Chapter 15.350
AIRPORT OVERLAY ZONE (A-O) STANDARDS1

Sections:

15.350.010    Purpose.

15.350.020    Statutory authority.

15.350.030    Airport overlay zone.

15.350.040    Uses, development requirements and restrictions.

15.350.050    Permits.

15.350.010 Purpose.

A.    The purpose of the airport overlay zone is to protect the viability of Kittitas County Airport (Bowers Field) as a significant resource to the community by encouraging compatible land uses and densities, reducing hazards to lives and properties, and ensuring a safe and secure flying environment.

B.    The airport overlay zone and subdistricts therein are based on aircraft accident data from the National Transportation Safety Board (NTSB) as depicted in the airport master plan safety zones, the Federal Aviation Regulation (FAR) Part 77 Imaginary Surfaces and FAA AC 150/5200-33A, Hazardous Wildlife Attractants on or near Airports.

C.    As the name implies, this overlay zone is laid over the existing zoning districts. It is shown outside of the current city limits as advisory to adjacent jurisdictions.

D.    The airport overlay zone modifies the density and land use requirements of the underlying zoning districts. These modifications are based on the guidelines within the WSDOT Aviation Division’s “Airports and Compatible Land Use, Volume 1” and provide for maximum protection to the public, health, safety and general welfare of the community, airport users, and citizens working and residing within the airport protection district. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.350.020 Statutory authority.

This chapter is adopted pursuant to RCW 36.70.547 and 36.70A.510 that require a county, city or town to enact development regulations to discourage the siting of incompatible land uses adjacent to general aviation airports. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.350.030 Airport overlay zone.

In order to carry out the purpose of this chapter there is hereby created an airport overlay zone (A-O) that is composed of the following surface and safety zones. The zones cover a geographic area that is affected by airport activities and are defined on the basis of factors including, but not limited to, aircraft noise, aircraft flight patterns, airport safety zones, local circulation patterns and area development patterns. The boundaries of the airport surface and safety zones are shown on airport overlay zone (A-O) Map “B,” “Safety Zones” (see Figure 15.300.060(D)) which shall be on file and open for inspection in the Kittitas County public works department, Kittitas County planning department and city of Ellensburg community development department. The surface and safety zones are overlaid on top of the existing underlying zoning that remains in full force and effect. Where the requirements imposed by the surface and safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced.

A.    Surface Zones. In order to carry out the provisions of this chapter, there are created and established certain surface zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Kittitas County Airport (Bowers Field). Such zones are shown on Kittitas County Airport (Bowers Field) Overlay Zone Map “A,” “Part 77,” as amended, which is on file and open for inspection in the Kittitas County public works department. Within each of the surface zones there are hereby established certain height restrictions for structures and trees. The surface zones are established and defined as follows:

1.    Runways 07, 25, and 11 – Larger Than Utility with a Visibility Minimum Greater Than Three-Fourths-Mile Non-Precision Instrument Approach Zone. The 500-foot inner edge coincides with the width of the primary surface and slopes 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and expands to a horizontal distance of 3,500 feet at a horizontal distance of 10,000 feet along the extended runway centerline. Its centerline is the continuation of the runway centerline as depicted on Map “A.” Height restrictions: no object shall penetrate the imaginary line created by a slope 34 feet outward for each one foot upward 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.

2.    Runway 29 – Larger Than Utility with a Visibility Minimum Lower Than Three-Fourths-Mile Precision Instrument Approach Zone. The 1,000-foot inner edge of this approach zone coincides with the width of the primary surface. The approach zone expands uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway as depicted on Map “A.” Height restrictions: no object shall penetrate the imaginary line created by a slope 50 feet outward for each one foot upward for the first 10,000 feet of this zone and 40 feet outward for each one foot upward for the remaining 40,000 feet of this zone.

