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HomeMy WebLinkAboutO-1140ORDINANCE NO. 1140 AN ORDINANCE REGULATING THE USE OF PROPERTY AND ESTABLISHING NOISE ATTENUATION REQUIREMENTS FOR THE CONSTRUCTION OF CERTAIN STRUCTURES IN THE VICINITY OF THE FAIRHOPE MUNICIPAL AIRPORT BY CREATING AN AIRPORT OVERLAY DISTRICT AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO FAIRHOPE MUNICIPAL AIRPORT OVERLAY ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; AND IMPOSING PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, WHILE IN REGULAR SESSION AT THE FAIRHOPE CITY HALL ON DECEMBER 20, 2001, as follows: ARTICLE I AUTHORITY AND ENACTMENT CLAUSE The City Council of the City of Fairhope, Alabama, in pursuance of the authority granted by Titles 4, Chapter 6, Section 1 through 15, Code of Alabama, 1975, hereby ordains and enacts into law the following sections. ARTICLE 2 SHORT TITLE This Ordinance shall be known as and may be cited as "The Airport Overlay District Zoning Ordinance of the City of Fairhope, Alabama." ARTICLE 3 FINDINGS It is hereby found that certain land uses are incompatible with noise generated by aircraft using the Fairhope Municipal Airport and that these land uses have the potential to impair the existing and future utility of the Fairhope Municipal Airport and the public investment therein. Accordingly, it is declared: 1. That the establishment and construction of noise sensitive developments in the vicinity of the airport have the potential of limiting the existing and future utility of the airport and may adversely affect the region served by the Fairhope Municipal Airport; 2. That noise sensitive developments in the vicinity of the airport have the potential to become land uses incompatible with airport operations over time and it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of incompatible land uses be prevented. 3. The prevention of the creation or establishment of incompatible land uses, and the elimination, removal, alteration, and mitigation are public purposes. 4. That land in the vicinity of the airport has the potential of being exposed to sound levels of 65 Ldn and higher. 5. That the construction of certain noise sensitive developments in the vicinity of the airport should include outdoor -to -indoor noise attenuation features so as not to be incompatible with existing and future noise levels. 6. That the Fairhope Municipal Airport fulfills an essential community purpose. Ordinance No. 1140 Page —2- ARTICLE 4 PURPOSE AND APPLICABILITY 1. Purpose The purpose of these regulations is to promote the health, safety, and general welfare of the public by preventing the creation and establishment of land uses incompatible with the operations of the Fairhope Municipal Airport and requiring the incorporation of outdoor -to -indoor noise attenuation measures for the construction of certain structures within the boundary of the Airport Overlay District Zone. For decades, residential housing has been constructed near airports, often without consideration of the current and future airport noise impacts to homeowners. As a result, millions of federal, state, and local dollars have been used to pay for noise mitigation programs in the United States. It has been determined that current airport noise impacts to residents in the vicinity of the Fairhope Municipal Airport are minimal. However, the potential for future conflict seems certain given that the area's residential growth and continued plans to promote development in the vicinity of the airport. The purpose of this plan is to promote the implementation of modest measures that will prevent conflicts between future residential homeowners and the airport that could require expensive retroactive noise insulation programs, residential relocation programs, and restrictions on the efficient operation of the Fairhope Municipal Airport. 2. Applicability The regulations set forth herein are applicable to all lands lying within the Airport Overlay District Zone which is delineated on the Fairhope Municipal Airport Overlay Zoning Map adopted as part of the Airport Overlay District Zoning Ordinance of the City of Fairhope, Alabama. ARTICLE 5 DEFINITIONS For the purpose of the Ordinance, certain terms and words are defined as follows: (1) Airport - Fairhope Municipal Airport. (2) Airport Board - The advisory board of the City of Fairhope organized to consult the City on matters concerning aviation and the operation of the airport. (3) Avigation Easement - An easement over a parcel of land for the special purpose of protecting navigable airspace and providing the right to generate noise and other effects caused by the operation of aircraft over said property. (4) Day -Night Sound Level (Ldn) - A cumulative aircraft noise index which estimates the exposure to aircraft noise and relates the estimated exposure to an expected community response. The Day -Night Sound Level noise metric assesses a 10 dB penalty to all noise events occurring between 10:00 p.m. and 7:00 a.m. (5) Noise Sensitive Structure - An inhabitable or occupied structure including, but not necessarily restricted to, temporary or mobile structures, apartment buildings, hospitals, schools, churches, day care facilities, hotels, residential structures, condominiums, recreational facilities, commercial buildings, and office buildings, in which the activities of the occupants may be adversely affected by aircraft noise. (6) Nonconforming Use - Any pre-existing structure or use of land which is inconsistent with the provisions of the Ordinance