§ 134-275.1. Military airport hazard district.

(1)

Intent and purpose. The military airport hazard district is established to contribute to the safe operation of Dobbins Air Reserve Base (ARB), to facilitate orderly development around the airfield, to protect property values, and to control and minimize noise and potential accident impacts on the surrounding areas of Cobb County and the City of Marietta. The military airport hazard district promotes development patterns which are appropriate for the airfield vicinity and protect the public's safety and welfare by limiting land uses near the airport which require or generate large concentrations of individuals. The boundaries, contained herein are taken directly from the 2011 Air Installation Compatible Use Zone Study at Dobbins Air Reserve Base conducted by the United States Air Force.

(2)

Applicability. Properties subject to the military airport hazard district provisions and the specific land use controls encumbering those properties shall be referenced as an overlay on the official zoning map of Cobb County and contained in the Cobb County Comprehensive Plan and known as airport impact zones. The military airport hazard district regulates and recommends uses for the affected properties within the accident potential and noise zones depicted on the maps and shall be considered complementary of any other zoning district standards. Properties located within the military airport hazard district and seek to develop after the adoption of this section are subject to the rules and regulations set by this section.

(3)

Definitions.

Definitions and acronyms. The following words, words and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Above ground level ("AGL") means a reference of elevation above ground level.

Accident Potential Zone I. This is an airport impact zone area extending outward from the clear zone an additional 5,000 feet by 3,000 feet (the runway centerline is the midpoint for the width) presenting a risk of aircraft accident less than the clear zone but greater than APZ II; thereby, extra protection is required. Accident Potential Zone I includes all land encompassed within the area designated APZ I on the official zoning map of Cobb County.

Accident Potential Zone II. This is an airport impact zone area extending outward from Accident Potential Zone I an additional 7,000 feet by 3,000 feet (the runway centerline is the midpoint for the width) presenting a risk of accident less than both the clear zone and Accident Potential Zone I, but a measurable risk nonetheless; thereby, extra protection is required. Accident Potential Zone II includes all lands encompassed within the area designated APZ II on the official zoning map of Cobb County.

Airport manager means the administrative representative of each airport.

Airport operations means take off, climb out, approach, landing, and traffic pattern operations that may vary for each aircraft.

Airspace surfaces means the same areas as stated in the Federal Aviation Regulations ("FAR") Part 77 Airspace Surfaces as amended from time-to-time.

Clear zone. This is an airport impact zone area starting at the end of the runway and extending outward 3,000 feet by 3,000 feet (the runway centerline is the midpoint for the width), presenting the greatest accident risk of all the designated accident potential zones; thereby, extra protection is required The clear zone includes all lands encompassed within the area designated CZ on the official zoning map of Cobb County.

DBA. The "A" weighting in noise measurements (an official method of measuring sound per industry accepted standards) that assists in determining acceptable noise levels.

Federal Aviation Administration ("FAA") means the federal agency titled "Federal Aviation Administration" which is charged with oversight and regulation of civil aviation to promote safety, including that of most publicly owned airports.

Federal Aviation Regulations ("FAR") Part 77 Airspace Surfaces means regulated airspace surfaces promulgated in 14 Code of Federal Regulations (CFR) Part 77, Objects Affecting Navigable Airspace.

Hazard to air navigation means an object which, as a result of an aeronautical study, the FAA determines will have a substantial adverse effect upon the safe and efficient use of navigable airspace by aircraft, operation of air navigation facilities, or existing or potential airport capacity.

Mean sea level ("MSL") means the elevation reference for objects above sea level.

Noise Contour 1. This is a depiction of an area that has a day night average sound level of between 65 and 69 DBAs.

Noise Contour II. This is a depiction of an area that has a day night average sound level of between 70 and 74 DBAs.

Noise Contour III. This is a depiction of an area that has a day night average sound level of between 75 and 79 DBAs.

Nonconforming use means any structure, natural growth or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.

Obstruction to air navigation means an object of greater height than any of the heights or surfaces presented in Federal Aviation Regulations Part 77 Airspace Surfaces. (Obstructions to air navigation are presumed to be hazards to air navigation until an FAA aeronautical study has determined otherwise.)

Runway means an airport's paved or cleared strip on which planes land and take off.

Runway elevation means an elevation as measured by mean sea level. Height limitations established herein will be measured against the closest runway and its mean sea level. Runway elevations are documented in the airport's master plan.

TERPS means terminal instrument procedures, which is the standard instrument approach procedures and takeoff minimums and obstacle departure procedures based on the criteria contained in FAA Order 8260.3 U.S. Standard for Terminal Instrument Procedures.

(4)

Permitted uses.

1.

Three primary determinants are used in promoting compatibility between the airfield and nearby areas: accident potential to land users, aircraft noise, and hazards to operations from land uses (height, obstructions, etc.). The military airport hazard district establishes use restrictions, recommended noise reduction measures, and height limitations as necessary to produce compatible land uses in each of these three areas: Clear zones, Accident Potential Zone I, Accident Potential Zone II. No development in an accident potential zone shall be approved unless in accordance with the requirements of this section, including the land use compatibility standards chart.

2.

