Chapter 17.90
CHEHALIS-CENTRALIA AIRPORT OBSTRUCTION ZONING
Sections:
17.90.010 Short title.
17.90.020 Definitions.
17.90.030 Airport zones.
17.90.040 Airport zone height limitations.
17.90.050 Use restrictions.
17.90.060 Nonconforming uses.
17.90.070 Permits - Future uses.
17.90.080 Permits - Existing uses.
17.90.090 Permits - Nonconforming uses abandoned or destroyed.
17.90.100 Variances.
17.90.110 Obstruction marking and lighting.
17.90.120 Special use permit.
17.90.130 Fees.
17.90.140 Appeals - Procedure.
17.90.150 Appeal from the examiner.
17.90.160 Hearing notice.
17.90.170 Recessed hearings.
17.90.180 Enforcement.
17.90.190 Violation - Penalty.
17.90.200 Conflicting regulations.
17.90.010 Short title.
This chapter shall be known and may be cited as the “Chehalis-Centralia Airport Obstruction Zoning Ordinance.” [Ord. 1170B, 2000]
17.90.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the following words and phrases shall be given the meaning attributed to them by this section. The term “shall” is always mandatory and the word “may” indicates a use of discretion.
(1) “Airport” means the Chehalis-
Centralia Airport.
(2) “Airport elevation” means the highest point of an airport’s usable landing area measured in feet from sea level. This is 174 feet above mean sea level for the Chehalis-Centralia Airport.
(3) “Approach surface” means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in LCC 17.90.040. The perimeter of the approach surface coincides with the perimeter of the approach zone.
(4) Approach, Transitional, Horizontal, and Conical Zones. These zones are set forth in LCC 17.90.030.
(5) “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 34:1 for a horizontal distance of 4,000 feet.
(6) “Hazard to air navigation” means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
(7) Height. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the approach and clear zone map, the datum shall be mean sea level elevation unless otherwise specified.
(8) “Horizontal surface” means a horizontal plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal zone. This is 324 feet above mean sea level for the Chehalis-Centralia Airport.
(9) “Larger than utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
(10) “Nonconforming use” means any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
(11) “Nonprecision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
(12) “Obstruction” means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in LCC 17.90.040.
(13) “Person” means an individual, firm, copartnership, association, corporation, or other legal entity, including any federal, state, or local municipal corporation, agency, or special purpose district.
(14) “Primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in LCC 17.90.030. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
(15) “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
(16) “Structure” means an object, including a mobile object, constructed or installed by persons, including but without limitation buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
(18) Transitional Surfaces. These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal surface.
(19) “Tree” means any object of natural growth.
(20) “Utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
(21) “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures. [Ord. 1170B, 2000]
17.90.030 Airport zones.
(1) General. In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Chehalis-Centralia Airport. Such zones are shown on the Chehalis-Centralia Airport Imaginary Surfaces Drawings, prepared in conjunction with the Airport Master Plan (2000), Map 85 at 17.200.020, which will be made a part of this chapter. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows.
(2) Establishment and Definition of Airport Zones.
(a) Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(b) Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
(c) Horizontal Zone. The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(d) Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward and upward at 34:1 therefrom for a horizontal distance of 4,000 feet. [Ord. 1170B, 2000]
17.90.040 Airport zone height limitations.
(1) General. Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows.
(2) Establishment of Height Limitations.
(a) Larger Than Utility With a Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach Zone. Slopes 34 feet outward for each foot upward (34:1) beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
(b) Transitional Zones. Slope seven feet outward for each foot upward (7:1) beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. The airport elevation is 174 feet above mean sea level.
(c) Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 324 feet above mean sea level.
(d) Conical Zone. Slopes 34 feet outward for each foot upward (34:1) for 4,000 feet beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. [Ord. 1170B, 2000]
17.90.050 Use restrictions.
(1) Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
(2) Uses within the mapped areas (see Map 84 at LCC 17.200.020(84)) shall be consistent with RCW 36.70A.547 to discourage the siting of incompatible uses adjacent to public aviation airports.
(a) The mapped area is the minimum area necessary to protect general airport activities.
(b) Incompatible uses shall include residential uses, places of public assembly, and medical facilities involving the care of people or animals. [Ord. 1170B, 2000]
17.90.060 Nonconforming uses.
(1) Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance codified in this chapter, and is diligently prosecuted. However, before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the Administrator under the procedures specified in LCC 17.90.070 through 17.90.130. No permit shall be granted that would permit a nonconforming tree to become higher or a nonconforming structure to be made or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when application for a permit is made.
(2) Marking and Lighting. Notwithstanding the preceding provision of the section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport owner to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport owner. [Ord. 1170B, 2000]
17.90.070 Permits - Future uses.
(1) Except as specifically provided in subsections (2) and (3) of this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with LCC 17.90.100.
