Compatible use ordinances can vary greatly in their structure. Below are descriptions1,2,3 of the sections that typically appear in ordinances, including examples from adopted ordinances.
Introduction
The introduction briefly describes the compatibility issues surrounding military installations and those areas where those issues arise, along with why and how the jurisdiction decided to propose an ordinance. What is the name of the local installation? What sort of operations happen there, and what is the installation's importance to the community? What are the most important compatible use issues? Safety? Noise? How do those issues affect the community? Is there a CUS or some other process that governs consideration of the ordinance and, if so, what are the important dates in that process? What is the ordinance's purpose and intent?
Example from the Prince George's County Military Installation Overlay Zoning Map Amendment:
- “Joint Base Andrews Naval Air Facility Washington (JBA) is the sole military aviation base in the Washington, D.C. region, and is the second largest employer in Prince George's County. Thousands of flights take off and land at the base every year on a variety of missions that include material and personnel transport, combat air defense, and transporting the President of the United States and other important international leaders. Flight operations at JBA affect the lives of thousands of residents, visitors, and employees in Prince George's County daily. The noise impacts of flight operations are an obvious reminder of the base's presence. [...] After 3 years of public and stakeholder engagement, and a multiyear legislative process, in November 2015, the County Council adopted CB‐42‐2015, creating the Military Installation Overlay (M‐I‐O) Zone and the process for applying the zone to properties impacted by, or with potential impact on, flight operations at JBA. This zoning map amendment is that process.” (Prince George's County, 2016 MIOZMA)
Purpose and Intent
This section describes how the proposed ordinance will address compatible use issues. Will it limit development or population density in the affected area? Will the proposed ordinance require consultation with the installation when development is proposed? Will real estate transactions require new owners or lessees to be notified that they are in a high noise zone?4 This section should tie the described compatible use concerns to how they will be addressed by the ordinance. Since these are closely interrelated, this section is often combined with the introduction section.
Example from the
Prince George's County Military Installation Overlay Zoning:
- “The purposes of the Military Installation Overlay Zone are to regulate the development and use of structures and property in order to promote land uses compatible with operations at Joint Base Andrews; to protect the safety and welfare of individuals in the area from the adverse impacts associated with high levels of noise from flight operations and the potential for aircraft accidents associated with proximity to Joint Base Andrews operations. The intent of the regulations is to recognize the rights of individual property owners while reducing interference with the military operations at Joint Base Andrews.” (Prince George's County, MIOZ Purposes)
Example from the San Antonio Military Airport Overlay Zones:
- “The City of San Antonio has designated the military airport overlay zones in order to promote the public health, safety, peace, comfort, convenience, and general welfare of the inhabitants of military airport environs and to prevent the impairment of military airfields and the public investment therein. The land areas below military airport takeoff and final approach paths are exposed to significant danger of aircraft accidents. It is, therefore, necessary to limit the density of development and intensity of uses in such areas. The military airport overlay zones are intended to: guide, control, and regulate future growth and development; promote orderly and appropriate use of land; protect the character and stability of existing land uses; enhance the quality of living in the areas affect; protect the general economic welfare by restricting incompatible land uses; prevent the establishment of any land use which would endanger aircraft operations and the continued use of military airports.” (San Antonio, Sec. 35-334. - "MAOZ" Military Airport Overlay Zones)
Example from the
Virginia Beach Special Regulations in AICUZ:
- “The purpose of this article is to regulate, in a manner consistent with the rights of individual property owners and the requirements of military operations at NAS Oceana, development of uses and structures that are incompatible with military operations; to sustain the economic health of the city and Hampton Roads Region; to protect and preserve the public health, safety and welfare from the adverse impacts associated with high levels of noise from flight operations at NAS Oceana and the potential for aircraft accidents associated with proximity to airport operations; and to maintain the overall quality of life of those who live, work and recreate in the City of Virginia Beach.” (Virginia Beach, Article 18)
Definitions
The definitions section defines concepts that are particular to an ordinance and will vary depending on the compatibility issue being addressed. It could include definitions for the name of the overlay, “high noise zone,” “obstruction,” “imaginary surface,” “glare,” or other terms that have a specific meaning in the context of the ordinance. Many of these definitions can be taken from the technical documents that underpin the ordinance.