Land use zoning recommendations. Land use zoning recommendations prescribes land uses and zoning designations that are deemed compatible within the airport operations areas, as shown on the airport impact zones land use maps. The land use compatibility standards table presents recommended conforming land uses within each airport impact zone and noise contour. If there is a conflict between an airport impact zone and a noise contour area recommendation, the more restrictive regulation shall control. the board of commissioners may use the future land use map designations and this Code to determine appropriate density and intensity of land uses in order to protect individual property owners and Dobbins Air Reserve Base.

Land Use Compatibility Standards
	Clear Zone	APZ I	APZ II	Noise Contour 1	Noise Contour 2	Noise Contour 3
Residential	N	N	Y	Y	Y	N
Commercial	N	N	Y	Y	Y	Y
Industrial	N	Y	Y	Y	Y	Y
Schools/institutions	N	N	N	Y	N	N
Day care center	N	N	N	Y	N	N
Place of worship	N	N	N	Y	Y	N
Parks/open space	N	Y	Y	Y	Y	N
Passive park	N	Y	Y	Y	Y	N
Nursing home	N	N	N	Y	Y	N
Hospital	N	N	N	Y	Y	N
Solid waste landfill	N	N	N	Y	Y	Y

 

Legend:

Y - a use is compatible

N - a use is not compatible

Y - a use is compatible if noise reduction measures are required in construction

Y - density and intensity of land uses should reviewed for compatibility with operations at Dobbins Air Reserve Base on a case by case basis.

3.

Land uses not specifically listed in the land use compatibility standards table shall be governed by the standards applicable to the land use most similar to the proposed use.

4.

Generally, notwithstanding, any other provisions of this chapter, no use may be made of land within the zones listed in this section in such a manner as to create electrical interference with radio communication between the airport and any aircraft, make it difficult for flyers to distinguish between airfield lights and other lights, result in glare in the eyes of flyers using the airfield, impair visibility in the vicinity of the airfield attract birds, or otherwise endanger the landing, takeoff, or maneuvering of any aircraft.

5.

The community development agency shall notify any person submitting a building permit application, application for rezoning or variance, or an application for land use permit or special land use permit if the property in question is within the clear zone, or APZ I or APZ II.

6.

The community development agency shall notify Dobbins Air Reserve Base if an application for a rezoning, variance, land use permit or special land use permit is submitted for consideration. This provides the commander of Dobbins ARB, or his/her designee with an opportunity to provide an official response.

7.

The Cobb County Department of Transportation shall notify the FAA when a rezoning, variance, land use permit or special land use permit is submitted for consideration. This provides the FAA with an opportunity to provide an official response.

(5)

Height zoning. Height limitation zoning applies to structures and natural growth objects within the airspace as defined by the Federal Aviation Regulations Part 77 Airspace Surfaces and TERPS.

1.

Construction or alteration requiring notice to the FAA. Except for construction less than 25 feet AGL or as provided in FAR Part 77.15, any construction or alteration that meets or exceeds the height criteria established in FAR Part 77.13 as amended from time to time, shall complete the FAA notification process as provided in FAR Part 77.17 as amended from time to time, using the FAA Notice of Proposed Construction or Alteration form 7460-1 as amended from time to time.

2.

Height limitation. The military airport hazard district ordinance does not preclude approval of obstructions to air navigation with heights in excess of those height limitations prescribed in FAR Part 77 and/or TERPS, if either of the following is met:

a.

A determination of "No Hazard to Air Navigation" is issued from a FAA airspace study resulting from the notice requirement of FAR part 77.17 and the airport manager supports the determination; or

b.

A variance application may be considered by the board of zoning appeals, when such action is considered advisable to effectuate the purposes of this section and reasonable in the circumstances when considering the results of the determination of an FAA airspace study and the input from the airport manager.

(6)

Permits. Any building permit or business license application submitted for properties within the military airport hazard district shall be reviewed by the community development agency to determine whether it meets the standards set forth in this Code. Those applications which do not meet these criteria shall be required to seek approval from the board of commissioners via other business.

1.

No permit shall be granted by the community development agency that would allow the establishment of a flight hazard or use not authorized by this section or permit a nonconforming use, structure, or natural growth to become higher, or become a greater hazard to air navigation or become less compatible in use than it was on the effective date of this section.

2.

Before any existing use or structure within any portion of the military airport hazard district may be altered in such a manner as to increase its base height, a letter from Dobbins Air Reserve Base is required. The letter should state that the air base does not object to the alteration of the height limit.

(7)

Existing nonconforming uses or heights. This section shall not be construed to require the removal, lowering, change or alteration of any previously approved nonconforming use or structure, or otherwise interfere with the continuance of any previously approved nonconforming use or structure, except as otherwise provided by this section, including those previously approved nonconforming uses or structures under construction.

1.

Nothing in this section shall contradict the limitations placed on nonconforming uses of a building, structure or land as described in section 134-31 of the county ordinances, nonconforming uses.

2.

Notwithstanding the preceding subsection, this section shall provide the right to require the owner of any existing nonconforming structure to mark and/or light any structure as deemed necessary by Cobb County.

3.

Notwithstanding the preceding subsection, no existing nonconforming natural growth may become higher, or become a greater hazard to air navigation than it was on the effective date of this section.

(8)

Conflicting regulations. In case of conflict between the regulations of this chapter and other regulations, unless otherwise stated, the more stringent regulations shall control.

(Ord. of 2-26-13)