3.    Transitional Zones. This zone is defined by a slope seven feet outward for each one foot upward 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 which is 139 feet above mean sea level, as depicted on Map “A.” Height restrictions: no object shall penetrate the imaginary line created by a slope seven feet outward for each one foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Further, where the precision instrument runway approach zone projects beyond the conical zone, no object shall penetrate the imaginary line created by a slope seven feet outward for each one foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

4.    Horizontal Zone. This zone is established at 150 feet above the airport elevation or at a height of 1,916 feet above mean sea level by swinging arcs of 5,000 feet radial for all runways designated utility or visual and 10,000 feet for all other runways from the centers of the primary surface of each runway and connecting adjacent arcs by drawing lines tangent to those arcs, as depicted on Map “A.” The horizontal zone does not include the approach and transitional zones. Height restrictions: no object shall penetrate the imaginary horizontal line created at 150 feet above the airport elevation or at a height above the airport of 1,916 feet above mean sea level.

5.    Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there for a horizontal distance of 4,000 feet as depicted in Map “A.” Height restrictions: no object shall penetrate the imaginary line created by a slope 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height up to 3,500 feet above the surface of the land.

B.    Safety Zones. In order to carry out the provisions of this chapter and to promote land use compatibility on lands within and adjacent to and in the vicinity of the Kittitas County Airport (Bowers Field), there are created and established certain safety zones. Such safety zones are shown on Kittitas County Airport (Bowers Field) overlay zone Map “B,” “Safety Zones,” as amended and shall also be identified on the city of Ellensburg official zoning map by inclusion of the prefix “Airport” attached to the corresponding underlying zone name. Within each of the safety zones certain land use limitations are hereby established and certain development standards are hereby imposed in addition to the land uses and development standards of the underlying zoning district. Where the requirements imposed by these safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced. The safety zones are established and defined as follows:

1.    Runway Protection Zone 1. An area extending beyond the centerlines of Runways 11, 29, 07 and 25 as depicted on Map “B” (shaded area No. 1). This zone begins from the outer boundaries of the primary surface, 200 feet from the ends of the runways and extends out 1,700 feet to its widest point, which measures 1,010 feet across, 505 feet on either side of the runway centerline.

2.    Inner Safety Zone 2. An area extending beyond the centerlines of Runways 11, 29, 07 and 25 as depicted in Map “B” (shaded area No. 2). This zone begins at the end of the runway protection zone 1 and extends out 2,800 feet. The zone measures 1,010 feet across, 505 feet on either side of the runway centerline.

3.    Inner Turning Zone 3. A fan-shaped area extending beyond the centerlines of Runways 11, 29, 07 and 25 as depicted on Map “B” (shaded area No. 3). This zone begins at the primary surface, 200 feet from the end of the runway centerline and extends out with a 60-foot radius arc on either side of the runway centerline to 4,500 feet and connects to the centerline of the inner safety zone with sweeping arcs.

4.    Outer Safety Zone 4. An area extending beyond the centerlines of Runways 11, 29, 07 and 25 as depicted on Map “B” (shaded area No. 4). This zone begins at the end of the inner safety zone and extends out 3,000 feet. The zone measures 1,000 feet across, 500 feet on either side of the runway centerline.

5.    Sideline Zone 5. An area adjacent to Runways 11, 29, 07, and 25 as depicted on Map “B” (shaded area No. 5). This zone begins from the outer boundaries of the primary surface, and extends out 1,000 feet perpendicular to the primary surface and connects to the 60-degree sector of the inner turning zone.

6.    Airport Operations Zone 6. This zone is depicted on Map “B” (shaded area No. 6) and begins from the outer boundaries of the sideline zone and extends out 5,000 feet perpendicular to the primary surface and connects to the 60-degree sector of the inner turning zone. [Ord. 4656 § 1 (Exh. O2), 2013.]

15.350.040 Uses, development requirements and restrictions.

A.    General Development Requirements and Restrictions Applicable to All Zones.

1.    Underlying Zoning Requirements. In addition to the airport overlay zone (A-O) development requirements and restrictions set forth in subsections (A)(2) through (9) of this section and in Table 15.350.040, all uses and activities are at all times subject to the requirements of the underlying zoning district. Where the requirements and restrictions imposed by the airport overlay zone (A-O) safety zones conflict with the requirements of the underlying zoning district, the more restrictive requirement shall be applied.

2.    Height. All uses shall be subject at all times to the height restrictions set forth in ECC 15.350.030(A).

3.    Signal and Radio Communication Interference. Electrical interference with navigational signals or radio communication between the airport and aircraft is prohibited and will be regulated in accordance with rules and regulations promulgated and enforced by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA).

