 1: Limit density per Section 6 (H). 2: Review for compliance with general performance standards. Explosives Storage O O O O Waste and Salvage Uses Hazardous Waste Facility O O 0 O 1: Limit density per Section 6 (H). 2: Review for compliance with general performance standards in Section 6 (C) (3) . 3. Minimize bird and wildlife attractants. Landfills, Solid Waste Facility O 0 O O Recycling Collection Facility 0 SUP 1,2 1 SUP- 1,2,3 SUP- 1,2,3 Refuse Hauling Facility O 1 SUP 1,21 SUP- 123 SUP - 123 Salvage or Junk Yard 0 SUP-1,21 SUP- 1,2,3 SUP - 123 NEW TRANSPORTATION, PARKING, AND UTILITY USES Transportation Facilities (Railways, Highways/Roads, Terminals ) SUP- 2, 4 C C C 1: Limit density per Section 6 (H). 2: Lights, buildings, structures, above - ground pipelines, utility lines, and transmission lines are prohibited. 3: Subject to airport authority approval. 4: Allow only if no practicable alternatives exist and/or use is directly related to airport operations. 5: Condition as applicable per Section 6(C)(3)4 6: Above ground- structures are prohibited except as necessary for lighting and access control. 7: Allow only if accessory to an allowed primary use. Passenger Facilities C SUP -1,3 SUP -1,3 C Cargo - Freight Facilities C SUP -1,3 C C Communications / Telecommunications / Broadcast Communications SUP -2 SUP 1,3 SUP -3 C Utilities SUP- 2,3,4,5 SUP - 1,2,3,5 SUP -1,5 SUP- 2,316 Vehicle Parkin Primary C C -6 C C Vehicle Parking, Accessory SUP -6,7 C7 C C NEW AGRICULTURAL AND RESOURCE EXTRACTION USES Agricultural Uses Agriculture, General (Except Livestock) 0 C C C 1: Limit density. 2: Above -ground structures prohibited. 3: Minimize wildlife attractants (e.g., discourage cereal grain crops) and substantially mitigate hazards if allowed. Agricultural Accessory Housing O O O O Agricultural Related and Support Activities O O 0 O Forestry Activities and Related Services O j O O O Fishing and Hunting Activities and Related Services 0 SUP- 1,2,3 SUP- 1,2,3 SUP - 1,2,3 Greenhouses O SUP -1 C C Livestock Farms And Ranches Not Otherwise Listed O O O O Poultry And Small Mammal Production/Breeding O 0 0 O Resource Extraction Uses Mining Activities And Related Services 1 O 1 O 1 0 O Oil and Natural Gas Wells SUP C C C Stone and Mineral Quarries O 0 0 O 24 OTHER NEW USES Water Areas SUP -2 C C C 1: Public facilities and above - ground structures prohibited. Open Space SUP -1,2 C -2 C -2 C-2 2: Consider /minimize wildlife(bird attractant issues. Surface Stormwater Detention Facilities Accesso to Another Use O SUP -2 SUP -2 SUP -2 Undeveloped and Vacant Land C C C C 25 TABLE I CONTINUED: SUBZONE A -5 O = NotPermitted C = Permitted (is compatible) SUP = Requires Special Use Pennit C Schedule of Uses Commercial Zone PRIMARY RESIDENTIAL USES One - Family Dwelling Detached O One - Family Dwelling Attached (1) O Two - Family Dwelling O Multiple - Family or Apartment Building C Community Unit Development (2) O Boardinghouse O Roominghouse O Bed and Breakfast Historical Residence (41) O Modular Home O Mobile Home O Mobile Horne Subdivision O Mobile Home Park O SPECIAL USES Airport, Heliport or Landing Field SUP Subject to Airport Oficial's approval Cemetery or Mausoleum SUP Church and Rectory C College, University or Private School (3) C Country Club (private) with Golf Course C Convent or Monastery O Day Camp (4) O Day Nursery or Kindergarten Schools (5) O Fairgrounds or Exhibition Area O Livestock Auction O Lodge or Civic Club, Fraternity or Sorority SUP Home for Care of Alcoholic, Narcotic or Psychiatric patients O Hotel or Motel C Hospital (general acute care) (7) O Hospital (chronic care) (8) O Institutions of Religious or Philanthropic Nature (9) SUP Park, Playground or Community Center (Public) O Public Airport, Heliport or Landing Field SUP Subject to Airport Oficial's approval Public Cemetery or Mausoleum SUP Public College or University C Public Golf Course C Public Institutions O 26 Public Land Reserves O Public Owned Buildings and Lands SUP Public Schools C Public Zones, Arboretums and Museums O Residence Home for Aged (10) O Schools, Public or Parochial (11) C Recreational Facility (Private) (12) O UTILITY AND SERVICE USES Electrical Substation SUP Electrical Transmission Line C Fire Station C Gas Transmission Line and Metering Stations C Local Utility Distribution Lines C Public Utility Installations C Radio & Television or Micro -Wave Towers O Sewage Pumping Station SUP Sewage Treatment Plant SUP Railroad Tracks & Right -of -Way (13) SUP Telephone Line & Exchange (14) SUP Water Reservoir, Water Pumping Station & Well SUP Water Treatment Plant SUP Public or Private Utilities Unlisted and Storage Areas and Shops SUP ACCESSORY AND INCIDENTAL USES Accessory Buildings (15) C When associated with a primary use Farm Accessory Building C Community Center, Private (18) O Signs, Church Bulletin Boards (19) SUP Signs, Real Estate (20) C Field Offices, (Temporary) (2 1) C Off - Premises Consumption Sale of Wine, Beer or Ale (Wine and Beer Retail Sales Store) as an accessory use to grocery store 27 Sec.8 -301a SUP AUTOMOBILE TYPE USES Commercial Auto Parking Lot C Truck Parking Lot C New or Used Car Lot (Open) C Auto Sales and Repair C Auto Laundry C Drag Strip or Commercial Racing O Go -Cart Track O Wrecking or Salvage Yard O Used Auto Parts, Sales in Building SUP Gasoline Service Station SUP 27 Auto Fuel Sales (40) SUP New Auto Accessory & Parts Sales Store C RETAIL & SERVICE TYPE USES Antique Shop C Bakery, Retail Sales (22) C Bowling Alley SUP Cafeteria C Florist and Garden Shop C Greenhouse or Nursery For Retail Plant Sales Florist 25 C Mortuary and Funeral Parlor O Offices, Professional and Administrative C Off - Premises Consumption Sale of All Alcoholic Beverages, Package Store 38 Sec. 8 -301a SUP Private Club (17) SUP Restaurant Without Drive -in Service C Restaurant With Drive -in Service C Retail Stores and Shops offering Goods for Sale (28) C Studio for Radio or Television SUP COMMERCIAL & SERVICE USES Agriculture (General)(Except Livestock) C Billboard and Advertising Sign (29) C Cabinet or Upholstery Shop C Cleaning and Dyeing Plant Commercial (31) SUP Contractors Shop and Storage Yard SUP Commercial Amusements (Indoor) SUP Commercial Amusements (Outdoor) (32) SUP Dance Hall, Public O Drive -in Theatre O Engine and Motor Repairing SUP Food Store C Heavy Machinery Sales and Storage SUP Milk Depot, Dairy or Ice Cream Plant SUP Newspaper Printing SUP Paint Shop (33) SUP Plumbing Shop C Railroad or Bus Passenger Station SUP Railroad Team Track, Freight Depot and Docks SUP Scientific and Research Laboratories C Storage and Repair of Furniture and Appliances Inside a Building C Storage and Sale of Furniture and Appliances Outside a Buildin 34 C Self- Storage/Mini Warehouse C Storage Warehouse C Trailer Rental or Sales C 28 Trade and Commercial Schools SUP Transfer Storage and Baggage Terminal C Veterinarian Clinic and Kennels SUP Wholesale Office and Sample Room C Warehouse Storage of Beer, Wine, or Liquor for Distribution with no Retail Sales on the Premises (Sec. 8- 301c C Water Areas C INDUSTRIAL USES Sand, Gravel or Stone Extraction O Manufacturing, Industrial or Storage Process O Loading, unloading or transloading of crude oil O Head shops O 29 (G) UNLISTED USES (1) Procedure for Approving Unlisted Uses Where a particular use category or use type is not specifically allowed under this Ordinance and TABLE I above, the use category or type may be permitted by the City Council upon a finding that the criteria of subsection 2., below, are met. The City Council shall give due consideration to the purposes and intent of this Ordinance, and the character of the use(s) in question. (2) Criteria for Approving Unlisted Uses The City Council may allow an unlisted use in this Airport Planned Development District if it finds that the proposed use has an impact that is similar in nature, function, and duration to the other uses allowed in this Airport Planned Development District. In making such finding, the City Council shall assess all relevant characteristics of the proposed use, including but not limited to the following: a. Any processing done on the premises, including assembly, manufacturing, or any dangerous, hazardous, toxic, or explosive materials used in the processing: b. The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work -in- process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders hazardous or not); c. The type, size, height, and nature of buildings and structures; d. The number and density of employees and customers per unit area of site in relation to business hours and employment shifts or the density of residential use, as applicable; e. The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and f. The impacts created by the proposed use on aircraft flight operations and safety to persons and property on the ground from airport operations will not be greater than that of other uses allowed in the zone. (H) DENSITY RESTRICTIONS FOR SPECIAL USE PERMITS (1) Lot Area a. The minimum of lot size or site area for each permitted use in Zone A -2 shall be three acres. 