Chapter 18.38
AI—AIRPORT INDUSTRIAL DISTRICT

Sections:

18.38.010    Purpose.

18.38.020    General uses.

18.38.030    Airport industrial district overlays established generally.

18.38.040    Overlay boundaries delineated.

18.38.050    Permitted uses.

18.38.060    Uses permitted through planned development process.

18.38.070    Prohibited uses.

18.38.080    Nonconforming uses and variances.

18.38.090    Height limitations.

18.38.100    Supplementary land use standards.

18.38.110    Land uses in special airport zones.

18.38.010 Purpose.

The Airport Industrial district, pursuant to RCW Title 14, is a specialized public use area designed to allow for the location and development of a wide range of uses that are compatible with the primary use of the site as an airport. The district is intended to provide uses that compliment the airport, in a location which insulates the major residential areas from the noise, traffic or aesthetic impacts of such uses. It is the intent of the city of Omak to protect the health, lives, and property of the public in association with the safe operation of the airport. (Ord. 1358 § 3(A), 1997: Ord. 1286 (part), 1995).

18.38.020 General uses.

The district use chart, Section 18.11.050, sets forth those uses which are permitted outright, require a conditional use permit, or planned development approval in the Airport Industrial district. (Ord. 1286 (part), 1995).

18.38.030 Airport industrial district overlays established generally.

In order to carry out the provisions of this chapter, certain overlays are created and established. Unrestricted navigable airspace and ground level aircraft over-run areas are necessary for safe operation of the airport. The Federal Aviation Administration (FAA) has identified safe standards for height restrictions (as authorized under FAR Part 77 and other applicable regulations) for all public and private land under the jurisdiction of the city of Omak (as authorized under the city of Omak comprehensive plan, zoning code, and zoning map), the Colville Confederated Tribes (as authorized under the Colville Confederated Tribes’ Title 50 and other applicable regulations), and Okanogan County (as authorized under the Okanogan County comprehensive plan, zoning code, and the Omak airport airspace plan). These jurisdictions have compatible zoning overlay districts that identify: (1) areas with height restrictions and (2) areas that may contain objects that have potential implications on airport operations and thereby require notification of the FAA. Where these districts overlay each other or an underlying land use zone, the most restrictive height limitation requirements imposed shall govern. Overlay districts and the AI—Airport Industrial district zone are shown on the city of Omak zoning map dated November 3, 1997 which is on file in the city clerk’s office. The various airport overlays are established and defined as follows in Section 18.38.040. (Ord. 1358 § 3(C), 1997).

18.38.040 Overlay boundaries delineated.

(a)    AI—The Airport Industrial district zone overlays consist of the FAA notification overlay (FNO) and the flight pattern overlay (FPO). The boundaries of the FAA notification overlay include all lands at, above, and below the notification surface as defined in Chapter 18.08 Definitions. The boundaries of the flight pattern overlay include all lands which lie at, above, and below the approach surfaces, conical surface, horizontal surface, and transitional surfaces as defined in Chapter 18.08 Definitions.

(b)    In an effort to preclude obstructions potentially hazardous to aircraft and to control building construction, as a protection from nuisance and hazard to people on the ground and the men and women of flight, it is necessary to establish the following special airport zones within the flight pattern overlay (FPO): runway protection zones (RPZ’s), object free zones (OFZ’s), and building restriction zone (BRZ). The boundaries of these zones are delineated in Chapter 18.08 Definitions. (Ord. 1358 § 3(D), 1997).

18.38.050 Permitted uses.

Permitted uses shall be businesses incidental to, and necessary or convenient for airport operations. Permitted uses are identified in the district use chart in Section 18.11.050 and more specifically include:

(a)    Uses by landing or departing aircraft;

(b)    Sale, delivery, and storage of aviation fuel and oil;

(c)    Sale, storage, maintenance, manufacture, assembly, and repair of aircraft, aviation equipment, and component parts;

(d)    Offices, restaurants, and other commercial enterprises that depend directly or indirectly upon aviation;

(e)    One residential dwelling is permitted for exclusive use by authorized airport personnel. Said residence shall be located no closer than seven hundred forty-five feet from the runway centerline, two hundred fifty feet from the center line all taxiways, and not within the runway protection zones (RPZ’s), object free zones (OFZ’s), building restriction zone (BRZ), or under the approach surface. Other residences (including manufactured homes), bed and breakfasts, RV parks, and camping sites are permitted through the planned development process (see Section 18.38.045);

(f)    Airport rescue and fire fighting (ARFF) facilities;

(g)    Other uses reviewed and determined by the city council upon recommendation of the airport manager to be both beneficial and desirable uses of the airport. (Ord. 1358 § 3(E), 1997).

18.38.060 Uses permitted through planned development process.

The following uses may be permitted when they are designed and built to be part of a residential airpark, subject to approval only through the planned development process.

(a)    Single-family dwellings;

(b)    Manufactured homes;

(c)    Bed and breakfasts;

(d)    RV parks;

(e)    Camping sites.