Example from the
Prince George's County Military Installation Overlay Zoning Map Amendment:
- “Noise Contour and High Intensity Noise Areas: Those areas impacted by noise levels from flight operations exceeding 60 and 74 dBA Ldn, respectively. These areas represent approximately 0.35 percent of the total land area of Prince George's County outside of JBA.” (Prince George's County, 2016 MIOZMA)
Example from the
St. Mary's County AICUZ and Airport Environs (AE) Overlay Zone:
- “Clear Zone (CZ): Within the CZ, aircraft can be expected to operate at an altitude close to ground level, and therefore this area is the area of greatest aircraft accident potential and threat to human life and real property improvements.”
- “Accident Potential Zone 1 (APZ 1): This is the glide zone and an area in which aircraft are transitioning to commit to touchdown or takeoff with high power settings in a descending or climbing altitude. It is an area of high concentration of air traffic and noise and represents the second greatest accident and risk potential.”
Example from the
San Antonio Military Lighting Overlay Districts:
- “Exempted nonconforming luminaires: Any existing luminaires which were lawfully in place according to all applicable city ordinances at the time, but which do not now comply with all applicable regulations as of the effective date of district designation.” (San Antonio, Military Lighting Overlay Districts)
Example from the
Arizona Title 28:
- “‘High noise or accident potential zone' means any property located in the following zones: (a) For Luke air force base in Maricopa county, within the 1988 noise contours developed and recognized by the regional planning agency in that county that includes the arrival and departure corridor that is the accident potential zone one and accident potential zone two plus the land area described as follows: starting two hundred feet from the south end of the westernmost runway at a width of one thousand five hundred feet west and two thousand five hundred feet east, measured perpendicular to the centerline of the runway, and extending southwesterly parallel to the runway for a distance of thirty thousand feet.” (Arizona, Title 28 - Transportation)
For a list of other commonly used terms and acronyms and their definitions, visit the
Terms and Acronyms page in website resources.
Applicability
This section describes the geographical scope of the ordinance and the types of activities to which it applies, including things like “subdivisions within the Military Overlay District,” “all structures within the defined corridor that exceed the maximum height limits established by this ordinance,” “new home purchases within the noise overlay,” or “new and refurbished lighting fixtures within five miles of the installation boundary.” This section links the terms described in the Definitions section to the affected locations.
Example from the
Prince George's County Military Installation Overlay Zoning:
- “The requirements of the M‐I‐O Zone apply to all uses (principal, accessory, and ancillary), properties, and development applications within the three geographic areas identified above, with the following exceptions (pursuant to Sec. 27‐548.53 of the Zoning Ordinance): [...]” (Prince George's County, 2016 MIOZMA)
Example from the
St. Mary's County AICUZ and Airport Environs (AE) Overlay Zone:
- “Applicability: All existing, new, or improved public airports, airfields, or heliports shall be located within an AICUZ or AE Overlay Zone.
- An AICUZ Overlay applies to certain lands immediately surrounding the Patuxent River Naval Air Station and has been delineated on the Official Zoning Maps in accordance with all state and federal aviation requirements.
- An
AE Overlay applies to certain lands surrounding the St. Mary's County Regional Airport and has been delineated on the Official Zoning Maps in accordance with the County's airport master plan.
- If a portion of a lot, parcel, or tract lies within one of the AICUZ or AE subdistrict(s), the restrictions upon uses and structures apply only to that portion of the lot, parcel, or tract located within the AICUZ or AE subdistrict(s).”