30 b. The minimum lot size or site area for each permitted use in Zone A -3 shall be one acre. (2) Lot coverage a. The maximum percent of the gross lot area covered by structures in Zone A -2 shall be 25 percent. b. The maximum percent of the gross lot area covered by structures in Zone A -3 shall be 33 percent. (I) DETERMINATION OF SITE POPULATION Each use shall not create, attract, or bring together a site population that would exceed that indicated in TABLE II below. (1) The City of Paris staff shall make all recommendation decisions to the Planning and Zoning Commission and City Council regarding a determination of normal site population for a proposed land use. Such determination shall be based on the seating capacity for those uses with fixed seats, or on the following standards — whichever is applicable: (2) For uses involving fixed booths, benches or pews, the occupant load shall not be less than the number of seats available based on one person for each 18 inches of length of pew or bench or portion thereof. When benches are used in dining areas, the occupant load shall be based on one person for each 24 inches of bench length or portion thereof. (3) For all other uses, the site population shall be determined by totaling the gross floor area of all habitable structures on the development site (expressed in square feet) and dividing by the appropriate "use factor" set forth in the TABLE II below. If a use is not listed in the table below, the city staff shall establish an occupant load factor based on the most similar listed use. For example: To determine the normal occupancy of a 2,400 square foot office building, the following calculation shall apply: Normal occupancy load = 2,400/100 = 24 persons. TABLE —IL• USE FACTORS FOR DETERMINING SITE POPULATION Land Use People/Use Aircraft hangars 500 Auction rooms 7 Assembly Areas: Concentrated Use (without fixed assets) Auditorium Bowling alleys Churches and chapels 31 TABLE —II: USE FACTORS FOR DETERMINING SITE POPULATION Land Use People/Use Dance floors 7 Lodge Rooms Reviewing stands Stadiums Assembly Areas: Less Concentrated Use: Conference Rooms 15 Drinking Rooms Drinking Establishments Exhibit Rooms Gymnasiums Lounges Stages Children's Home or Home for the Aged 80 Classrooms 20 Dormitories 50 Dwellings 300 Garage Parking 200 Hospitals, Nursing homes, and similar institutional uses 80 Hotels and apartments 200 Kitchen - commercial 200 Library reading room 50 Locker room 50 Mechanical equipment room 300 Nurseries for children/day care 35 Offices 100 School shops and vocational rooms 50 Skating rinks 50 for rink area; plus 15 for decks Stores — retail sales rooms Basement 20 Ground Floor 30 Upper floor 50 Swimming pool 50 for pool area; plus 15 for decks Warehouse 300 Lobby (accessory to an assembly use) 7 Malls See appendix to chapter 7, U.B.C. All others 100 32 SECTION 7: AIRPORT NOISE ZONES (A) AIRPORT NOISE IMPACT ZONE There is hereby created and established an overlay land use noise zone for the City of Paris. The zone is shown on the Airport Noise Impacted Zone appended to and made a part of this ordinance, and entitled: Appendix A: Airport Noise Compatible Land Use Zones Chart. (B) LEGAL DESCRIPTION OF NOISE IMPACT ZONE BOUNDARIES The legal description of the Noise Impact Zone Boundaries shall be the boundaries of zones A -1, A -2, A -3, A -4, and A -5, as defined by the Airport Zoning Districts Map which is a component of this Cox Field Planned Development Airport Zoning District Ordinance. (C) PERMITTED AND RESTRICTED ACTIVITIES Except as prohibited by the introductory NOTE, all land uses shall be permitted in the several noise zones as provided in the Airport Noise Compatible Land Use Zones Chart appended to and made a part of this Ordinance. Those activities and land uses not specifically listed in the Chart are permitted or restricted in the appropriate zones based on their similarity to noise tolerance and compatibility with normal airport operations as exhibited by the activities and land uses which are listed in said Chart. (D) NOISE IMPACT ZONE SOUND LEVEL REDUCTION REQUIREMENTS These provisions shall apply to the construction, alteration, moving, repair, replacement, and use of any building or occupied permanent structure within the City of Paris, and/or as applicable, the Paris Extra — Territorial Jurisdiction (ETJ) located within any noise impacted zone defined in this Ordinance. Additions, alterations, repairs, and changes of use or occupancy in all buildings and structures shall comply with these provisions. (1) Applicability a. Existing Buildings General buildings or structures to which additions, alteration, or repairs are made shall comply with all the requirements of this Ordinance except as specifically provided below: 1. When additions, alterations, or repairs within any three —year period exceed 50 percent of the value of an existing building or structure, such 33 buildings or structures shall be made to conform to the requirements of this Ordinance. 2. Alterations or repairs not exceeding 50 percent of the value of an existing building or structure and which are nonstructural may be made with the same materials of which the building or structure is constructed. 3. Not more than 50 percent of the roof covering of any building or structure shall be replaced in any three -year period unless the next roof covering is made to conform to the requirements of this Ordinance. 4. Buildings in existence at the time of the passage of this Ordinance may have their existing use or occupancy continued if such use or occupancy was legal at the time of passage provided such continued use does not jeopardize life, or health, or property. b. Moved Buildings Buildings or structures moved into or within the City of Paris (and /or as applicable within the Paris ETJ) shall comply with applicable provisions of this regulation. c. New Buildings Newly constructed buildings or structures shall comply with the applicable provisions of this regulation before permanent occupancy is permitted. (2) Design Requirements The Noise Level Reduction (NLR) requirements of the Airport Noise Compatible Land Use Zones Chart may be achieved by any suitable combination of building design, choice of building materials and construction techniques in accordance with established architectural and acoustical principles. The reduction requirements shall apply to all occupied rooms having one or more exterior walls or ceilings, when furnished in accordance with the intended final usage of the room. SECTION 8: OFFICIAL AIRPORT ZONING MAP The air space and airport land use compatibility zones established by this Ordinance are shown on the Cox Field Planned Development Airport Zoning District Map consisting of Zone A -1, A -2, A -3, A -4 and A -5, prepared by the City of Paris staff, and dated April 17, 2014, attached to and part of this Ordinance. Such Official Airport Zoning District Map as may be amended from time to time, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted by reference as part of this Ordinance. 34 SECTION 9: ADMINISTRATION— ZONING BOARD OF ADJUSTMENT AND AIRPORT ZONING ADMINISTRATION (A) AIRPORT ZONING ADMINISTRATION The administration and functioning of this Airport Zoning Ordinance, unless specified herein within this ordinance, shall be undertaken, as required, and as stated in the current Paris Zoning Ordinance, and as that Paris Zoning Ordinance may from time to time, be amended. (B) ZONING BOARD OF ADJUSTMENT (1) Establishment The City of Paris Zoning Board of Adjustment shall serve as the Board of Adjustment for the Cox Field Planned Development Airport Zoning District Ordinance. SECTION 10: TREATMENT OF NONCONFORMING USES AND STRUCTURES (A) GENERAL PROVISIONS (1) Regulations Not Retroactive — Nonconformities Allowed to Continue. The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with the continuance of any nonconforming use. (2) Prior Nonconformities Continue. Any nonconformity created under application of a previous zoning ordinance or regulations shall continue to be nonconformity under this Ordinance, and shall be subject to the limitations of this Section 10, unless the city staff and/or officials determine that the use, tree, structure, or lot complies with the applicable terms of this Ordinance. (3) Completion of Construction or Alteration Allowed. This Ordinance shall not require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which began prior to the effective date of this Ordinance, provided the construction or alteration is diligently prosecuted and completed within two years of the construction or alteration start date. (4) Determination of Nonconformity Status. The burden of establishing that a nonconformity lawfully exists is on the owner, not the City of Paris. (B) CHANGE OF TENANCY OR OWNERSHIP Changes of tenancy, ownership, or management of an existing nonconformity are permitted and in such cases the nonconforming situation continues to be subject to this Section. 35 (C) REPAIRS AND MAINTENANCE Ordinary repairs and normal maintenance required to keep nonconforming uses, structures, and trees in a safe condition shall be permitted. All ordinary repair and normal maintenance shall be subject to this Section's limitations regarding expansion and enlargement of the nonconforming structure or use. (D) ENLARGEMENT OR EXPANSION (1) Nonconforming Uses a. Structure Enlargement. A structure or portion thereof devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved, or structurally altered except to change the use of the structure to one permitted in the applicable zone(s) within the Cox Field Planned Development Airport Zoning District Ordinance. b. Expansion of Nonconforming Uses 1. A nonconforming use shall not be extended to any land or portion of property outside of any building that was not used for the nonconforming use when the use was legally established, except when such extension is the direct result of an intervening government action. 