Chapter 15.30
AIRPORT SAFETY OVERLAY (ASO)
Sections:
15.30.010 Purpose.
15.30.020 Definitions.
15.30.030 Application of airport safety overlay provisions.
15.30.040 Class (1) uses.
15.30.050 Class (2) and Class (3) uses.
15.30.060 Application requirements.
15.30.070 Height limitations and additional requirements.
15.30.080 Special provisions for new airports, heliports and landing fields.
15.30.010 Purpose.
The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal at McAllister Field and any other state and federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to the Yakima Air Terminal at McAllister Field or other public airport with defined airspace per Federal Aviation Regulations (FAR) Part 77. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.020 Definitions.
The following terms are established for the purpose of protecting the airspace of the Yakima Air Terminal at McAllister Field or any other state and federal system airport:
“Airspace hazard” means any structure, tree, or use of land which compromises public safety or obstructs the airspace required for the safe operation of aircraft in or around an airport, as determined by the administrative official under this title.
“Airspace obstruction” means any structure, tree, land mass, smoke or steam or use of land which penetrates the primary, approach, transitional, horizontal or conical surface of an airport as defined by Federal Aviation Regulations (FAR) Part 77.
“Avigation easement” means an easement granted for the free and unobstructed use and passage of aircraft over, across, and through the airspace above or in the vicinity of property.
“Civil airport imaginary surfaces” means the imaginary airspace (primary, approach, transitional, horizontal and conical surfaces) designated by the Federal Aviation Administration and as defined by FAR Part 77.
“Established airport elevation” means the highest point of an airport’s usable landing area, measured in feet above mean sea level.
“Hazard to air navigation” means an official determination by the FAA that an airspace obstruction constitutes a hazard to air navigation. The FAA determination that an airspace obstruction does not constitute a “hazard to air navigation” under federal regulations does not prevent the administrative official from determining that it is an airspace hazard or potentially incompatible land use under this title.
“Potentially incompatible land use” means land uses deemed potentially incompatible within the airport safety overlay, including:
1. Those land uses located in the primary airport safety overlay, being an area bounded by the limits of the approach surface and the transitional surface within the conical surface area, that are of such intensity as to potentially endanger public health, safety or welfare. Such uses include manufactured or mobile home parks, schools, places of public assembly, and multifamily residential uses; and
2. Those land uses within the primary or secondary airport safety overlay constituting airspace hazards, as determined by the administrative official.
“Runway protection zone(s)” means a trapezoidal area representing the ground level at the innermost portion of the runway approach as defined in the respective airport master plan. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.030 Application of airport safety overlay provisions.
A. All zoning districts regulated under this title lying within the airport safety overlay are subject to the requirements of this overlay, except as may be otherwise stated herein.
B. The airport safety overlay (ASO) contains those areas defined by Federal Aviation Regulations (FAR) Part 77 as imaginary surfaces and the runway protection zone(s) as illustrated on the airport layout plan (ALP) and zoning map, and comprised of two parts:
1. The primary airport safety overlay addresses land use compatibility with airport operations and structure height. It is located in an area bounded by the limits of the runway protection zone and the FAA-defined approach and transitional surfaces within the conical surface area; and
2. The secondary airport safety overlay principally addresses structure height, particularly where a structure may constitute an incompatible land use under this title. It is bounded by the exterior of the conical surface area and the approach and transitional approach surfaces extending beyond the conical surface. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.040 Class (1) uses.
A. The uses listed as Class (1) uses within the underlying zoning district shall be subject to the height restrictions listed in YMC 15.30.070 or YMC Chapter 15.05, Table 5-1, whichever is the more restrictive. No separate application for a Class (1) use in the airport overlay is required, provided the administrative official can conclusively determine that the proposed structure or use:
1. Does not constitute a potentially incompatible land use; and
2. Will not exceed thirty-five feet in height; or, if greater than thirty-five feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR Part 77; and
3. Is not within a designated runway protection area or an identified future sixty-five DNL aircraft noise-impacted area within the airport master plan or the FAA-approved airport layout plan. Such structures and uses shall in any case be subject to the limitations of YMC 15.30.070 and to the recording of an avigation easement.
