The West Valley is booming, particularly for industrial spaces near Luke Air Force Base. However, many real estate agents, engineers, architects, planners, and even attorneys face challenges in understanding the building restrictions surrounding the base. Properties near Luke Air Force Base are governed by specific land use regulations, especially Accident Potential Zones (APZ) and Day-Night Average Sound Level (commonly referred to as LDN or DNL) contours. These regulations are essential for protecting public health, safety, and welfare while preserving the base’s mission.
APZ
APZ’s are areas off the ends of runways where the risk of aircraft accidents is statistically higher. Depending on how far the property is from the end of the runwayhe type of developments that can be built is limited by the APZ classification. These distances are categorized into three overlays: the Clear Zone, APZ 1, and lastly APZ 2. See 1978 Military Airport Zoning Ordinance for the Unincorporated Area of Maricopa County for more defined definitions. Besides the Clear Zone, APZ 1 is the most restrictive. It generally prohibits any buildings and only allows agricultural or possibly outdoor storage uses. APZ 2 is less restrictive and allows for more industrial uses under many restrictions.
LDN/DNL
LDN’s are used to account for noise generated by aircraft. LDN’s are the average noise exposure over a 24-hour period, adjusted to reflect increased sensitivity to nighttime noise (with a ten (10) decibel penalty from 10pm-7am). See 1978 Military Airport Zoning Ordinance for the Unincorporated Area of Maricopa County. To classify the three most common LDN decibel ranges, from most to least restrictive are LDN 75+ dB, LDN 70-75 dB, and LDN 65-70 dB. The louder the area becomes, the less likely development, especially residential, will occur. In fact, until 2019, it was required that Realtors in Surprise had to carry a copy of the Luke Air Force noise contour map in order to see if properties are subject to any noise contours. See City of Surprise Ord. No. 2019-33, § 2, 12-3-19. Additionally, there is an Auxiliary Air Field located near Wittmann. Both APZ’s and LDN’s exist in that Air Field as well.
Overlay Zoning and Compatible Land Use Plans
In addition to APZ’s and LDN’s, most properties around the Luke Air Force Base are also subject to overlay zoning and additional municipality-based zoning ordinances. Properties most likely will require additional review processes like Military Compatibility Permits for projects near the Luke Air Force Base before development can start.
Opportunities
Land use planning around Luke Air Force Base is governed by intensive, but important regulation. Nevertheless, these regulations force innovation. While these regulations can often limit any type of development, many areas under the APZ and LDN contours allow for limited development, often encouraging the county and municipalities to have industrial zoning on these restricted properties. While these restrictions are complex, they are the reason why the area surrounding the Luke Air Force Base is highly industrial and have led to much of the job creation and growth out in the West Valley. Michael Faith is the Managing Partner at Faith Law. Michael is a Real Estate Specialist certified by Arizona State Bar Board of Legal Specialization. Michael’s areas of practice are: Real Estate, Construction Law, Real Estate Transactions (Commercial, Vacant and Residential), Title Defects, Quiet Title Actions, Foreclosures and Trustee’s Sales, Tax Lien Foreclosures, Homeowner Associations, Land Development, Leases, Forcible Detainer, Zoning, Planning and Land Use, Real Estate Short Sales, Registrar of Contractors matters, Business Formation, Business Law, Commercial Transactions, Contracts, Collections, Corporations, Limited Liability Companies (LLC), Bankruptcy, Estate Planning, Wills and Trusts, Probate, Motor Vehicle Accidents, and Personal Injury. Brent Powers is an Associate at Faith Law. Brent’s areas of practice are: Land Acquisition, Platting and Subdivision, Rezoning, Site Plan Approvals and Entitlements, Water and Electric Rights, Variances and Conditional Use Permits, Liquor Licensing, Ordinance Drafting and Ordinance Challenges, Organization of the Homeowner’s Association Documents (Bylaws & CC&Rs), and Land Sales.
Michael Faith is the Managing Partner at Faith Law. Michael is a Real Estate Specialist certified by Arizona State Bar Board of Legal Specialization. Michael’s areas of practice are: Real Estate, Construction Law, Real Estate Transactions (Commercial, Vacant and Residential), Title Defects, Quiet Title Actions, Foreclosures and Trustee’s Sales, Tax Lien Foreclosures, Homeowner Associations, Land Development, Leases, Forcible Detainer, Zoning, Planning and Land Use, Real Estate Short Sales, Registrar of Contractors matters, Business Formation, Business Law, Commercial Transactions, Contracts, Collections, Corporations, Limited Liability Companies (LLC), Bankruptcy, Estate Planning, Wills and Trusts, Probate, Motor Vehicle Accidents, and Personal Injury.
Brent Powers is an Associate at Faith Law. Brent’s areas of practice are: Land Acquisition, Platting and Subdivision, Rezoning, Site Plan Approvals and Entitlements, Water and Electric Rights, Variances and Conditional Use Permits, Liquor Licensing, Ordinance Drafting and Ordinance Challenges, Organization of the Homeowner’s Association Documents (Bylaws & CC&Rs), and Land Sales.