2. A nonconforming use may be enlarged, expanded, or extended to occupy any parts of the building housing such use that were designed or arranged for such use when the use was legally established. However, if such enlargement, expansion, or extension will result in an increased impact, the Board of Adjustment shall review the request according to the procedures stated in Section 12, Variances. In no case, however, shall the enlargement or expansion result in violation of the performance standards stated in Section 6(C)(3) of this Ordinance. For purposes of this provision, "increased impact" occurs when: a. The expanded use will result in an increase in site population per acre that is either: i. Five percent or greater than the site population per acre that existed when the use was legally established; or ii. Greater than the site population per acre permitted under Section 6 (I) of this Ordinance. b. The expanded use will operate in a different manner, in areas such as hours of operation or number of employees. The Planning Manager shall make all determinations of "increased impact," subject to the Appeals procedure in Section 15 of this Ordinance. 3. The Board of Adjustment may approve an expansion request only if the expansion satisfies the following criteria: 36 a. The expansion will not interfere with the operation of conforming uses in the same zone or surrounding zones; and b. The expansion will cause no greater adverse impacts on surrounding properties than did the original nonconforming use. (2) Nonconforming Structures a. Any enlargement, alteration, or expansion of a nonconforming structure that increases the height of the structure is prohibited unless the Zoning Board of Adjustment grants a variance. Expansions of the structure that comply with applicable height standards, or that decrease the height of the structure are permitted and do not require a variance, provided such expansion meets all other applicable standards in this Ordinance. b. The Zoning Board of Adjustment may approve an expansion request only if the expansion satisfies the following criteria: 1. The expansion will not interfere with the operation of conforming uses in the same zone or surrounding zones; and 2. The expansion will cause no greater adverse impacts on surrounding properties than did the original nonconforming use. (E) RELOCATION OF A NONCONFORMING USE No person shall move a nonconforming use within the same parcel or to another parcel unless the use conforms to the use regulations of the applicable zone. This provision shall not apply if the relocation of the nonconforming use is the direct result of government action. (F) CHANGES IN USE A nonconforming use may only be changed to a new conforming use. (G) ACCESSORY USES (1) No use that is accessory to a principal nonconforming use shall continue after the nonconforming principal use ceases to exist. (2) No additional accessory use, building, or structure that did not exist when the nonconforming use was legally established shall be established on the site of a nonconforming use. 37 (H) NONCONFORMING USES OR STRUCTURES ADBANDONED OR DESTROYED (1) Abandonment of Nonconforming Uses — Reestablishment Prohibited a. Whenever a nonconforming use is discontinued for a period of 180 consecutive days, such use shall not thereafter be reestablished and any future use shall comply with this Ordinance. b. At such time as any nonconforming, individual mobile home existing on a private lot is removed from such lot or is vacated, the use shall be deemed abandoned and shall not thereafter be returned or occupied except in compliance with this Ordinance. (2) Compliance Required After Abandonment or Destruction a. Whenever the Planning Manager determines that a nonconforming structure or tree has been abandoned under subsection (1) above, or has been torn down, deteriorated, destroyed, or decayed to the extent of greater than 50 percent of its market value and no building permit has been applied for within 180 days of when the property is damaged, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy, and all reconstruction and repair shall comply with the applicable height limit and all other applicable standards stated in this Ordinance. b. Whether application is made for a permit under this subsection or not, the Planning Manager may order the owner of the abandoned or partially destroyed nonconforming structure, at his own expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Ordinance. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten days after receipt of written notice of such order, the Planning Manager may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed or equipped, and assess the cost and expense thereof against the land on which the structure is or was allocated. c. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 5 (five) percent per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes. (3) Nonconforming Tree a. No nonconforming tree shall be allowed to grow higher or be altered, repaired, or replanted. 38 b. If a nonconforming tree exceeds appropriate height for the public health, welfare, and/or safety as per this Ordinance, it shall be trimmed to the appropriate height, at the owner's expense. SECTION 11: AIRPORT ZONING PERMITS (A) PERMIT REQUIRED In any airspace zone or land use compatibility zone, the following activities shall require an Airport Zoning Permit to be granted by the City of Paris Staff Development Review Group, comprised of the Director of Engineering, Fire Marshal, Building Official, and Planning Manager. (1) New Structure. Except as specifically provided in Section 11 (B), new construction of any structure. (2) Existing Structure. Except as specifically provided in Section 11 (B), substantial alteration, changed, rebuilding, repair, or replacement of an existing structure. (3) Expansion, Alteration or Reconstruction of a Nonconforming Structure. Expansion, extension, or reconstruction of a nonconforming structure, for which no permit shall be issued except in conformance with the regulations stated in Section 10 of this Ordinance, as applicable. (4) Compliance with State and Federal Requirements. The applicant shall submit a statement that all other necessary approvals and permits from any other local, state, or federal agency, including but not limited to the Federal Aviation Administration FAR Part 77.13 and a "no hazard" determination, prior to final approval. (B) EXCEPTIONS TO PERMIT REQUIREMENT (1) Permit Not Required For Certain Structures Less than 75 Feet in Height. An airport zoning permit is not required for a tree or structure of less than 75 feet of vertical height above the ground in Zone A-4 or Zone A -3, except when such tree or structure, because of terrain, land contour, or topographic features, would exceed the height or land use limit prescribed for the respective zone, or would otherwise create aircraft — oriented hazards to life and/or property, and/or otherwise are prohibited by the Airport Advisory Board. (2) No Violation of Height or Land Use Restriction Permitted. 39 Nothing contained in this subsection shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree in excess of any land use compatibility standards and limitations set forth in Section 6 (C). (C) SUBMITTAL REQUIREMENTS AND DECISION (1) Each airport zoning permit application shall indicate the purpose for which the permit is desired and shall contain sufficient detail to permit the Planning Manager, and /or other city staff, to determine the application's compliance with this Ordinance's regulations. (2) The Planning Manager shall approve and grant an airport zoning permit only upon finding that the permit application complies with all application regulations in this Ordinance, except those for which a Variance is approved according to Section 12. (3) The Planning Manager shall not grant a permit that would allow the establishment or creation of an airport hazard, or that would permit a nonconforming use, structure, or tree to become a greater hazard to air navigation or safety to persons or property on the ground than it was on the effective date of this Ordinance, as amended, or than it is when the application for the permit is made. SECTION 12: VARIANCES (A) VARIANCES AUTHORIZED Any person desiring to erect or increase the height of any structure, permit the growth of any tree, or use his property not in accordance with the regulations stated in this Ordinance, may apply to the Board of Adjustment for a variance from such regulations. (B) REFERRAL TO STATE AERONAUTICS AGENCY If applicable and required, the Zoning Board of Adjustment shall refer a variance application to the relevant state, federal and/or local entities for review, comments, and recommendation prior to the public hearing on the variance application. (C) CRITERIA FOR VARIANCE REQUESTS The Board of Adjustment shall approve a variance only when, based on substantial evidence presented, the Board can make the following findings: (1) A literal application or enforcement of this Ordinance's regulations would result in practical difficulty or unnecessary hardship, and (2) Relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the purposes of this Ordinance. 