4.    Lighting and Glare. Activities or uses that create lighting which makes it difficult for pilots to distinguish between airport lights and nonairport lights or that create glare in the eyes of pilots using the airport are prohibited and will be regulated in accordance with rules and regulations promulgated and enforced by Federal Aviation Administration (FAA) regulations. All newly installed outdoor lighting fixtures shall be arranged and shielded so that area lighting shall not shine into the sky.

5.    Visibility. Activities or uses that create excessive amounts of dust, smoke, or other emissions that may result in impairment of visibility in the vicinity of the airport are discouraged and will be regulated in accordance with rules and regulations promulgated and enforced by the Washington State Department of Ecology under the Clean Air Act and other state and federal regulations.

6.    Large Bodies of Water. Activities or uses that create large areas of standing water are discouraged and shall be reviewed and regulated in accordance with the provisions set forth in the city’s SEPA regulations as set forth in Chapter 15.270 ECC.

7.    Flammable and Combustible Materials. Flammable and combustible liquids and specifications for fuel storage shall be in accordance with the International Fire Code (IFC) as adopted in ECC Title 3.

8.    Noise Insulation. Noise insulation for new structures shall be in accordance with the International Building Code and the Washington State Energy Code as adopted in ECC Title 3.

9.    Subdivision. When any division of land including short plats, plats, subdivisions, planned unit developments, or boundary line adjustments occurs on any land within the airport overlay zone (A-O) safety zones 1 through 6, a note shall be recorded with the county auditor as follows: “This property is located within the airport overlay zone in which a variety of airport aviation activities occur. Such airport aviation activities may impact the use of your property.”

B.    Additional Safety Zone Uses, Development Requirements and Restrictions. In addition to the general development requirements and restrictions set forth in subsection (A) of this section, certain additional development requirements and restrictions are necessary in specific safety zone areas in order to protect the health, welfare, safety, and quality of life of the general public, property owners, airport operators, and aviation community, and also to ensure compatible land uses in the vicinity of the airport. Those additional development requirements and restrictions are set forth in Table 15.350.040.

Table 15.350.040. Additional safety zone uses,
development requirements and restrictions. 

Airport Safety Zones

Additional Safety Zone Uses, Development Requirements and Restrictions

Zone 1 (Runway Protection Zone)

1.

Land uses, which by their nature will be relatively unoccupied by people, should be encouraged (mini-storage, small parking lots, etc.)

2.

Schools, play fields, hospitals, nursing homes, and churches are prohibited.

Zone 2 (Inner Safety Zone)

1.

Schools, play fields, hospitals, nursing homes, and churches are prohibited.

2.

Zoning changes on property within zone 2 that is within the unincorporated Ellensburg urban growth area (UGA) and which later annexes into the city limits shall maintain an average residential density after annexation that is consistent with the underlying Kittitas County zoning on the property in effect at the date of annexation.

Zone 3 (Inner Turning Zone)

1.

Schools, play fields, hospitals, nursing homes, and churches are prohibited.

2.

Zoning changes on property within zone 3 that has annexed into the city limits prior to October 15, 2001, adoption of Ordinance 4296, shall maintain a maximum residential density of 6 dwelling units per gross acre with a planned unit development (PUD) option available but limited to that average maximum of 6 dwelling units per gross acre with no density bonuses available.

3.

Zoning changes on property within zone 3 that is within the unincorporated Ellensburg urban growth area (UGA) and which later annexes into the city limits shall maintain an average maximum residential density after annexation that is consistent with the underlying Kittitas County zoning on the property in effect at the date of annexation, except that those properties which, as of the October 15, 2001, adoption of Ordinance 4296, have frontage on Sanders Road within zone 3 will be allowed to maintain a maximum density of one dwelling unit per acre after annexation to the city of Ellensburg.

Zone 4 (Outer Safety Zone)

1.

Schools, play fields, hospitals, nursing homes, and churches are prohibited.

2.

Zoning changes on property within zone 4 that is within the unincorporated Ellensburg urban growth area (UGA) and which later annexes into the city limits shall maintain an average maximum residential density after annexation that is consistent with the underlying Kittitas County zoning on the property in effect at the date of annexation.

Zone 5 (Sideline Zone)

1.

Schools, play fields, hospitals, nursing homes, and churches are prohibited.