or an amendment thereto. (7) Obstruction - Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Federal Aviation Regulations Part 77. Ordinance No. 1140 Page —3- (8) Person - An individual, firm, partnership, limited partnership, corporation, company, association, joint stock association or government entity; including a trustee, a receiver, an assignee, or a similar representation of any of them. (9) Runway - A defined area on an airport prepared for landing and take- off of aircraft along its length. (10) Structure- An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. ARTICLE 6 AIRPORT ZONES To carry out the provisions of this Ordinance, there is hereby created and established an Airport Overlay District Zone which includes all of the land lying within the boundary of the Airport Overlay District as it applies to the Fairhope Municipal Airport. The Airport Overlay District is shown on the Fairhope Municipal Airport Overlay District Map which is attached to this Ordinance and made a part hereof. ARTICLE 7 AIRPORT NOISE OVERLAY DISTRICT REQUIREMENTS Except as otherwise provided in this Ordinance, noise sensitive structures erected or substantially altered within the boundary of the Airport Overlay District are required to incorporate outdoor -to -indoor noise level reduction measures into the design and/or construction of the structure. 1. Noise Attenuation Performance Standards - The performance standard for the level of sound attenuation for noise sensitive structures constructed in the Airport Overlay District Zone will be equivalent to achieving an interior noise level of 45 dB (A -weighted) when the structure is exposed to an outdoor noise exposure level of 65 Ldn or higher. 2. Noise Attenuation Methods - Noise reduction may be accomplished through design standards and/or construction materials. Noise attenuation design measures and materials are referenced in the City Standard Building Code of the City of Fairhope, as amended. In all cases, construction must conform with the general requirements of the City Standard Building Code of the City of Fairhope, as amended. 3. Noise Attenuation in Noise Sensitive Commercial Structures - Only those portions of commercial structures associated with noise sensitive activities must incorporate noise level reduction measures sufficient to achieve an interior noise level of 45 dB (A -weighted) when the structure is exposed to an outdoor noise exposure level of 65 Ldn or higher. 4. Architect or Engineer Review — An architect or engineer must review the plans to determine if the building design complies substantially with the intent of the ordinance. 5. Avigaation Easement - The owner applying for approval to construct a noise sensitive structure or residential subdivision within the area under the Runway Approach Surfaces located within the Airport Noise Overlay District shall agree to grant to the Fairhope Airport Authority, without compensation, an avigation easement for the passage of aircraft and the right to cause in all airspace above the surface of the Grantor's property such noise and other effects that may be caused by aircraft operating at the Fairhope Municipal Airport. Ordinance No. 1140 Page-4- ARTICLE 8 USE RESTRICTION Notwithstanding any other provisions of the Ordinance, no use may be made of structures, land, or water within the Airport Overlay District Zone established by this Ordinance in such a manner as to create physical or electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take off, or maneuvering of aircraft intending to use the airport. ARTICLE 9 NONCONFORMING USES Regulations Not Retroactive - The regulations prescribed in this Ordinance shall not be construed to require the removal, soundproofing, or other change or alteration of any noise sensitive structure not conforming to the regulations as of the effective date of this Ordinance, or otherwise interfere with continuance of a nonconforming use. Nothing contained therein shall require any change in the construction, alteration, or intended use of any noise sensitive structure, the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently prosecuted to completion within a reasonable time after such effective date. Building Additions - A non -conforming noise sensitive structure existing at the time this Ordinance is enacted may be extended or enlarged, provided the extension or enlargement to the structure meets the requirements of this Ordinance. Nonconforming Uses Abandoned or Destroyed - Whenever the Zoning Administrator determines that a nonconforming noise sensitive structure has been abandoned, or more than 50 percent destroyed, physically deteriorated, or decayed (based on assessed value), the rebuilding or repair of the structure will require that the owner comply with the requirements of this Ordinance ARTICLE 10 PERMITS Permit Required - No noise sensitive structure shall be erected or otherwise established in the Airport Overlay District hereby created unless a permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to determine whether the resulting structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this ordinance shall be granted unless a variance has been approved in accordance with Article 10, Section 2, of this Ordinance. Variances - Any person desiring to erect or substantially alter a noise sensitive structure not in accordance with the regulations prescribed in the Ordinance, may apply to the Board of Adjustments and Appeals for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create, or have the potential to create, an incompatible land use, will do substantial justice, and will be in accordance with the spirit of the Ordinance. Additionally, no application for variance to the requirements of this Ordinance may be considered by the Board of Adjustments and Appeals unless a copy of the application has been furnished to the Airport Authority for advice as to the effect of the variance on the current and long-term operation of the airport. If the Airport Authority does not respond to the application within 15 days after receipt, the Board of Adjustments and Appeals may act on its own to grant or deny said application. 