Brown Field Municipal Airport Land Use Compatibility Plan

CHAPTER 2AIRPORT LAND USE COMMISSION POLICIES(a) Except as specifically provided below, all policies provided in this Compatibility Planshall apply to nonconforming uses.(b) Nonconforming residential uses:(1) A nonconforming single-family residence may be reconstructed (see Policy 2.11.3) orexpanded in building size if the reconstruction or expansion does not increase thenumber of dwelling units. For example, a bedroom could be added to an existingresidence, but an additional dwelling unit could not be built unless that unit is asecondary dwelling unit as defined by state law (Gov't Code §§ 65852.150, 65852). Anew single-family residence may be constructed.(2) A nonconforming multi-family use may be reconstructed in accordance with Policy2.11.3(b), but not expanded in number of dwelling units, floor area of the building, orheight of the previously existing building.(3) No ALUC review of these improvements is required; however, the sound attenuation,avigation easement dedication, overflight notification, and height requirements set byPolicies 3.3.5, 3.5.3, and 3.6.3 in Chapter 3 and Policy 2.11.5 in this chapter shall apply.(c) Nonconforming nonresidential uses:(1) A nonconforming nonresidential use may be continued, leased, or sold, and the facilitiesmay be maintained, altered, or reconstructed subject to the conditions below.(2) Any maintenance, alteration, or reconstruction must not result in expansion of either theportion of the site or the floor area of the building devoted to the nonconforming use in amanner that would increase the maximum intensity limits (number of people per acre) orthe floor area ratios to levels above those existing at the time of adoption of thisCompatibility Plan.(3) No ALUC review of these changes is required when they meet the conditions for soundattenuation, avigation easement dedication, overflight notification, and heightrequirements set by Policies 3.3.5, 3.5.3, and 3.6.3 in Chapter 3 and Policy 2.11.5 in thischapter.(4) Exceptions to the expansion limitation apply with respect to schools, hospitals, andcertain other uses. The criteria applicable to these uses are listed in Policy 3.4.6 ofChapter 3.(d) ALUC review is required for any proposed expansion of a nonconforming use that wouldincrease the number of dwelling units, increase the number of people on the site fornonresidential uses, or increase the height of the structure such that it would be deemed ahazard by the FAA.2–26Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010 Amended December 20, 2010