Zone 6 (Airport Operations Zone)

1.

Zoning changes on property within zone 6 that has annexed into the city limits prior to the October 15, 2001, adoption of Ordinance 4296, shall maintain an average maximum residential density of 6 dwelling units per gross acre with a planned unit development (PUD) option available but limited to that average maximum of 6 dwelling units per gross acre with no density bonuses available.

2.

Zoning changes on property within zone 6 that is within the unincorporated Ellensburg urban growth area (UGA) and which later annexes into the city limits shall maintain an average maximum residential density of 3 dwelling units per gross acre after annexation. The minimum lot size for future subdivisions after annexation shall be 7,000 gross square feet; however, whenever any future subdivision of such property creates a lot that is smaller in size than 14,520 square feet, a note shall be placed on the face of the plat stating that there can be no further subdivision of any parcel created by that subdivision while the property is situated within the airport overlay zone (A-O).

Note:

1.    All aviation uses are permitted in all zones but only when located on property owned by the Kittitas County Airport.

2.    When calculating densities and available dwelling units in accordance with the requirements set forth in Table 15.350.040, if the number of dwelling units available on a property is not a whole number, then it shall be rounded down to the nearest whole number if the fraction is 0.49 or less and rounded up to the nearest whole number if the fraction is 0.5 or greater.

3.    Required development standards for public infrastructure shall be consistent with the established city standards in effect at the time of development permitting. An exception is made for those properties that are designated with a density of either three dwelling units per acre or one dwelling unit per acre as determined by Table 15.350.040. For those excepted properties, new local residential streets shall only be required to provide for sidewalk improvements on one side of a street and street lighting improvements at street intersections. All other standards, including but not limited to those for community arterial and collector streets, municipal utilities and any other required improvements, shall be consistent with the established city standards in effect at the time of development permitting.

[Ord. 4807 § 52, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

15.350.050 Permits.

A.    Future Uses and Supplemental Permit Review Requirements. In addition to compliance with LDC provisions for uses and structures in the underlying zone per ECC 15.110.050, 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 created by this chapter unless a permit therefor has been applied for to the city of Ellensburg community development department and granted by the reviewing authority, except as specifically provided in subsections (A)(1), (2) and (3) of this section. Permits for such activities shall be processed as a Type I decision per Chapter 15.210 ECC, except where otherwise specified by applicable activity in underlying zone. Supplemental A-O zone permit requirements:

1.    Hereafter, no use shall be conducted, and no building, structure and appurtenance shall be erected, relocated, remodeled, reconstructed, altered or enlarged unless in compliance with the provisions of the LDC, and then only after securing all permits and approvals required hereby. It shall be unlawful to build or use any building or structure or to use premises in the city for any purpose or use other than the uses listed as being permitted in the zone in which such building, land, or premises is located;

2.    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 is consistent with the provisions of this chapter;

3.    A certificate from an engineer or land surveyor that clearly states that no airspace obstruction will result from the proposed use;

4.    All construction on airport property and any construction that penetrates Federal Regulation Part 77 surfaces shall prepare and submit FAA form 7460; and

5.    A site plan showing the following shall be submitted:

a.    The location of the project in relation to the Kittitas County Airport.

b.    The location and height of all proposed buildings, structures, and natural vegetation as measured from the established airport surface elevation.

No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with subsection (E) of this section.

B.    Exceptions to Permit Requirements.

1.    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.

2.    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 limit prescribed for such approach zones.

3.    In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, 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, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

C.    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, as amended, or than it is when the application for a permit is made.

D.    Nonconforming Uses Abandoned or Destroyed. Whenever the director 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.

E.    Variances. 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 may apply for a variance from such regulations per ECC 15.250.050. Such a variance application 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, efficient use of navigable airspace. Prior to considering an application for variance to the requirements of this chapter, the board of adjustment (or other decision-maker) shall furnish a copy of the application to the Kittitas County Airport manager for advice as to the aeronautical effects of the variance. If the Kittitas County Airport manager does not respond to the application within 30 days after receipt, the board of adjustment (or other decision-maker) may act on its own to grant or deny said application. [Ord. 4656 § 1 (Exh. O2), 2013.]


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NOTE: The information contained in this chapter may not be the most current information and should be confirmed at the Ellensburg or Kittitas County planning departments.