Example from the
Yuma Airport Overlay District:
- “(1) Generally. The provisions and regulations of the Airport Overlay District supersede and are in addition to other provisions and regulations of the zoning ordinance that are applicable as determined by the zoning districts on the official zoning map of the city. (2) Application to new construction. Nothing contained herein shall require any change or alteration in a lawfully constructed or established building, structure or use in existence at the time of the adoption or amendment of the Airport Overlay District. These regulations are intended to regulate only the construction or establishment of any new building, structure or use; moving or relocation of any building, structure or use to a new site or new location; the expansion, extension or reconstruction of any existing building, structure or use; and the operation or continuance at any time following the effective date of the Airport Overlay District of any building, structure or use which has been unlawfully established, erected, remodeled or rehabilitated. [...]” (Yuma, Airport Overlay District)
Example from the
Virginia Beach Article 18:
- “The provisions of this Article shall apply to discretionary development applications for any property located within an Accident Potential Zone (APZ) or 65-70 dB DNL, 70—75 dB DNL or >75 dB DNL Noise Zone, as shown on the official zoning map, that have not been approved or denied by the city council as of the date of adoption of this Article. For purposes of this Article, discretionary development applications shall include applications for: (1) Rezonings, including conditional zonings; (2) Conditional use permits for new uses or structures, or for alterations or enlargements of existing conditional uses where the occupant load would increase; (3) Conversions or enlargements of nonconforming uses or structures, except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase; (4) Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased; and (5) Special exceptions for Alternative Compliance in any zoning district listed in section 102(a)(13) where the special exception allows a use not otherwise permitted by applicable regulations.” (Virginia Beach, Article 18)
Compatible Land Use Topics
This section includes the regulations that address compatibility concerns and typically constitutes the bulk of an ordinance. It may also include overlay maps or reference them. Impacts such as noise and safety concerns may differ by zone and are best described in a table that allows cross-referencing by zone and land use type.
In certain cases, a state or local jurisdiction may require builders and real estate agents to provide disclosure statements to prospective property buyers, making them aware of military activity impacts on a property. See Note 4 above. Such disclosures ensure that buyers understand that they may be restricted or prohibited from making certain renovations, changes, or expansions to their purchased homes and land.
Restricted, Limited, and/or Permitted Uses
Local jurisdictions may want to identify in the ordinance those uses that are prohibited or limited and where those constraints apply. Jurisdictions should be careful, however, when describing prohibited uses. The purpose of the prohibition should be clearly and fully explained, and it should be targeted specifically to the area designated by a military overlay or other similar zone. This can be accomplished by directly connecting the prohibited uses to their impact on installation operations in an area outlined in a technical study, such as an AICUZ. The list of prohibited uses should be short and clearly distinguish the intended prohibited uses. Support documentation associated with the ordinance should articulate the reasoning of any excluded uses and the associated negative implication that any use may have on the military facility intended to be addressed by the ordinance.
As noted in
DoD Instruction 4165.57, Appendix 3B.3: Recommended Land Use Compatibility in APZs, recommendation of compatible or prohibited land uses “are intended to support compatible land use planning both on and off base; they do not constitute a Federal [or state] determination that any use of land is acceptable or unacceptable under local zoning.” The compatibility recommendations set forth in the federal guidance have the primary objective of discouraging land uses involving substantial human presence in areas that experience high noise levels, a greater potential for aircraft mishaps, or other characteristics caused by proximity to the installation.
Prohibited uses may be described narratively or specified in a table, with a table most effective when there are multiple zones with differing constraints. Uses may be included in a dedicated section for ease of reference, or divided by compatibility topic, like the subsections below. The way in which use restrictions are described should be guided by the unique conditions of an installation or community.
Example from the
Prince George's County Military Installation Overlay Zoning:
- “(1) In order to protect the public health, safety, and welfare of the communities surrounding Joint Base Andrews and to protect air operations at Joint Base Andrews, the following uses are strictly prohibited in Accident Potential Zones 1 and 2 and the Clear Zone (also referred to collectively as the "Safety Zones") within the Military Installation Overlay Zone: (A) Schools that offer a complete program of nursery school education accredited by the Maryland State Department of Education or a complete program of academic elementary (including pre-kindergarten and kindergarten), junior high (middle), or senior high school education or public or private institutions of higher learning, colleges, or universities; (B) Club or lodge, or public building; (C) Commercial recreational or entertainment attractions (indoor or outdoor), community building, performance art center, arena, stadium, auditorium, museum, art gallery, theater, movie theater; [...]” (Prince George's County, 2016 MIOZ - Sec. 27-548.56. - Requirements Part 10C)
Example from the
St. Mary's County AICUZ and Airport Environs (AE) Overlay Zone:
In addition to a summary of compatible/permitted uses,
Section 43.3, Land Use and Development Regulations Generally provides more detailed information on the types of permitted uses inside the NAS Patuxent River AICUZ and the St. Mary's County Municipal AE Overlay Zone.