(2) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(3) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limits prescribed for such approach zones.
(4) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any height limits established by this chapter. [Ord. 1170B, 2000]
17.90.080 Permits - Existing uses.
No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. [Ord. 1170B, 2000]
17.90.090 Permits - Nonconforming uses abandoned or destroyed.
Whenever the Administrator determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. [Ord. 1170B, 2000]
17.90.100 Variances.
(1) The Lewis County hearing examiner shall hear and decide requests for variances from any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter.
(2) Application for a variance request shall be submitted to the Administrator and shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe and efficient use of navigable airspace.
(3) Standards of Review. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship and the relief granted will not create a hazard to air navigation and will not be contrary to the public interest, but will do substantial justice, and will be in accordance within the spirit of this chapter.
(4) Conditions of Approval. Any variance granted may be subject to any reasonable conditions that the hearing examiner may deem necessary to effectuate the purposes of this chapter.
(5) Review of Variance Request by the Chehalis-Centralia Airport Board. No application for variance to the requirements of this chapter may be considered by the hearing examiner unless a copy of the application has been furnished to the Chehalis-Centralia Airport board for advice as to the aeronautical effects of the variance.
If the airport board does not respond within 15 days after receipt, the hearing examiner may act on his/her own to grant or deny said application. [Ord. 1170B, 2000]
17.90.110 Obstruction marking and lighting.
Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstance, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the planning commission, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights. [Ord. 1170B, 2000]
17.90.120 Special use permit.
Any use allowed under any other zoning ordinance which will be located in an approach zone shall be treated as a special use under that ordinance and shall be subject to all provisions and procedures required for special uses under that ordinance. [Ord. 1170B, 2000]
17.90.130 Fees.
The fees for this chapter are set forth in Chapter 17.165 LCC. [Ord. 1170B, 2000]
17.90.140 Appeals - Procedure.
(1) Any person aggrieved, or taxpayer affected, by any decision of the administrator made in his/her administration of airport zoning regulations adopted by this chapter may appeal the decision to the hearing examiner in accordance with Chapter 2.25 LCC to hear and decide such appeals. Similarly, if the board of county commissioners is of the opinion that a decision of the administrator is an improper application of airport zoning regulations of concern to the board of county commissioners, the board of county commissioners may appeal to the hearing examiner to hear and decide such appeals.
(2) All appeals taken must be taken within 10 days after the administrator has rendered his/her decision.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrator certifies to the hearing examiner, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the hearing examiner or notice to the administrator on due cause shown.
(4) The hearing examiner shall fix a reasonable time for the hearing of appeals within 45 days after the filing of the appeal, unless the examiner notices the parties, unless the examiner notices the parties by written finding that an extended hearing date setting is needed. Public notice shall be given by publication of notice in the official newspaper of Lewis County not less than 10 days prior to the hearing. Following hearing the hearing examiner shall render its decisions within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.
(5) The hearing examiner may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrator. [Ord. 1174A §6, 2001; Ord. 1174 §6, 2000; Ord. 1170B, 2000]
17.90.150 Appeal from the examiner.
A final decision from an appeal to the examiner may be appealed to that superior court of Lewis County, Washington, by means of a land use petition under Chapter 36.70C RCW for land use decisions as therein defined. [Ord. 1170B, 2000]
17.90.160 Hearing notice.
Each notice of hearing authorized by this chapter shall be published in the official newspaper at least 10 days prior to the date of hearing.
(1) In addition, a notice of hearing on a variance or an amendment to the approach and clear zone map or text shall be mailed to all taxpayers of record whose lands are located within 500 feet of the lands for which the variance or map amendment has been requested. The mailing shall be to that address employed by the Lewis County treasurer for the mailing of property tax statements.
(2) The failure of a person to receive the notice prescribed in this section is not jurisdictional and shall not impair the validity of the hearing.
(3) The notice provisions of this section shall not restrict the giving of notice by other means, including mail, the posting of property, or the use of radio and television. [Ord. 1170B, 2000]
17.90.170 Recessed hearings.
Any hearing authorized or required by this chapter may be recessed to a later time or date in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to be resumed shall be announced. [Ord. 1170B, 2000]
17.90.180 Enforcement.
It shall be the duty of the administrator to administer and enforce the regulations prescribed in this chapter. [Ord. 1170B, 2000]
17.90.190 Violation - Penalty.
(1) Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall be subject to the enforcement provisions in Chapter 17.07 LCC.
(2) In addition or in lieu of the above penalty, an action may be instituted in superior court to prevent, restrain, correct or abate any violation of this chapter, or of airport zoning regulations adopted under authority of this chapter or Chapter 14.12 RCW, or of any order or ruling made in connection with administration or enforcement. The court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto. [Ord. 1192 §4, 2006; Ord. 1170B, 2000]
17.90.200 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structure or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. [Ord. 1170B, 2000]