18A.10.135.10 Compatible use standards.
A. Aircraft Safety Zones.
1. Certain properties within the City of Lakewood are located within the JBLM Accident Potential Zones and Clear Zones as indicated in Figure 3A. Accident Potential Zones and Clear Zones associated with Gray Army Airfield do not encompass any lands outside of JBLM boundaries.
2. According to the AICUZ Study and current Air Force guidance, certain land uses in these areas are not compatible with air operations at JBLM, given the increased potential of aircraft accidents in these areas.
3. Unless expressly exempt, any land uses located within the JBLM Accident Potential Zones and Clear Zones shall be consistent with Appendix A: Land Use Compatibility Recommendations for APZs.
4. Compliance with this section does not exempt an applicant from complying with other requirements of this title.
B. Imaginary Surfaces.
1. Certain properties within the City of Lakewood are located within the JBLM imaginary surfaces as indicated in Figure 4A.
2. Applications for proposed development within the imaginary surfaces shall be transmitted to the JBLM Coordinating Official with a request for a determination of whether the proposed development constitutes a prohibited use according to subsection (B)(3) of this section. If the JBLM Coordinating Official does not provide a determination or request additional review time within ten (10) business days of receipt of the application, the proposed development is considered to comply with the imaginary surfaces criteria in subsection (B)(3) of this section.
3. The following uses and structures are prohibited within the imaginary surfaces, upon a timely determination by the JBLM Coordinating Official that one or more of the following conditions is met:
a. The proposed development protrudes above the planes or surfaces as contained in Title 14, Part 77 CFR (Code of Federal Regulations);
b. The proposed development includes one or more of the following uses or the use interferes with pilot vision, communication, radar, or otherwise interferes with the safe and effective operation of JBLM aircraft:
i. Sanitary landfills,
ii. Feeding stations,
iii. Sand and gravel dredging operations,
iv. Storm water retention ponds,
v. Renewable energy facilities,
vi. Created wetlands, or
vii. The growing of vegetation determined to be a wildlife attractant;
c. Structures are proposed within ten (10) feet of approach/departure or transitional surfaces;
d. Proposed development produces steam, dust, smoke, light emissions, glare, or other visual impairments, has explosive characteristics, or otherwise interferes with pilot vision or the operation of JBLM aircraft; and
e. Proposed development produces electrical emissions that interfere with navigation equipment or radio communication between aircraft, JBLM, or other air traffic control facility.
4. After due consideration of a determination provided by the JBLM Coordinating Official, the City will deny any proposed development JBLM determines does not comply with the criteria in subsection (B)(3) of this section, except in the event the City determines that to deny the application would create a legal liability for the City.
5. Further, no condition shall be maintained that attracts wildlife into a Department of Defense Airport Imaginary Surface, pursuant to 14 CFR 77.21, and that the JBLM Coordinating Official determines may create a hazard to military operations.
C. Aircraft Noise Zones.
1. Certain properties within the City of Lakewood are located within the JBLM Aircraft Noise Zones as indicated in Figure 5A. The Gray Army Airfield Aircraft Noise Zones are located entirely within the boundaries of the installation.
2. These Noise Zones indicate areas that may be affected by noise associated with current operations and training, as set forth in the AICUZ Study.
3. According to the AICUZ Study and current Air Force guidance, certain noise-sensitive land uses in these areas are not compatible with air operations at JBLM.
4. Any proposed development within the JBLM Aircraft Noise Zones, therefore, shall be consistent with Appendix B: Recommended Land Use Compatibility for Noise Zones. [Ord. 726 § 2 (Exh. B), 2019.]