40 Any variance so allowed may be subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this Ordinance. See Section 19 of this Ordinance for the definition of the term "practical difficulty or unnecessary hardship." (D) VARIANCE CONDITIONS (1) Any variance that permits an incompatible noise — sensitive land use shall require as a condition of approval that sound insulation be installed to attenuate interior noise to a level determined acceptable and appropriate by the Board of Adjustment based on a recommendation from the Cox Field Airport Manager and /or the Planning Manager and /or his/her representative. (2) As a condition of any variance, the Zoning Board of Adjustment may require a non— suit covenant whereby the application agrees to refrain from filing any legal action against the airport sponsor or the City of Paris based on adverse noise, safety, or other impacts associated with the Cox Field airport. SECTION 13: ALLOWANCE FOR HAZARD MARKINGS AND LIGHTING (A) NONCONFORMING USES The owner of any nonconforming use, structure and/or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Planning Manager, Cox Field Airport Manager and/or the FFA, to indicate to the operators of aircraft in the vicinity of the airport the presence of an such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the owner of said non —conforming use, structure, and /or tree. (B) PERMITS AND VARIANCES In the grant of a variance or permit, the Zoning Board of Adjustment or Planning Manager may require the owner of the use, structure, or tree in question, at his/her own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of such airport hazard. The decision making — making body may impose such a condition if it finds that hazard markings and lighting is advisable to further the purposes of this Ordinance and is reasonable under the specific circumstances. SECTION 14: AVIGATION EASEMENTS AND REAL ESTATE DISCLOSURES (A) AVIGATION EASEMENTS The following uses shall dedicate an avigation easement to the City of Paris, Texas, as a condition of obtaining approval of an airport zoning permit or building permit: 41 (1) New residential, commercial, industrial, institutional or recreational buildings or structures intended for habitation or occupancy by humans or animals, or (2) For expansions of such buildings or structures by the lesser of 50 percent or 1,000 square feet, whichever is less. The avigation easement shall be in a form acceptable to the City of Paris, Texas, and shall be signed and recorded in the deed records of the County in which the subject property lies. The avigation easement shall allow unobstructed passage for aircraft and ensure safety and use of the airport for the public. Property owners or their representatives are responsible for providing the recorded instrument prior to issuance of building permits. (B) REAL ESTATE DISCLOSURES The Paris, Texas, City Council, shall as a condition of any residential development approval required by this Ordinance, require all residential property owners to disclose the fact of the property's location in an airport land use compatibility zone to all future prospective purchasers of the property. Such disclosure, if required, shall include notice of the potential for adverse noise, overflight, or safety impacts from the property's vicinity to a public airport. (See a sample real estate disclosure notice below.) Sample Real Estate Disclosure Notice: Notice of airport in vicinity: This property is presently located near an airport, within what is known as an airport [land use compatibility zone or air space zone or noise contour]. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: overflights, noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. The Buyer may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. SECTION 15: APPEALS (A) RIGHT TO APPEAL Any person, property owner, or taxpayer impacted by any decision of this Ordinance, may appeal to the Paris City Council. Appeals may also be made by any governing body of a municipality, county, or airport zoning board alleging that a decision of the Paris City Council is an improper application of this Ordinance. (B) PROCEDURE FOR APPEALS The procedure for appeals shall conform to said requirements within the existing City of Paris, Texas, Zoning Ordinance, and which from time to time may be amended. 42 SECTION 16: PENALTIES Any person who shall construct, establish, substantially change, alter, or repair any existing structure or use, or permit the growth of any tree, in violation of this Ordinance or who, having been granted a permit or variance under the provisions of this ordinance, shall construct, establish, substantially change, or substantially alter, or repair any existing growth or structure or permit the growth of any tree contrary to the terms and conditions contained in such permit or variance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $2,000.00 per day. Each day a violation continues to exist shall constitute a separate offense. The City Manager or his/her designee may enforce all provisions of this Ordinance through such proceedings for injunctive relief and other relief as may be proper under the laws of the State of Texas and all other applicable law. SECTION 17: CONFLICTING REGULATIONS Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or regulation shall govern and prevail. SECTION 18: SEVERABILITY Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. In any case in which the provisions of this Ordinance, although generally reasonable, is held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this Ordinance as to other structures and parcels of land, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 19: DEFINITIONS As used in this Ordinance, the meaning of each term defined in this Section 19 shall be as indicated below, unless the context otherwise requires. This list of definitions draws primarily from the FAA's definitions of terms as used in advisory circulars and other published materials.. A. Agricultural and Resource Extraction Uses. A use category that includes the following land uses: (1) Any land used primarily for the production of crops or livestock including irrigated meadows, irrigated and dry pasture, irrigation ditches, stock drive routes, lands used for barns, corrals and storage of crops or agricultural products, but not including lands used primarily for the production of commercial timber; or (2) Land uses involved in the process of (1) removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, streams, fields, pools or other concentrations in the earth's crust, including the preliminary treatment of such ore or building stone; and (2) the extraction, exploration or production of oil or natural gas resources, including oil and gas wells and accessory offices, storage buildings, rig camps and gas transmission lines. 43 B. Airport. (FAA FAR Sec. 152.3) Defined as an area of land or water that is used, or intended to be used, for the landing and taking off of aircraft. Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights -of -way; and all airport buildings and facilities located on the areas specified in this definition. The Cox Field Airport is owned by the City of Paris, Texas. C. Airport Environs. The land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport. D. Airport Hazard. (FAA FAR Sec. 152.3) Any structure or object of natural growth located on or near a public airport, or any use of land near a public airport that obstruct the airspace required for the flight of aircraft landing or talking off at the airport or is otherwise hazardous to aircraft landing or taking off at the airport. E. Airport Land Use Compatibility. (FAA Web site) The coexistence of land uses surrounding the airport with airport— related activities. F. Airport Noise Zones. The Noise Zones as established in Section 7 of this Ordinance. G. Airport Zoning Permit. Airport zoning permit allowing new development or alteration or expansion of a nonconforming use within the various subzones within this Cox Field Planned Development Airport Zoning District Ordinance. H. Airspace. (FAA Web site) The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. I. Avigation Easement. (FAA Web site) A grant of a property interest in land over which a right of unobstructed flight in the airspace is established. J. Commercial Uses. A use category including land uses or activities involving the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide business, personal, medical /personal care, or repair service, or that involve the selling, leasing, or renting of merchandise to the general public. Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking for employees and visitors. K. Compatibility. The degree to which land uses or types of development can coexist or integrate. L. Compatible Use. Any structure, tree, object of natural growth, or use of land that complies with all the applicable provisions of this Ordinance or any amendment to this Ordinance. 44 M. Day -Night Average Sound Level (DNL). A 365 -day averaged, day -night average sound level measurement expressed in decibels. DNL is the metric designated to define airport noise impact for Noise Programs conducted under the provisions of FAR Part 150. DNL is the FAA standard metric for determining the cumulative exposure of individuals to noise. N. Easement. (FAA AC 5020 -1) The legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on, or below property; certain air rights above the property, including view rights; and the rights to any specified form of development or activity, as well as any other legal rights in the property that may be specified in the easement document. O. FAR Part 77. (FAA FAR Sec. 77.1) A regulation established by the Federal Aviation Administration entitled, in full, "Objects Affecting Navigable Airspace - Part 77" which (a) establishes standards for determining obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas. P. General Aviation Airport. Any airport that is not a commercial air carrier airport or a military facility. Q. Height. For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Official Zoning Map, height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified. R. Industrial, Wholesale Trade, and Storage Uses. A use category including the following use types: 1. Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man -made, raw, secondary, or partially completed materials may be used. Products may be finished or semi - finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically ten percent less of the total gross floor area). Relatively few customers come to the site. 2. Industrial, manufacturing, wholesale trade, and warehouse /storage uses including uses that produce goods from raw or finished materials, uses that distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage. S. Imaginary Surfaces. (FAA FAR Part 77.25) Those areas established in relation to the airport and to each runway consistent with FAR Part 77, in which any object extending above these imaginary surfaces, by definition, is an obstruction. • Transitional surface The transitional surface extends outward and upward at right angles to the runway centerline and extends at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The 45 transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation. • Horizontal surface The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. • Conical surface The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance of 4,000 feet. • Approach surface The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface varies from 5,000 to 50,000 feet and also depends upon the approach type. T. Incompatible Land Use. (FAA FAR Sec. 150.7) The use of land which is normally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals, and libraries, and the incompatible land uses as referred to within the various subzones in this Ordinance). U. Instrument Runway. A runway with an instrument approach procedure utilizing an Instrument Landing System (ILS), a Microwave Landing System (MLS), a Precision Approach Radar (PAR), a Transponder Landing System (TLS), or a satellite- based system capable of operating to the same level of precision guidance provided by the other indicated systems. V. Lighting and Marking of Hazards to Air Navigation. Installation of appropriate lighting fixtures, painted markings, or other devices to such objects or structures that constitute hazards to air navigation. W. Noise Exposure Contour. (N.E.C.) (FAA Web site) Lines drawn around a noise source indicating constant energy levels of noise exposure. DNL is the measure used to describe community exposure to noise. X. Noise Impact. A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area. Y. Noise Sensitive Land Use. A use where airport noise typically interferes with normal activities associated with the use. Examples of noise — sensitive land uses include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife 46 refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. Z. Noise Reduction (NR) or Noise Level Reduction (NLR). Reduction in sound level transmission between locations or rooms for the expressed purpose of lessening or mitigating the impact of noise in one of the locations. The term Sound Level Reduction (SLR) can imply the same function. AA. Non - Conforming Use. Any pre- existing structure, tree, or use of land that is inconsistent with the provisions of this Ordinance. BB. Object. (FAA AC 15015300 -13) Includes, but is not limited to above ground structures, people, equipment, vehicles, natural growth, terrain, and parked aircraft. CC. Obstruction. (FAA AC 15015190 -4A) Any structure, tree, plant growth, or other object, including a mobile object that exceeds a limiting height, specific to its geographic location relative to the runway /airport. DD. Part 150 Study. (FAA Web site) Part 150 is the abbreviated name for the airport noise compatibility planning process outlined in Part 150 of the Federal Aviation Regulation (FAR) that allows airport owners to voluntarily submit noise exposure maps and noise compatibility programs to the FAA for review and approval. EE. Performance Standard. A zoning standard that permits land uses based on the use's compliance with a particular set of standards of operation, rather than based on the particular type of use at issue. Performance standards in this Ordinance address the opportunities for limiting glare, dust, smoke emissions, heat, fire, or explosion hazards associated with any use of land subject to this Ordinance. Performance standards are imposed on uses in addition to other general zoning regulations such as specific use restrictions or density /intensity limits. FF. Person. An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and including a trustee, receiver, assignee, administrator, executor, guardian, or other representative. GG. Practical Difficulty or Unnecessary Hardship. The property in question cannot be put to a reasonable use if used under conditions allowed by this Ordinance, and the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not be contrary to the purposes of this Ordinance. Economic considerations alone shall not constitute a "practical difficulty or unnecessary hardship" if reasonable use for the property exists under the terms of this Ordinance. HH. Primary Surface. (FAA -AC 15015190 -4A) A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 47 II. Primary Runway. (FAA AC 150153254B General Definition) The runway used for the majority of airport operations. Large, high- activity airports may operate two or more parallel runways. JJ. Public Assembly Use. Means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. "Public assembly use" does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan. KK. Public Use Airport. (FAA AC 15015190 -6) Means either a publicly owned airport or a privately owned airport open for public use. LL. Public, Civic, and Institutional Uses. A use category that includes uses of a public, quasi - public, nonprofit, or charitable nature generally providing a local service to the people of the community. Generally, they provide the service on -site or have employees at the site on a regular basis. The service is ongoing, not just for special events. This use category includes the following use types: 1. Community centers or facilities that have membership provisions or are open to the general public to join at any time (for instance, any senior citizen could join a senior center). 2. Public assembly uses, such as private lodges, museums, libraries, clubs, or halls, educational institutions, and religious assembly uses are also included in this category. 3. Facilities for the provision of public services, including governmental offices and public safety and emergency response services, such as police, fire and ambulance services. Such facilities often need to be located in or near the area, where the service is provided. MM. Refuse Hauling Facility. A place where refuse is taken from a collection vehicle, temporarily stored or stockpiled, and ultimately moved to a disposal facility. NN. Residential and Accommodation Uses. A use category that includes the following use types: 1. Residential uses that provide living accommodations, including sleeping, eating, cooking, and sanitary facilities, to one or more persons, and where tenancies typically last longer than 30 days. 2. Accommodation uses characterized by visitor - serving facilities that provide temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of less than 30 days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. 00. Runway. Any existing or planned paved surface or turf covered area of the airport which is specifically designated and used or planned to be used for the landing and /or taking off of aircraft. PP. Runway Protection Zone (RPZ). (FAA AC 15015300 -13) An area off the runway end designed to enhance the protection of people and property on the ground. QQ. Slope. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. 48 3:1 For example: Slope = 3:1, which is the same as three feet horizontal to one foot vertical. RR. Sound Level. The quantity in decibels measured by an instrument satisfying the requirements of American Standard Specification for Type I Sound Level Meters. The sound level shall be the frequency weighted sound pressure level obtained with the frequency weighting "A" and the standardized dynamic characteristic "SLOW" SS. Special - purpose Airport. A public use airport, as defined in this Section 19, intended for use by aircraft issued an FAA special airworthiness certificate in the light sport category. TT. Special Use Permit Required. A land use or development as identified by this Ordinance that generally would not be compatible with airport operations, but which a decision - making body may allow with appropriate restrictions and based on findings that the restrictions will either ensure greater compatibility with near -by airport operations or substantially mitigate potential adverse impacts associated with proximity to the airport. UU. Structure. An object anchored, constructed, attached, erected, gathered, located, placed, piled, or installed by man, either on the ground or in or over a body of water, either moveable or immovable, and either temporary or permanent. The term "structure" includes, but is not limited to, antennae, buildings, cranes, fences, overhead transmission lines, patios and decks, man -made ponds, signs and sign structures, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily 'or permanently. W. Substantially Alter or Altered. An addition to the footprint of a building or structure, or an addition to the existing maximum height of a building or structure, or a change in use of land, building, or structure WW. Transportation, Parking & Utility Uses. A use category that includes the following use types: 1. Mass transit, which means a coordinated system of one or more transit modes providing regular transportation to the general public including, but not limited to, bus or rapid transit but not including charter bus, school bus, or sightseeing transportation. 2. Public utility uses engaged in providing railroad, airline, bus, electric, rural electric, telephone, telegraph, communications, gas, gas pipeline carrier, water, sewerage, pipeline, street transportation, sleeping car, express, or private car line facilities and services. 