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A. Purpose.

1. There are certain areas within the City that are subject to high aviation noise levels and possible crash hazards generated by aviation activities that endanger the lives and property of occupants of land in the vicinity of four airports:

a. Buckley Air Force Base—Military airport

b. Centennial Airport—General aviation airport

c. Front Range Airport—General aviation airport

d. Denver International Airport—Commercial airport

2. Airport districts are created in and around these airports for the following purposes:

a. To minimize exposure of residential and other noise-sensitive land uses to aircraft noise;

b. To minimize risks to public safety from potential aircraft accidents;

c. To protect property values;

d. To promote sound land use planning and zoning practices in areas encompassed by airport influence districts;

e. To restrict incompatible land use within the airport influence districts; and

f. To promote and protect the public health, safety, and welfare.

B. Provisions Applicable to All Airports.

1. Federal Aviation Administration Surfaces. All development in the –AIO overlay district shall comply with any and all height restrictions in the underlying zone, together with the Federal Aviation Administration’s 14 CFR Part 77 navigable airspace standards and procedures for determining and avoiding obstructions and eliminating hazards to air navigation.

2. Avigation Easement. If the property is located within the Airport Influence District surrounding any airport, an avigation easement with the City and the associated airport, as joint grantee shall be conveyed to the City and the associated airport by any person subdividing lands or initiating construction of any structure on already subdivided lands within the Airport Influence District. Such avigation easement shall be an easement for right-of-way for unobstructed passage of aircraft above the property and shall waive any right or cause of action against the City or the associated airport arising from noise, vibrations, fumes, dust, fuel particles, and other effects caused by aircraft and airport operations. The avigation easement shall be in a form approved by the City and shall be recorded in the office of Clerk and Recorder for the county where the property is located before permit or plat approval is granted.

3. Notices.

a. Notice to Be Signed at Time of Property Sale. Each vendor of real property within the Airport Influence District shall provide the following notice to prospective purchasers in 14-point bold type on a single sheet of paper that is signed by the prospective purchaser prior to entering into a contract for purchase:

NOTICE OF AIRPORT IN VICINITY

This property is located in the vicinity of an airport, within what is known as an airport influence district. 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.

b. Notice to Be Recorded in Property Records. Each vendor of real property within the Airport Influence District shall cause the following notice to be recorded with the Clerk and Recorder of the county where the property is located.

NOTICE

The property known as [legal description and address] is located within an area that has been officially designated as an Airport Influence District by the City of Aurora. As a result of this designation the property is subject to one or more of the following:

a. An avigation easement has been granted to the City of Aurora and [the associated airport] recorded in book [book number] at page [page number], in the real property records of [county] County, Colorado, which allows for the unobstructed passage of aircraft above the property, and provides for the waiver of any right or cause of action against the City of Aurora or [the associated airport] due to noise, vibrations, fumes, dust, or fuel particles caused by aircraft or airport operations.

b. The use and enjoyment of the property may be affected by aircraft noise, vibrations, fumes, smoke, dust, or fuel particles from aircraft operation.

c. The City of Aurora has required that noise mitigation construction techniques be employed in construction to mitigate the noise to which the property is exposed. The vendor certifies that the applicable noise mitigation measures have been installed as required.

d. The noise to which the property may be subject from aircraft operation may exceed 65 LDN, which is the maximum acceptable level set by the Federal Department of Housing and Urban Development for residential land use. (Applicable only if the property is located within the 65 LDN contour of the Buckley AFB Airport Influence District).

e. The involved property is located within an area that has been designated as an accident potential zone II. Such property may be characterized by high noise levels and accident potential resulting from aircraft operations. (Applicable only if the property is located within APZ II of the Buckley AFB Airport Influence District).

f. The involved property is located within an area that has been designated as an accident potential zone I. Such property may be characterized by high noise levels and significant accident potential resulting from aircraft operations (Applicable only if the property is located within APZ I of the Buckley AFB Airport Influence District).

g. The City of Aurora has required that noise mitigation construction techniques be employed in construction to mitigate the noise to which the property is exposed. The vendor certifies that the applicable noise mitigation measures have been installed as required.

c. This requirement to provide notice to prospective purchasers and record such notice shall only apply to the transaction between the developer or builder and the initial purchaser and does not apply upon any subsequent sale of the property.

C. Airport Influence Subareas.

1. 65 LDN Subarea

a. Description. The 65 LDN Subarea is composed of areas located within the Day/Night Average Noise Level (LDN) 65 decibel noise contour, as shown on the AI-O map, which are subjected to noise levels of duration and frequency creating hazard to both physical and mental health.

b. Prohibited Uses. Residential uses are prohibited in the 65 LDN Subarea.

c. Development Standards. The following development standards shall apply to uses permitted in 65 LDN Subarea:

i. A habitable building addition to existing residential structures within the 65 LDN Subarea may be permitted. However, any such addition greater than 1,000 square feet shall provide and include noise level reduction measures in the design and construction of all such building additions to achieve an interior noise level reduction of 30 decibel in A-weighted levels, as determined or calculated in accordance with Chapter 22 of this Aurora City Code.

ii. Within the 65 LDN Subarea, any permitted office, commercial or other non-residential structures that accommodate the public as residents, users, or visitors shall provide and include noise level reduction measures in the design and construction of all such areas to achieve an interior noise level reduction of 25 decibel in A-weighted levels, as determined or calculated in accordance with Chapter 22 of the Aurora City Code.

2. 60 LDN Subarea

a. Description. The 60 LDN Subarea is composed of lands that are located between the 60 LDN and 65 LDN noise contours generated by aircraft operations into and out of the involved airport.

b. Uses Prohibited. No new residential uses or new residential structures shall be permitted within the 60 LDN Subarea.

3. 55 LDN Subarea

a. Description. The 55 LDN Subarea is composed of lands located between the 55 LDN and 60 LDN noise contours, inclusive, generated by aircraft operations into and out of the involved airport.

b. Noise Level Reduction Measures. New residential uses or new residential structures permitted by the underlying zone and within the 55 LDN Subarea shall provide and include noise level reduction measures in the design and construction of all habitable structures to achieve an interior noise level reduction of 25 decibels in A-weighted levels as determined or calculated in accordance with Chapter 22 of the Aurora City Code. (Ord. No. 2022-17 § 3, 04-25-2022; Ord. No. 2021-04 § 1, 01-25-2021; Ord. No. 2019-49 § 1, 08-19-2019)