4 Ordinance No. 1140 page —5- Permit Application Requirements - An application for a permit shall be accompanied by a plat or plan showing the location of the lot to be built upon and the location of the proposed structure; a certification from a registered architect, engineer, or acoustician that the plans for the structure include noise attenuation measures adequate to meet the requirements of this Ordinance; together with such other information as the Zoning Administrator may deem necessary to enforce properly the provisions of this Ordinance. ARTICLE 11 ENFORCEMENT It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Administrator upon a form published for that purpose. Applications required by this Ordinance to be submitted to the Zoning Administrator shall be promptly considered and granted or denied. Application for action by the Board of Adjustments and Appeals shall be forthwith transmitted by the Zoning Administrator. ARTICLE 12 BOARD OF ADJUSTMENTS AND APPEALS Powers - The Board of Adjustments and Appeals shall have and exercise the following powers: a. To authorize in specific cases such variance from the terms of the Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordinance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done. The Board shall not grant a variance to the terms of this Ordinance if the hardship is self- imposed by the applicant. To hear and decide special exceptions to the terms of this Ordinance upon which the Board may be required to pass under these regulations. To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of the Ordinance. Basis for Actions - The Board of Adjustments and Appeals shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or Ordinance which comes before under the provisions of this Ordinance. Vote - The concurring vote of a majority of the members of the Board of Adjustments and Appeals shall be sufficient to reverse any order, requirement, decision, or determination of the Zoning Administrator or decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect variation to this Ordinance. Retention of Documents - The Board of Adjustments and Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called on by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. ARTICLE 14 JUDICIAL REVIEW Any person aggrieved by any decision of the Board of Adjustments and Appeals or the Zoning Administrator, or any governing body of a political subdivision which is of the opinion that a decision of the Board of Adjustments and Appeals or the Zoning Administrator is an improper application of airport zoning regulations of concern to such governing body, may appeal to the Circuit Court of Baldwin County as provided in Title 4, Chapter 6, Section 11, Code of Alabama, 1975. Ordinance No. 1140 Page —6- ARTICLE 15 REMEDIES FOR VIOLATIONS In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Ordinance, the City Council, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land to prevent any illegal act, conduct, business or use in or about such premises. ARTICLE 16 CONFLICTING REGULATIONS In the event of conflict between the regulations of this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the use of land or any other matter, and whether such regulations were adopted before or after the Airport Overlay District Zoning Ordinance of the City of Fairhope, Alabama, or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. ARTICLE 17 SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. ARTICLE 18 AMENDMENTS The City Council may, from time to time, amend this Ordinance after receiving a report thereon from the Planning Commission. The Planning Commission shall prepare a preliminary report on any proposed amendment and hold public hearings thereon before submitting its final report to the City Council. Upon receipt of the final report from the Planning Commission , the City Council shall cause the proposed amendment to be published at least once a week for two consecutive weeks in advance of its passage in a newspaper of general circulation within the City, or, if there is no such newspaper, then by posting the same in four conspicuous places within the City, together with a notice stating the time and place that the amendment is to be considered by the City Council, and stating further that at such time and place all persons who desire shall have an opportunity to be heard in opposition to or in favor of such regulations. No such regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. ARTICLE 19 EFFECTIVE DATE This Ordinance shall take effect and be in force upon its adoption and publication as required by law. ADOPTED ON THE 20Tu day of DECEMBER , 2001 17 K. P k 4Timy. K ti t, Mayor Attest: Geniece W. Johnson, City -wwlll� ww �• ww_;1tp �� 1 .� !=II1L151111 ��1111111!�14�1111111� ,111�:�:1�1,rLu. i1:C111'� luu.;l,l:r:nlu f�I�Ji ■l 1is �7� i►' nip ww� �� �� �� ■1:7. �. �,� � (J•. �i�� ram_ ww ww' � IMP � II/1/�Ilt\1 - Ali li/ nestles NU