3. Transportation and parking service uses including a variety of facilities generally open to the public, related to the movement of passengers and goods, whether by private auto or public transportation. M XX. Variance. Any modification or variation of this Ordinance's provisions where it is determined that, because of exceptional circumstances, the strict enforcement of the Ordinance provision(s) would cause "practical difficulty or unnecessary hardship," as defined in this Section 19. YY. Vehicle Parking Associated with the Airport. The temporary storage of motor vehicles inside or outside of a structure, including parking lots, garages, driveways, and legally designated areas of public streets. "Associated with," for the purposes of this definition, means that a minimum of 75 percent of the available parking shall serve airport employees, patrons, or automobile rental or leasing agencies. ZZ. Vehicle Parking, Accessory. A non - commercial parking lot or structure that is incidental and subordinate to an allowed primary use, and is intended to serve employees and patrons of the primary use. AAA. Vehicle Parking, Primary. A parking lot or structure that is the primary use of the property on which it is located, and may be commercial in nature. The use does not include parking for an automobile rental or leasing agency use. BBB. Water Impoundment. Areas constructed or intended to contain water such as wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of this Ordinance. CCC. Wildlife Attractants. Any human -made structure, land -use practice, or human -made or natural geographic that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport's air operations area. These attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. Naturally occurring features such as open bodies of water, wetlands, or forested areas may also be defined as wildlife attractants, which can attract or sustain hazardous wildlife within the landing or departure airspace or the airport's air operations area. DDD. Wildlife Hazards. (FAA Advisory Circular 150/5200 -33A) Species of wildlife (birds, mammals, reptiles, etc.), including feral animals and domesticated animals, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. SECTION 20: EFFECTIVE DATE This ordinance shall take effect on the day of 52014. Copies thereof shall be filed with applicable local, state, and/or Federal agencies. Passed and adopted after public hearing by the Paris, Texas, City Council on this day of 50 14. EXHIBITS 51 �5 END LM Stefi- All 7. Ul La ' ' / ' o Cox Field Planned Development Airport Zoning District Leg. d A5 10915 Plop dUHHUe,fNCo, Field ' ' / ' o � 7 w t AV 'x*' —✓`fie " /,.. i z.,..�r_..a. 42 AT fPh- it " � "` `�� ;� , . � ate ---► s ;� `I � -fir., s 5 �•..�tl�l i � `� `, :4 AS i �•�"� � 41119tH n' A4,' Cox Field Planned Development Airport Zoning District: Aerial Photography and Existing Land Use - L.mtl I � — grym Canty ROaeyay AYpit ro Dub 2rnr- Nrni Atnps i:. r�� - 551 61 iroppepC Wetb Plrflrr Yntmuptre ian M"MI6Ur wi h3 23905 , _ Al 1266 66 ll e. py lion M AS tUU ]5 y,' S �p 1 1y: r �i.iioncmrmSy E,pmm4n .M f `. (,j � � `d T E PM '"d uwelw Ni m. rwa IN F.— •• . ia[t urn '�' D-,W. Oi-[ —... Santry Gr.r P•Ylpr lwrlomVdrn UYrrl FUnl W .._ ��:.I y 53 � I ' LDR / ,m � PR -- J C A3 LDR ) DR.,«. A2 Al i � COkkIER -- 1 LDR AS A2 AS _,._ _.._.. FRS A4 Cox Field Planned Development Airport Zoning District with Future Land Use Plan Legend Mine Acnaga PN1 Lenduse Prsssnt AI 1531.2] A2 551 el ____c,hwtuun�Rneawar L— De"RePae ILOR) A3 13909 —Smm Rwe..ar MoorNe --Drab ResErier Wpe Aa 1,16566 Airport PD Sul Zones MM De RndeMmY I—) A5 1W25 w�wcwen Ramap AMR) Ax L4R siewma lu7 nr At RMl I vrr = I saa rke� mmaroN P%I -- Remrcw agrsJNrt (A) ER4330 �`� Pn n0 Rsnaaeon fPRI arms lol N Urma Ate UNM (GI •,• \. \\ Pi:a�c lava Nie xucwao�. IPtn DaN ..nNae A•�n xc pre � _ _ 53 -A $F -2 A A A A3 A2 A Z Cox Field Planned Development Airport Zoning District with Current Zoning �.g.De wm. Acr.,p. P -dt, Aw. — , —(W-1) Al 153127 — 0111'a Cw RO.W,/ z A2 551 fit 9M. Rotl..y - R.on..nwo. 9ervAe 1R6i A3 23908 Airport PD Bub Zorns (w+ NI AA 1.26666 Iraq iM,unr fR0 A5 10925 Al nobs �R �PO� R.bn(GR) tncM1 tBW nei A9r— NI ZoMnp Coo., 6.m�e.*".r sew Sown IESSI !� OrwF,m.1 D.Yip Wl(BF -11 f�nrtN Arw lCAl _ ' OnaF,mN D." Ro] (6 -A N D1e -i,ntlry Dna.Yp Re] (1F-]) qAw 1r4. wN Imetwm 1�'LI� _ -� Uun. Trroi.m.yDw.oM) �. _. z- ONe O..M AW.I. 3011 A2 Al A4 5" APPENDIX 54 APPENDIX A: AIRPORT NOISE COMPATIBLE LAND USE ZONES CHART NOTE: Some of the land uses listed in the Airport Noise Compatible Land Use Zone Chart below are not allowed as described for Zones A -1, A -2, A -3, A -4, and A -5 in this zoning ordinance, as per Table I, entitled Airport Land Use Compatibility By Zone. However, all the land uses listed in this Airport Noise Chart are included as an Appendix to this ordinance, to provide guidance to the Paris city staff, planning and zoning commission, city council, and the development community regarding potential noise intrusion, should the city council decide to allow any of these uses within the airport zones described in this ordinance. CHART KEY Y (Yes) Land use is normally compatible without restriction and should be allowed. C (1..n) Land use is generally compatible with some limitations or restrictions. The use should be allowed if Condition Note (L.n) is met. I (1..n) Land use is basically incompatible and should be discouraged. Where there is a demonstrated community need for the use and viable alternative options are not possible, the use may be allowed if Condition Note (l..n) is met. Condition Note (L.n) will not eliminate or alter the basis of the incompatibility but is intended to lessen or mitigate the potential for impact on the land use function, activity, or occupants. N (No) Use is not compatible and should not be permitted. * Federal guidelines in 14 CFR Part 150 considers all land uses below the 65 DNL contour to be compatible. This should not be taken to imply that residents, occupants, or users in lesser contour areas would not be adversely affected by airport generated noise. Where practical and feasible, communities should consider limiting future noise — sensitive development in airport noise exposures below 65 DNL. ** Residential uses and noise sensitive activities are not compatible in impacted areas exceeding 80 DNL. CONDITION NOTES 1: Measures to achieve NLR of 25dB must be included in the design and construction of structures where occupants reside; the public is received; office areas are located; or noise sensitive activities or functions occur. 2: Measures to achieve NLR of 30dB must be included in the design and construction of structures where occupants reside; the public is received; office areas are located; or noise sensitive activities or functions occur. 55 3: Measures to achieve NLR of 35dB must be included in the design and construction of structures where occupants reside; the public is received; office areas are located; or noise sensitive activities or functions occur. 4: Sound reinforcement or amplification systems must be installed. 5: Residential structures are not permitted. 6: Occupied structures are not permitted. 7: Individual hearing protection devices must be worn where structural or other forms of physical noise attenuation are not available. 56 LAND USE ACTIVITIES I DNL I DNL I DNL I DNL I DNL 55-65 65-70 70-75 75-80 80+ RESIDENTIAL DEVELOPMENT Single Units; Row, Semi- &Detached Y 11 I2 N N Duplexes Y I1 I2 N N Multi-Family Units Y I1 I2 N N Residential Hotels & Motels Y I1 I2 N N Transient Lodgings Y I1 I2 I3 N Mobile Home Parks & Courts Y N N N N Recreational Vehicle (RV) Parks Y N N N N Other Residential Y I1 I2 N N RELIGIOUS; CULTURAL; RECREATIONAL OUTDOOR ACTIVITIES Religious Services & Assemblies Y N N N N Entertainment Assemblies Y N N N N Sorts Event Assemblies Y C4 I4 N N Sorts Arenas, Courts, Fields & Tracks Y C4 C4 I4 N Circuses & Carnivals Y C4 I4 N N Amusement & Theme Parks Y C4 I4 N N Playgrounds & Neighborhood Parks Y C6 C6 I6 N Community & Regional Parks Y I6 I6 N N INDOOR ACTIVITIES Churches, Mosques, Synagogues & Temples Y I2 I3 N N Theaters & Auditoriums Y 12,4 I 3 ,4 N N Stadiums & Arenas Y C 1, 4 12,4 I 3, 4 N Gymnasiums & Natatoriums Y Cl I2 13,4 N SERVICES Hospitals & Nursing Homes Y I2 N N N Other Medical Facilities Y I2 N N N Day Care Facilities Y I2 N N N Educational Facilities Y I2 N N N Governmental Services Y Cl C2 I3 N Correctional Institutions Y Cl I2 N N Cemeteries Y Cl C2 C3 C 6,7 Professional, Financial & Insurance Y Cl C2 I3 N Business & Real Estate Y Cl C2 I3 N Repairs & Contract Construction Y Cl C2 I3 N Personal & Miscellaneous Y C1 C2 I3 1 N TRANSPORTATION; COMMUNICATION; UTILITIES Passenger Facilities Y Cl C2 C3 N Cargo-Freight Facilities Y Y C2 C3 C 6,7 Road, Rail, & Water Transit Was Y Y C2 C3 C 6,7 Vehicle Parking Y Y C2 C3 C 6,7 Vehicle Storage Y Y C2 C3 C 6,7 Tele- Communications Y Cl C2 I3 C 6,7 Broadcast Communications Y Cl C2 I3 N Electric Generating Plants Y Y Cl C2 C 6,7 Sewer -Waste Water Treatment Y Y Cl C2 C 6,7 Gas Utility Facilities Y Y C1 C2 C 6,7 Electric Utility Facilities Y Y Cl C2 C 63 57 RETAIL TRADE Building Materials & Hardware Y Y Cl C2 13,7 Automotive, Farm & Marine Craft Y Cl C2 C3 N Apparel & General Merchandise Y Cl C2 C3 N Groceries & Food Stuff Y C1 C2 C3 N Eating & Drinking Establishments Y C1 C2 C3 N Shopping Malls & Centers Y Cl I C2 C3 N Gasoline, Diesel & Heating Oil Y Y C1 C2 13,7 Li uefied Bottled Gas Y Y C1 C2 13,7 VMOLESALE TRADE Home Furnishings & Building Materials Y Y I Y Cl I C2 C 3,7 Food Products & General Merchandise Y Y Y Cl C2 C 3,7 Liquefied Gases C1 Y Y Cl C2 C 3,7 Petroleum Distillate Products C2 Y Y C1 C2 C 3,7 Industrial Chemicals 13 7 Y Y Cl C2 C 3,7 Ex losive & Pyrotechnic Products Explosive & Pyrotechnic Products Y Y Cl C2 C 3,7 Other Wholesale Trade Y Y Y C1 C2 I C 3,7 Food Products & Processing Y Y Cl I C2 13,7 Textiles & Apparel Y Y C1 I C2 13,7 Lumber & Wood Products Y Y C1 C2 13,7 Paper & Allied Products Y Y Cl C2 13 7 Chemicals & Allied Products Y Y C1 C2 13 7 Petroleum Refining & Related Products Y Y C1 C2 13,7 Explosive & Pyrotechnic Products Y Y C1 C2 13,7 Rubber & Plastics Products Y Y Cl C2 13,7 Clay & Glass Products Y Y C1 C2 13,7 Primary & Fabricated Metal Products Y Y Cl C2 13,7 Electronic & Optic Products Y Cl C2 I3 N Professional & Scientific Products Y C1 C2 I3 N Other Manufacturing Y Cl C2 C3 N RESOURCE PRODUCTION & RECOVERY Livestock & Poultry Fanning Y C 2,5 13,5 I5 N Animal & Poultry Breeding Y 12,5 I 3,5 N N Crop & Related Agricultural Production Y C 1, 5 C 2,5 C 3,5 16 RESOURCE PRODUCTION & EXTRACTION Fishing & A uaculture Activities Y C 1,5 C 2,5 C 3,5 C 6,7 Forestry & Timber Production Y C1,5 C 2,5 C 3,5 C 6,7 Oil & Natural Gas Wells Y Y C2 C3 C 6,7 Strip & Open Pit Mining Y Y C2 C3 C 6,7 Stone & Mineral Quarries Y Y C2 C3 C 6,7 Other Minine & Resource Recovery Y Y C2 C3 C 6,7 58 RECOMMENDED MASTER PLAN CONCFFI Page 59 "I'llil LAND us COX nELD (PRX) PARIS. 