Chapter 17.40
AIRPORT OVERLAY ZONE
Sections:
17.40.040 Airport zone height limitations.
17.40.010 Purpose.
A. Obstructions have the potential for endangering the lives and property of users of the Othello Municipal Airport, and the property of occupants of land in its vicinity. Obstructions may affect future instrument approach minimums at the Othello Municipal Airport and may reduce the size of area available for landing, take-off and maneuvering of aircraft. Obstructions would tend to destroy or impair the utility of the Othello Municipal Airport and the public’s investment, and are potential public nuisances.
B. In the interest of the public health, safety, and general welfare, the creation or establishment of obstructions that are a hazard to air navigation should be prevented. The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
C. It is the purpose of this chapter to prevent the creation or establishment of hazards to air navigation; to eliminate, remove, alter or mitigate hazards to air navigation; and to provide for the marking and lighting of obstructions, for which the county may raise and expend public funds and acquire land or interests in land. (Ord. O-01-05 § 2 (part))
17.40.020 Definitions.
Definitions applicable to this chapter are those found in Chapter 17.04, particularly in Section 17.04.960. (Ord. O-01-05 § 2 (part))
17.40.030 Airport zones.
In order to carry out the provisions of this chapter, zones are established which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Othello Municipal Airport. The zones are shown on the Othello Municipal Airport Approach and Clear Zone Map consisting of one sheet dated October 8, 1993. The map is on file with the building and planning department. An area located in more than one zone is considered to be only in the zone with the more restrictive height limitation. The various zones are defined as follows:
A. Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty feet wide for Runway No. 07/25. The approach zone expands uniformly to the width of one thousand two hundred fifty feet at a horizontal distance of five thousand feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
B. Transitional Zone. Transitional zones are the areas beneath the transitional surfaces.
C. Horizontal Zone. Horizontal zones are established by swinging arcs of five thousand 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. Horizontal zones do not include approach and transitional zones.
D. Conical Zone. Conical zones are established as the area commencing at the periphery of the horizontal zones and extending outward and upward at 20:1 therefrom for a horizontal distance of four thousand feet. (Ord. O-01-05 § 2 (part))
17.40.040 Airport zone height limitations.
No structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone, as defined in this chapter, to a height in excess of the applicable height limit established for that zone. The applicable height limitations for each of the zones are established as follows:
A. Utility Runway Visual Approach Zone. Slopes twenty feet outward for each foot upward (20:1) beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.
B. Transitional Zones. Slopes 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 one hundred fifty feet above the airport elevation.
C. Horizontal Zone. One hundred fifty feet above the airport elevation or at a height of one thousand two hundred ninety-five feet above mean sea level.
D. Conical Zone. Slopes twenty feet outward for each foot upward (20:1) for four thousand feet beginning at the periphery of the horizontal zone and at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation. (Ord. O-01-05 § 2 (part))
17.40.050 Use restrictions.
No use may be made of land or water within any zone so as to:
A. Create electrical interference with the navigational signals or radio communications between the airport and aircraft.
B. Make it difficult for pilots to distinguish between airport lights and others.
C. Result in glare in the eyes of pilots using the airport.
D. Create bird strike hazards.
E. Otherwise endanger or interfere with the landing, take-off, or maneuvering of aircraft intending to use the airport. (Ord. O-01-05 § 2 (part))
17.40.060 Nonconforming uses.
A. Effect Not Retroactive. The provisions of the ordinance codified in this chapter shall not be construed to adversely affect any existing structure or use as of its effective date, nor require any change in the construction, alteration or intended use of any prior structure, the construction or alteration of which was begun prior to its effective date, so long as it is diligently prosecuted.
B. Marking and Lighting. The owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance of markers and lights deemed necessary by the operating authority of the airport to indicate to the operators of aircraft the presence of obstructions. The markers and lights shall be installed, operated, and maintained at the expense of the operating authority of the airport. (Ord. O-01-05 § 2 (part))
17.40.070 Permits.
A. Future Uses. Except as specifically provided in 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 defined in this chapter unless a permit 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 determine whether the resulting use, structure, or tree would conform to the provisions of this chapter. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Section 17.04.900.
1. In the area lying within the limits of a horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, the 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 forty-three thousand two hundred feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limits prescribed for the approach zone.
3. 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.
B. 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.
C. Nonconforming Uses Abandoned or Destroyed. Whenever the administrator determines that a nonconforming tree or structure has been abandoned, or more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such a structure or tree to extend above the applicable height limit or otherwise deviate from the zoning regulations.
D. Variances.
1. 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 provisions of this chapter, may apply to the county planning director for a variance. The application for a variance 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 air space.
2. A variance shall be allowed where it is duly found that a literal application or enforcement of this chapter will result in an unnecessary hardship and relief granted will not be contrary to the public interest; will not create a hazard to air navigation; will do substantial justice; and will be in accordance with the spirit of this chapter.
3. No application for variance may be considered by the board of adjustment unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen days after receipt, the board of adjustment may act on its own to grant or deny the application.
E. Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter, be conditioned to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, necessary markings and lights. 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.
F. Conditional Use Permit. Any use allowed under any other county zoning code, which will be located in an approach zone, shall be treated as a conditional use under that code and shall be subject to all provisions and procedures required for conditional uses under that code. (Ord. O-01-05 § 2 (part))