Example from the
San Antonio Military Airport Overlay Zones:
- “Permitted Uses. The following uses are permitted within the military airport overlay zones, subject to the limitations indicated in the military airport overlay zone permitted use table and the conditions set forth for visual and electrical interference and storage of flammables [subsections 35-334(e) through 35-334(f)]:”
MILITARY AIRPORT OVERLAY ZONE PERMITTED USE TABLE (Excerpt)
| MAOZ PERMITTED USE | MAOZ-1 | MAOZ-2 |
|---|
| Single-family Residence (minimum one dwelling unit per acre) | | P |
| ALCOHOL - retail sales | Pb | Pc |
| RACING - auto or truck track | | Pa |
| ANIMAL - equestrian center and riding trails | P | P |
aWith no public assembly
bBuilding size is limited to maximum 3,000 square feet.
cBuilding size limit in "MAOZ-2" is 250,000 square feet.
(San Antonio, Sec. 35-334. - "MAOZ" Military Airport Overlay Zones)
Noise
Military noise is typically from aircraft or weapons-firing. The military has examined the effect of noise on communities for decades, and the technical language in a noise report will allow a precise understanding of what the ordinance should cover. Noise levels are modeled based on the frequency, type, and timing of military operations over a set period of time. The recommended uses and development densities for different noise zones are standardized in the
DoD Instruction 4165.57, which includes tables that may be adopted in their entirety. Noise levels are given as
Day-Night Level (DNL or Ldn) average, which more heavily weight nighttime activities, when residents tend to be more sensitive to loud noises. Noise from aircraft, which is experienced mostly as a high-frequency whine, is provided in A-weighted decibels (dBA), while noise from explosions, which is experienced mostly as a low-frequency thump, is provided in C-weighted decibels. Recommendations for uses in various tiers of noise exposure are standardized throughout the military.
For more information on noise and sound, see
Fundamentals of Noise and Sound from the Federal Aviation Administration (FAA).
Example from the
Prince George's County MIOZ Requirements for Noise:
- “(b) Interiors of all new residential construction within the Noise Intensity Contours, including additions, must be certified to 45 dBA Ldn or less by an Acoustical Engineer or qualified professional of competent expertise. [...] (C) Prohibited Uses. To reduce the adverse impact of the noise of air operations on vulnerable populations, the following uses are prohibited in the High Intensity Noise Area: (i) Day care centers for children; (ii) Schools that offer a complete program of nursery school education accredited by the Maryland State Department of Education or a complete program of academic elementary (including pre-kindergarten and kindergarten), junior high (middle), or senior high school education; (iii) Playgrounds; (iv) Recreational programs, before- and after-school; (v) Swimming Pool, Community; (vi) Outdoor play areas; and (vii) All other active outdoor recreational uses.” (Prince George's County, MIOZ Requirements for Noise)
Example from the Virginia Beach Article 18- Special Regulations in Air Installations Compatible Use Zones (AICUZ):
Example from the
St. Mary's County AICUZ and Airport Environs (AE) Overlay Zone:
- “Noise from concentrated numbers of low-flying aircraft is expected to produce discomfort, annoyance, or a potentially unhealthy environment. Noise level contour lines based on anticipated day-night average sound level (ldn) in decibels (db) may be shown on the Official Zoning Maps, and additional sound deadening may be required, as shown on
Figure 43.2.A, in new construction or renovation to assure adequate construction requirements for sound level reduction to produce an acceptable interior environment. New development may be prohibited where indicated in Figure
43.2.A.”
Example from the
Spokane Fairchild Overlay Zones:
- “4. Vulnerable Occupant Uses. (a) Vulnerable occupant uses are uses in which a majority of occupants are children, elderly or disabled or other people who have reduced mobility or are unable to timely respond to emergencies or avoid harm's way. Examples of vulnerable occupant uses include daycare centers, family daycares, schools (grades K-12), hospitals, adult care and other health care facilities where anesthesia is used or patients remain overnight, correctional facilities, retirement homes, nursing homes, convalescent facilities and assisted living care residences. (b) Uses with vulnerable occupants are allowed outside the Ldn seventy-five contour when permitted in the underlying zone at a net density not exceeding one hundred eighty persons per individual acre calculated by dividing the building code occupancy of all structures on the site, provided that retirement homes, nursing homes, convalescent facilities, assisted living residences, community treatment facilities, child daycare and preschools, hospitals and schools (grades K-12) are not permitted in MIA 3/4.” (Spokane, Fairchild Overlay Zones)
Height
Most ordinances dealing with military airfields refer to
the FAA requirements designed to avoid obstructions within the airspace surrounding the airfield. A local ordinance addressing height may be more restrictive, based on final approval by local decision makers.