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CA N ,a � C eva .� eery co c 0 N N �9'� O= d° 0 a �r'L Cc N O C V G N m _Q Q N L 4-1 N eta S R C Q O 0' e> O N O d= ,� r W o o = p C3 r oO Q% CL cm - -0 q0 N � 0 Q M °? M = -J (1) .tea L 'Q O t CL c LM 0 CL _� CD C Cg O o �' tV CD M U J oN .E Ui E E� Page 67 Airport Division Validated 0912012 FAA Central Region Suggested Template for Avigation Easements We have provided this sample Avigation Easement language to assist Sponsors with the preparation of an agreement for their speck location and situation. We recommend Sponsors fumish this sample language to their attorney tasked with preparing the actual Avigation Easement. Limitations of Use The FAA's provision of this sample language serves as a starting point for the Sponsor for preparing their customized avigation easement. Sponsors must not construe provision of this sample document as being complete and legally sufficient. Sponsors are solely responsible for verifying the legal status of all contractual matters, including establishment of avi ation easements. SURFACE AND OVERHEAD AVIGATION EASEMENT WHEREAS, (Property Owner), hereinafter called the Grantors are the fee owners of the following specifically described parcel of land situated in (City, County & State): (Metes & bounds description of easement parcel) hereinafter called "Grantors' property" and outlined on an attached Exhibit A map. NOW, THEREFORE, in consideration of the sum of $ and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantors, for themselves, their heirs, administrators, executors, successors and assigns do hereby grant the following appurtenant rights and benefits to the (Name of Airport) hereinafter called the "Grantee" for the use and benefit of the public. The appurtenant rights and benefits include the uses, rights and restrictions described as follows: The unobstructed use and passage of all types of aircraft in and through the airspace at any height or altitude above the surface of the land. The right of said aircraft to cause noise, vibrations, fumes, deposits of dust, fuel particles (incidental to the normal operation of aircraft); fear, interference with sleep or communication, and any other effects associated with the normal operation of aircraft taking off, landing or operating in the vicinity of (Airport). As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include jet, propeller- driven, civil, military or commercial aircraft; helicopters, regardless of existing or future noise levels, for the purpose of transporting persons or property through the air, by whoever owned or operated. .: Airport Division Validated 09/2012 FAA Central Region In granting this easement, the Grantors agree to make no modifications to the following "accepted" existing structures lying within the bounds of the easement area of the Grantors' property. (Example: 20' x 25' utility shed, see attached Exhibit A map) The Grantors agree that during the life of this easement, they will not construct, erect, suffer to permit or allow any structure or trees on the surface of the burdened property. The Grantors may not permit any places of public assembly or gatherings within the easement area. (Examples: churches, schools, day care facilities, hospitals, restaurants, stadiums, office buildings, etc.) The Grantors are permitted to continue to grow and harvest crops or graze livestock in the easement area The Grantors agree to keep the easement area free of the following: structures (permanent or temporary) that might create glare or contain misleading lights; residences, fuel handling and storage facilities and smoke generating activities and creation of any means of electrical interference that could effect the movement of aircraft over the easement area. Grantors agree to waive all damages and claims for damages caused or alleged to be caused by the Grantors violation of any aspect of this easement document. The (.Airport) has a perpetual right of ingress /egress in the easement area and the right to remove any new structure or vegetation that is not specifically mentioned above as "accepted." TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto the Grantee, its successors, and assigns, until said (Airport) shall be abandoned and shall cease to be used for public airport purposes. It is understood and agreed that all provisions herein shall run with the land and shall be binding upon the Grantors, their heirs, administrators, executors, successors and assigns until such time that the easement is extinguished. IN WITNESS WHEREOF, the grantors have hereunto set their hands and seals this day of , 20 . (Local recordation and subordination practices must also be met. If subordination is necessary in which case the mortgagee must join in the agreement, a statement must be made to assure that the mortgage is subordinate to the Easement and the Easement recording superior and prior to lien in said mortgage without consideration of the date of the mortgage instrument) (SEAL) Grantor(s) .• AIP Sponsor Guide -500 9/4/12 Central Region Airports Division 550 - Runway Protection Zones Overview Runway protection zones are a trapezoidal area `off the end of the runway end that serves to enhance the protection of people and property on the ground" in the event an aircraft lands or crashes beyond the runway end. Runway Protection Zones underlie a portion of the approach closest to the airport. Many people have confused the RPZ with the need for Object Free Areas (OFA), Obstacle Free Zones (OFZ), Object clearing criteria, and Part 77 requirements. Each of these serves distinct purposes and are not all coincident. While the RPZ also has limitations on obstructions (because it lies below the approach surface and because it includes safety areas and obstacle free areas), the primary purpose of the RPZ is the protection of people and property on the ground. Airport Property and the RPZ Under FAA design criteria (which applies to all obligated airports), the airport must own the landing area. Secondly the airport owner must have sufficient interest in the Runway Protection Zones to protect the Runway Protection Zones from both obstructions and incompatible land use. Finally the airport owner must strive to attain compatible zoning around the airport in order to prevent incompatible land uses that: • Could cause sufficient conflict that endangers the airport • Cause it to be closed or • Require substantial remedial investment to purchase conflicting developed property. Sponsor may attain sufficient interest in the Runway Protection Zones in three primary ways. (1) The first and the preferred method is for the airport to purchase the approach areas in fee. Ownership in fee is preferred because it provides maximum control for the airport. (2) The second is through purchase of an easement (or a combination of easement and zoning). (3) The third alternative is to rely upon adequate zoning which should be enacted even if fee or easement ownership is in place. FAA Advisory Circular 150/5300 -13 states this ownership policy as follows: "All ... existing and planned airport elements including the following should be on airport property. (A) Object Free areas, (B) Runway Protection Zones (C) Areas under ...Part 77 ... imaginary surfaces out where the surfaces obtain a height of at least 35 feet above the primary surface; and (d) Areas, other than those which can be adequately controlled by zoning, easements, or other means to mitigate potential incompatible uses ... Such control includes clearing RPZ areas (and maintaining them clear) of incompatible uses and activities! Through experience we have learned that it is usually less expensive in the long run to acquire the RPZ in fee rather than acquiring an easement. This is because an easement must be very restrictive in order to provide adequate control unless zoning is also very restrictive. 