In addition to the conditions set forth in the planned development process, the following standards shall apply to any proposed residential airpark use. Uses shall be:

(1)    Located no closer than seven hundred forty-five feet from the runway centerline;

(2)    Located no closer than two hundred fifty feet from the center line of taxiways;

(3)    Not located within the runway protection zones (RPZ’s) as defined in Chapter 18.08 Definitions;

(4)    Not located within the object free zones (OFZ’s) as defined in Chapter 18.08 Definitions;

(5)    Not located between building restriction zone (BRZ) as defined in Chapter 18.08 Definitions. (Ord. 1358 § 3(F), 1997).

18.38.070 Prohibited uses.

Prohibited uses are identified in the district use chart in Section 18.11.050 and more specifically include:

(a)    Uses that will create electrical interference with navigation signals or radio communications between flight controllers in the airport and an aircraft;

(b)    Uses that would make it difficult for pilots to distinguish airport lights, or create glare, or create dust, or other conditions that obscure vision;

(c)    Uses that would regularly and frequently encourage the congregation of large numbers of people, such as would be the case with schools (except that flight schools or other related permitted activities), churches, commercial recreation facilities, hospitals, amusement parks, and other uses where large numbers of people regularly assemble;

(d)    Uses that would cause a concentration of birds such that a hazard is created for aircraft landing and takeoff;

(e)    Overhead transmission lines;

(f)    Any use that creates a nuisance as determined by the airport board because of light, glare, noise, smoke, odor, dust, gas or other noxious emissions (not including fire abatement chemicals such as, but not limited to, Halon 1211 or Aqueous Film Forming Foam);

(g)    The development of a use specifically for the storage, treatment, processing, and manufacture of hazardous materials (not including storage of aviation fuel where permitted), where such development activity is not appurtenant to an existing or proposed permitted use. (Ord. 1358 § 3(G), 1997).

18.38.080 Nonconforming uses and variances.

Procedures for nonconforming uses and variances within the AI—Airport Industrial district are identified in Chapter 18.52. (Ord. 1358 § 3(H), 1997).

18.38.090 Height limitations.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained so as to penetrate into any overlay created in this chapter. Uses of the underlying lands that create dust, glare, or concentrations of birds that affect the use of the overlay shall be considered violations of the height limitations set forth herein.

(a)    FAA Notification Overlay. Owners of property, structures and objects within the boundaries of the FAA notification overlay, as defined in Section 18.38.040, shall notify the Federal Aviation Administration (FAA) using FAA Form 7460 (or subsequent version), of any proposed new construction or alteration which contemplates penetration of, or location above the notification surface, as defined in Chapter 18.08 Definitions. The FAA will have an opportunity to recognize potential aeronautical hazards, revise published data for pilots, recommend marking and lighting to make objects more visible to pilots, and depict obstacles on aeronautical charts. (Please note that although this overlay covers much of the city of Omak, it is unlikely that it will have any direct implications on any proposed structures due to the nearly two-hundred-foot elevation drop between the airport and downtown).

(b)    Flight Pattern Overlay. No structure or object within the boundaries of the flight pattern overlay (FPO), as delineated in Section 18.38.040, shall be constructed or erected in a manner which contemplates penetration of, or location above, the approach surfaces, conical surface, horizontal surface, or transition surfaces as defined in Chapter 18.08 Definitions. (Ord. 1358 § 3(I), 1997).

18.38.100 Supplementary land use standards.

In addition to building setback minimums, building height maximums, density, and other standards applicable to the AI—Airport Industrial district, the following land use standards apply to all areas with the AI—Airport Industrial district:

(a)    Permitted materials shall be stored, and grounds shall be maintained, in a manner which will not attract or aid the propagation of insects, rodents and birds or otherwise create a health hazard.

(b)    All service, processing, or storage on property within fifty feet of a residential district shall be wholly within an enclosed building or screened from view from the residential district by a permanently maintained, visual barrier at least six feet high.

(c)    Access from a public street to properties in the AI—Airport Industrial district shall be so located as to minimize traffic congestion and avoid directing industrial traffic onto residential streets. (Ord. 1358 § 3(J), 1997).

18.38.110 Land uses in special airport zones.

In an effort to preclude obstructions potentially hazardous to aircraft and to control building construction, as a protection from nuisance and hazard to people on the ground and the men and women of flight, it is necessary to establish runway protection zones (RPZ’s), object free zones (OFZ’s), and building restriction zones (BRZ). The boundaries of these zones are delineated in Chapter 18.08 Definitions. To all lands within these zones, the following standards shall apply respectively:

(a)    Runway Protection Zones (RPZ’s). Both runway protection zones (RPZ’s) shall be clear of all incompatible structures including but not limited to: residences, uses lending to an assembly of people, and fuel storage tanks (including aviation fuel storage tanks), not withstanding existing structures.

(b)    Object Free Zones (OFZ’s). Objects nonessential for air navigation or aircraft ground maneuvering purposes shall not be placed within the object free zones as defined in Chapter 18.08 Definitions, not withstanding existing structures.

(c)    Building Restriction Zone (BRZ). No structure, unless deemed necessary for air navigation equipment, shall be constructed within the bounds of the building restriction zone as defined in Chapter 18.08 Definitions (not applicable to permitted expansion of pre-existing or planned structures). (Ord. 1358 § 3(K), 1997).