Example from the
Spokane Fairchild Overlay Zones:
- “Structures may not be constructed, altered, or maintained which would penetrate military airspace or vegetation allowed to grow into or project into military airspace as described in UFC 3-260-01. The Federal Aviation Administration shall review all development requests for consistency with this requirement. The planning services director may require a development applicant to provide such technical documents and illustrations as necessary to demonstrate that the proposed development will not penetrate an imaginary surface. Where an area or improvement is subject to more than one military airspace height limitation specified in this chapter, the more restrictive limitation shall prevail.” (Spokane, Fairchild Overlay Zones)
Example from the
Arkansas Section 14-56-426:
- “(c) The ordinance shall restrict or prohibit future uses within the five-mile area that violate the height restriction criteria of Federal Aviation Regulation, 14 C.F.R. Part 77, Subpart C. (d)(1) The ordinance shall be consistent with recommendations in the AICUZ Study for Little Rock Air Force Base, dated June 2011 and prepared by the United States Air Force. (2) Interpretations of such an ordinance shall take into account recommendations or studies with a view toward protection of the public and maintenance of safe aircraft operations.” (Arkansas, Section 14-56-426 [Act 530, 1995])
Example from the
Yuma Airport Overlay District:
- “The construction or establishment of any building, structure or use shall comply with the height limits as determined by the zoning district on the official zoning map of the city or the heights as determined from the airport runway approach clearance map, whichever is the more restrictive.” (Yuma, Airport Overlay District)
Safety
Most safety concerns addressed in military ordinances relate to the Clear Zones (CZs) and APZs that extend along and beyond military runways. The recommended uses and development densities for CZs and two types of APZs are standardized in the
DoD Instruction 4165.57, which includes tables that may be adopted as part of an ordinance. In rare cases, concerns about stored munitions/explosives may arise when the
quantity distance (QD) arc associated with the storage area extends beyond the installation's boundary. Quantity distance arcs and other explosives safety issues are the responsibility of the
Department of Defense Explosives Safety Board, whose governing principle is to limit the risk of exposure to “the minimum number of people for the minimum time to the minimum amount of explosives required to safely and effectively execute the mission.” The safe siting of explosives and munitions storage is governed by
Explosives Safety Technical Paper T-26, Site Planning. If a QD arc does extend beyond the installation boundary, it must not encompass permanent residences, places of work, or other facilities where people are present for long periods of time.
Example from the
Prince George's County MIOZ Requirements Part 10C:
- “In order to protect the public health, safety, and welfare of the communities surrounding Joint Base Andrews and to protect air operations at Joint Base Andrews, the following uses are permitted in Accident Potential Zones 1 and 2 within the Military Installation Overlay Zone, subject to size limitations: (A) Churches or similar places of worship; (B) Eating and drinking establishments; and (C) Office uses.” (Prince George's County, MIOZ Requirements Part 10C)
Example from the San Antonio Military Airport Overlay Zones:
- “The storage or manufacture of flammable solid materials or products is permitted only if the flammable material or products are stored or manufactured within completely enclosed buildings having noncombustible exterior walls and protected throughout by an automatic fire extinguishing system.” (San Antonio, Sec. 35-334. - "MAOZ" Military Airport Overlay Zones)
Example from the Virginia Beach Special Regulations in AICUZ:
Light and Glare
Community lighting and glare can affect military operations, as military personnel are often required to train in darkness, typically while wearing night vision goggles that augment natural light. Artificial lights around an installation may make it difficult or impossible to fulfill this training on the base. Lights can also create a flight hazard if reflected into a pilot's eyes, and glint and glare can impair the work of personnel in air traffic control towers. Other safety issues can be caused by lighting colors and configurations that may approximate runway or landing zone markings, causing pilot confusion.