500 -14 70 '4 AIP Sponsor Guide -500 9/4/12 O Z; Central Region Airports Division Compatible Land Use Compatible land use within the RPZ is generally restricted to such land uses as agricultural, golf course, and similar uses that do not involve congregations of people or construction of buildings or other improvements that may be obstructions. "The following land use criteria apply within the RPZ: (a) While it is desirable to clear all objects from the RPZ, some uses are permitted, provided they do not attract wildlife, are outside the Runway OFA, and do not interfere with navigational aids. Automobile parking facilities, although discouraged, may be permitted, provided the parking facilities and any associated appurtenances, in addition to meeting all of the preceding conditions, are located outside of the object free area extension. (8) land uses prohibited from the RPZ are: residences and places of public assembly. (Churches, schools, hospitals, office buildings, shopping centers, and other uses with similar concentrations of persons typify places of public assembly.)' In cases where the land is already developed and it would be too expensive to acquire the existing development, this policy is a recommendation to the landowner (i.e. it is a notice to the landowner that the FAA considers such uses incompatible). "Where it is determined to be impractical for the airport owner to acquire and plan the land uses within the entire RPZ, the RPZ land use standards have recommendation status for that portion of the RPZ not controlled by the airport owner! Where such land is vacant, it is rarely impractical to acquire the land in the RPZ. Even if the cost of the land seems to be prohibitive the airport owner is expected to exercise sufficient control through zoning or easements to prevent prohibited land uses. It is FAA policy to object to incompatible land uses that are proposed for property within the RPZ whether or not the airport owns the land and such objection should be anticipated. In particular when we receive a proposal for an airspace study under Part 157 for the RPZ we will object when that proposal conflicts with an airport planning or design standard or recommendation. FAA Recommendation We recommend that Airport owners and managers review the Airport Layout Plan for conformity with the above statement. Airports that do not own the entire RPZ should consider the need to acquire such land i there is any possibility that incompatible land uses could occur with in the RPZ. In particular easements should be reviewed to ensure that land uses are restricted not just obstructions. Where necessary, requests should be made to the appropriate zoning authority to rezone such land to prevent future incompatible use. Where neither zoning nor easements are adequate the RPZ should be acquired in fee. Airport layout plans should be revised if necessary to show such future land acquisition so that it is eligible under the Airport Improvement Program. An airport can acquire such land and be reimbursed at later date from a future AIP grant, if funds become available, such land acquisition is shown on an approved ALP, and the FAA determines that such land is eligible. RESOURCES Advisory Circulars • AC 15015300 -13 - Airport Design 500 -15 71 Federal Aviation Regulation Part 77 The construction of tall structures — including buildings, construction cranes, and cell towers — in the vicinity of an airport can be hazardous to the navigation of airplanes. The FAA, through FAR Part 77, established a method of identifying surfaces that should be free from penetration by obstructions in order to maintain sufficient airspace around airports. FAR Part 77, in effect, identifies the maximum height at which a structure would be considered an obstacle at any given point around an airport. The extent of the off-airport coverage needing to be evaluated for tall structure impacts can extend miles from an airport facility. Tall structure impacts have historically involved the height of buildings and the height of cranes used in construction. However, with the influx of radio antennae and, most recently, towers to support wireless telecommunications and digital television, the need for careful review of siting such facilities has increased. The Page III -14 III. Legislation and Federal Regulations Relating to Compatible Land Use Planning 72 location of tall structures within local airspace can significantly affect the ability of FAA's Air Traffic Control to route aircraft into and out of an airport and can also reduce an airport's capacity. This guide presents the criteria for evaluating potential obstructions and summarizes the general processes involved in the review and approval of the location of tall structures around airports. The FAA airspace process serves several essential notification and coordination functions, beyond simply ensuring that the approaches to an airport are not obstructed by the construction of objects or the construction of other runways. Each person proposing any type of construction or alteration under the provisions of FAR Part 77 is required to notify the FAA by completing FAA Form 7460 -1, Notice of Proposed Construction of Alteration. The completed form should be sent to the Air Traffic Division of the FAA regional office having jurisdiction over the area where the construction or alterations would be located. Aviation electronic navigation aids (such as radar facilities, and instrument landing systems) are necessary to provide for the safe movement of aircraft. Although many of the navigation systems are located on the airport, some systems (or portions of systems) must be located off airport property. Such electronic systems (whether located on- airport or off) have the potential of being interfered with if non - aviation related electronic sources are placed in proximity or if structures are constructed which could block the navigation aid signals. Where off - airport electronic navigation facilities occur, any development proposed to be located near these facilities needs to be reviewed by the FAA to determine if any interference to the use of the navigation aid would occur. In addition, the placement of lights (high mast lighting and stadium lights, for example) near an airport can be a visual distraction to pilots approaching an airport facility. The process that airports and local governments can follow to ensure that potential impacts related to electronic or visual navigation are avoided is included in this guide. AC 70/7460 -2J, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace Page III -15 III. Legislation and Federal Regulations Relating to Compatible Land Use Planning 73 The FAA Form 7460 -1 and the accompanying information in a 7460 Notice of Proposed Construction or Alteration package should be sent to the FAA Airports Division for all proposed construction or temporary construction cranes on any Federally Obligated Airport or to the FAA Air Traffic Division for any construction off an airport that meets the notice criteria listed below (see FAR Part 77, Section 77.13 -Notice Criteria). A 7460 form is required for the following reasons: 1) So that hazards to aviation are minimized, 2) To serve as notification to pilots (NOTAMS) of potential airspace hazards, 3) For marking and lighting of structures, 4) To depict obstacles on aeronautical charts, and 5) To coordinate radio transmissions between the FAA and FCC. Construction activities at or near airports must be reported via FAA Form 7460 -1 at least 30 days before proposed construction or application for building permit, in any of the following situations: • Construction/alteration including construction cranes more than 200 feet in height above the ground level at its site. • Construction/alteration including construction cranes of greater height than an imaginary surface extending outward and upward at one of the following slopes: - 100 -to -1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport (public -use or military) with at least one runway more than 3,200 feet in actual length, excluding heliports. - 50 -to -1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport (public use or military) with its longest runway no more than 3,200 feet in actual length, excluding heliports. Page III -16 III. Legislation and Federal Regulations Relating to Compatible Land Use Planning 74 — 25 -to -1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and take -off area of each heliport (public use or military). Highways, railroads, or other traverseway for mobile objects of a height which, if adjusted upward 17 feet for interstate highways, 15 feet for public roadways, 10 feet (or the height of the highest mobile object that would normally traverse the road, whichever is greater) for private roads, 23 feet for a railroad, and for a waterway or any other traverseway not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it would exceed a standard of the previous paragraphs. When requested by the FAA, construction/alteration that would be in an instrument approach area. Any construction on public or military airports. If runways or taxiways to be constructed are already shown on an approved Airport Layout Plan (ALP) and no changes are required, the 7460 -1 does not need to be submitted. Temporary cranes or other construction equipment over 20 feet in height require submittal of the 7460 -1. The FAA will conduct an aeronautical study and issue a determination to the proponent of the construction/alteration which is also forwarded to the airport operator if determined to be a hazard. A determination does not relieve the proponent of responsibility for compliance with any other local law, ordinances, or regulation, or state or other federal regulations. When evaluating proposals, the FAA will also examine the use of cranes, derricks, and other construction equipment that is used to accomplish the proposal. If construction information is not available at the time the 7460 proposal is submitted, further aeronautical study for the height of construction equipment is necessary. Because the FAA has no land use control powers, it is important that local planners are aware of the various, critical safety considerations when siting developments around airports. Page III -17 IV. Funding Sources for Compatible Land Use Planning 75