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around an airport controls land uses wi thin the noise contours to thoSe land uses which are oompatible to that particular noise contour. It is based a1 noise ;mpacts and would be awlied in the same manner that height restriction zoning is awlied. In addition to controlling inOOJllpatible land uses, the ordinance could also describe special requirements which would allow normally incompatible uses to be deve]~, such as samd proofing, or other special requirements such as noise easements. In practice, the overlay zone actually establishes two different zcmes, one for the area between the ldn 70 and 65 noise oantours, and one for the area within the Ldn 65 contour. The overlay zone only applies to those areas ~ within the physical boundaries of the aixport. In additiaJ., the ordinance may require sound attenuation for certain uses within those zones. 'Dle type and amount of sound attenuation can vary with the type of development and which of the two zones the deYelopnent is within. '!be ordinance may also require a navigation easement for developments within either of the zones. !J.bi.s easement :fuDcti.a1s s;miJarly to a drainage easement and it provides the right to fly over such development and the rights to cause potential noise. It can be required with all subdivisioos or the issuance of building permits within the noise zones. Altha1qh enacted several years ago, the ordinance has not been court tested. There is some question as to the legality of the ordinance from two standpoints 1 the state enabling legislation does not specifically grant municipalities the ability to zone based on naviqation easements of subdivisicms. In spite of the possible legal problems, this could be a viable alternative, although the actual implementation may be difficult. Texas state enabling legislation does not specifically grant cities the power to zone based on noise contours (Title 28, Vernon's Ann. Civ. St. Art. lOlla et. seq.). In summary, zoning is the most widely used land control mechanism and offers an acceptable tool for implementing a land use compatibility plan. 'lhis can be a time CX1I1SU1Ding effort, in that the designation of zoning classifications and their implementation must be closely mcm.tored to ensure continuing oompatibility. It should be noted, however, that at San Marcos Municipal Airport, the noise contours which form the basis for overlay zoning are not significantly large and limit the extent to which land uses around the airport can be controlled. 6.3