Example from the
St. Mary's County Air Installations Compatible Use Zone (AICUZ) and Airport Environs (AE) Overlay:
Example from the Plaquemines Parish Military Influence Planning District Overlay:
- “Lighting, including internally illuminated signs within the MIPD shall be screened or use cut-offs so that light sources greater than 2,000 lumens shall not be visible from a height of greater than thirty (30) feet above grade. All external lighting of buildings or signs shall be projected at a downward angle of no less than ten (10) degrees below horizontal. Buildings within the MIPD shall not use glass or other highly reflective materials on any surface that is angled above horizontal. Structures three stories or taller shall use non-reflective wall surfaces and windows.” (Plaquemines Parish, Military Influence Planning District Overlay)
Example from the
San Antonio Military Lighting Overlay Districts:
- “Outdoor Dining. This allowance is lumens per unit area for the total illuminated hardscape of outdoor dining. In order to use this allowance, luminaires must be within 2 mounting heights of the hardscape area of outdoor dining. - MLR-1/LZ-2: 5 lumens per square foot area - MLR-2/LZ-3: 10 lumens per square foot area” (San Antonio, Military Lighting Overlay Districts)
Installation Referrals
In addition to the limitations described above, military compatibility ordinances also typically provide the military with the opportunity to review development proposals within a defined area around an installation. This allows installation personnel to evaluate proposals to see whether they present unusual circumstances that are not accounted for in an ordinance. It also allows installation personnel and local jurisdictions to identify safety concerns early in the development review process. This can instill confidence in the local planning process, as facility personnel, local planners, and the public know that approved projects will not inadvertently affect the installation. An ordinance may also require the local jurisdiction to seek comments from the installation when modifying zoning or the ordinance itself.
Example from the
Prince George's County Military Installation Overlay Zoning Map Amendment:
- “(a) Building permits, use and occupancy permits, and development applications subject to this Part located partially or completely in the M-I-O Zone for uses which may produce noise, smoke, dust, excessive light, electromagnetic interference and vibrations which potentially impact base operations, shall be referred to Joint Base Andrews for their review and written comment.” (Prince George's County, 2016 MIOZMA)
Example from the
Plaquemines Parish Military Influence Planning District Overlay:
- “The Parish building permit officer shall notify the Community Planning Liaison at NAS/JRB New Orleans of any permits which intend to construct, modify, or expand any telecommunication transmission facility or any facility or structure that will emit smoke or steam as defined in Section 2g. Further, construction of industrial wind power turbines intended for commercial use shall be prohibited within the MIPD” (Plaquemines Parish, Military Influence Planning District Overlay)
Example from the
San Antonio Military Airport Overlay Zones:
- “(i) Supplemental Information. Whenever any application for a change in zoning in a military airport overlay zone is filed, the director of planning and development services shall make formal request to the United States Air Force at least 30 days prior to the zoning commission hearing for any relevant statistics, operational activities information, technical data, or other studies with bearing on the request.” (San Antonio, Sec. 35-334. - "MAOZ" Military Airport Overlay Zones)
Modification of Uses, Noise, Height, etc.
A military compatibility ordinance may intersect with existing regulations, requiring a change to an existing zoning overlay or differentiation of uses that other regulations might group together. This is particularly the case with ordinances that create a new overlay zone that may affect existing zones. This section elaborates on changes required by the new ordinance to minimize potential conflict with existing regulations.
Example from the
Prince George's County Military Installation Overlay Zoning Map Amendment:
- “Amendment 1f.2: Amend the Tables of Uses for the Marlboro Pike Development District Overlay Zone to separate ‘church or similar place of worship', which is permitted with limitations in the Safety Zones of the M-I-O Zone, from ‘convent, or monastery' which is prohibited in the Safety Zones of the M-I-O Zone.” (Prince George's County, 2016 MIOZMA)
1 DENIX.
Enhanced Planning and Communication. Sustainable Ranges Initiative.
2 DENIX.
Enhanced Disclosure. Sustainable Ranges Initiative.
3 Municode Library
. Code of Ordinances. Homestead, FL.
4 Section 14-117(k)(2) of the Real Property Article requires that, in most Maryland counties, contracts for the sale of residential real property contain the following statement: “Buyer is advised that the property may be located near a military installation that conducts flight operations, munitions testing, or military operations that may result in high noise levels.”