B. Class (1) uses shall be subject to Class (2) application and review procedures pursuant to YMC 15.30.060 where the use is a potentially incompatible land use, or where the administrative official cannot make a conclusive determination as required in subsection A of this section. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.050 Class (2) and Class (3) uses.
A. The uses listed as Class (2) and Class (3) uses within the underlying zoning district are subject to:
1. The height restrictions listed in YMC 15.30.070 and YMC Chapter 15.05, Table 5-1, whichever are the more restrictive;
2. The provisions of YMC Chapter 15.04 and any other review criteria for the use required by the underlying zoning district; and
3. A determination that the use can be appropriately conditioned to mitigate noise impacts and other airport safety concerns.
B. Where an airspace hazard has been determined to exist by the administrative official, the FAA determination on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using VFR, airport operations, and development patterns. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.060 Application requirements.
A. Applications for uses within the airport safety overlay established by this chapter shall include the following information:
1. Property boundary lines as they relate to the boundaries of the primary and secondary airport safety overlays;
2. Location, elevation, and height of all existing and proposed buildings, structures, utility lines, and trees taller than thirty-five feet in height;
3. A description of the proposed use; and
4. A statement of compatibility from the airport manager when the use is to be located within the airport safety overlay relative to the impact of the use on airport operations and safety.
B. In consideration of an application for a building, structure, or other use which will exceed thirty-five feet in height, the administrative official may require the applicant to submit either of the following:
1. A certificate from a registered professional engineer or a licensed land surveyor, which clearly states that no airspace obstruction will result from the proposed use, or
2. Either or both of the following:
a. The maximum elevations of proposed structures based on the established airport elevation and USGS datum. Elevations shall be determined by a registered professional engineer or a licensed land surveyor, accurate to plus or minus one foot, shown as mean sea level elevation or other available survey data. The accuracy of all elevations shall be certified by the engineer or surveyor.
b. A map of topographic contours with not more than five-foot intervals, showing all land within one hundred feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the verification of a licensed land surveyor or registered professional engineer. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.070 Height limitations and additional requirements.
A. A building, structure, communication tower, use, or tree that penetrates any of the FAA-designated imaginary surfaces constitutes an obstruction within the ASO overlay. Therefore, the allowable height of any building, structure, communication tower, use, or tree within the airport safety overlay shall conform to the following:
1. The ground level elevation above mean sea level plus the height of any building, structure, communication tower, use, or tree at its proposed location shall not penetrate any FAR Part 77-designated imaginary surfaces of an airport.
2. However, structures thirty-five feet or more in height may penetrate the imaginary surfaces when the reviewing official, in consultation with the Washington State Department of Transportation (WSDOT) Aviation Division or the airport manager, can determine that the structure is not likely to constitute an airspace hazard.
3. The administrative official may require lights or markers as a warning to aircraft on the building, structure, communication tower, use, or tree(s) or to top the tree to reduce its height when recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications.
4. Notwithstanding any other provision of this title, the administrative official shall not approve any building, structure, communication tower, use, or tree when the FAA has designated it a hazard to air navigation.
B. Whenever the height limitations of this section differ from those of any other section of this chapter, or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply.
C. No use or activity shall take place within the airport safety overlay in such a manner as to: make it difficult for pilots to distinguish between airport lights and other lights; create electrical interference with navigational signals or radio communication between the airport and aircraft; 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 create a hazard which may in any way endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.
D. The regulations prescribed by this chapter shall not be construed to require a property owner to remove, lower, or make changes or alterations to any structure which legally existed prior to the effective date of the ordinance codified in this chapter, except as may be compelled by state or federal regulation. However, such structures shall be considered nonconforming if such structure is in conflict with these regulations.
E. An aviation easement and deed declaration, which recognizes the preexistence of the airport and the right of over flight, shall be recorded for all uses within the approach and transitional surfaces of the conical surface area. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).
15.30.080 Special provisions for new airports, heliports and landing fields.
All new airports, heliports, or landing fields shall be designed so that the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public assembly is minimized. They shall be located so that air traffic shall not generate more than fifty-five DNL as measured at the property line and shall not be located in close proximity to incompatible land uses as defined in this title. The proponents shall show that adequate controls or measures will be taken to reduce noise levels, vibrations, dust or bright lights, as required by federal, state, county, and city regulations. (Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 4 (part), 2001).