Chapter 17.15
AIRPORT OVERLAY ZONE
Sections:
17.15.040 Airport overlay zone boundaries.
17.15.050 General use restrictions.
17.15.060 Height restrictions.
17.15.070 Compatibility use categories.
17.15.080 Airport overlay compatible uses.
17.15.090 Limited use standards.
17.15.100 Development standards.
17.15.010 Purpose and intent.
A. The purpose of the airport overlay zone is to protect the viability of the Spokane International Airport as a significant resource to the community by requiring compatible land uses and densities, reducing hazards to lives and properties, and ensuring a safe and secure flying environment, consistent with federal aviation regulations.
B. The overlay zone is in addition to existing zoning districts. Where the overlay zone and/or portions thereof are shown outside of the current City limits it is meant to be advisory to adjacent jurisdictions until such time as said areas may be annexed into and become part of the City.
C. The airport overlay zone modifies the density and land use standards of the underlying zoning districts. These modifications provide protection to the public, health, safety, and general welfare of the community, airport users, and citizens working and residing within the airport overlay zone. (Ord. C-960 § 3, 2021)
17.15.020 Applicability.
The provisions of this chapter shall apply to all lands, buildings, structures, natural features, or uses located within those areas that are defined by the airport overlay zone designated on the official zoning map unless otherwise exempted pursuant to AHMC 17.15.030, Exemptions. Provided, the provisions of this chapter shall have not regulatory effect in areas located outside of the City until such time as said areas may be annexed into and become part of the City. (Ord. C-960 § 4, 2021)
17.15.030 Exemptions.
Necessary aviation facilities, air navigation facilities, airport visual approach or aircraft arresting devices, meteorological devices, aviation industry related maintenance, aviation training and education facilities approved by the Federal Aviation Administration (FAA) or the Department of Defense, for which the location and height are fixed by their functional purpose, are exempt from the provisions of the airport overlay zone when permitted in the underlying zoning district; provided, that the use will not penetrate the Federal Aviation Regulations (FAR) Part 77 surfaces, attract wildlife that is hazardous to aviation, impact airport operations, or create a safety impact as determined by the airport director. (Ord. C-960 § 5, 2021)
17.15.040 Airport overlay zone boundaries.
In order to carry out the purpose and intent of the airport overlay zone as set forth above, and to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from airports within the City of Spokane and Spokane County, the following airspace and land use safety areas are established:
A. Spokane International Airport Overlay Zone.
1. Surface Overlay Zones.
a. Five airport land use airport compatibility zones (ACZ) are based upon Washington State Department of Transportation (WSDOT) Division of Aviation guidelines. These are further based on federal aviation accident data from the National Transportation Safety Board (NTSB) and FAA and are shown on the airport overlay zone map maintained by the Planning Department.
b. Airport Noise Zone. Those areas within 1,000 feet of where it has been determined that existing or potential noise levels exceed 65 LdN (day-night average sound level). The Planning Department maintains the official map that shows where substantial noise impact areas occur or are anticipated and shall be amended when conditions change or as new information becomes available.
2. Airspace Overlay Zones. Federal Aviation Regulations Part 77 establishes civil airport imaginary surfaces for the regulation of airspace surrounding airports. These imaginary surfaces and any revisions made thereto are adopted by reference and made an official part of this chapter. The size of each imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach existing or planned for that runway end. The Planning Services Department shall make available to the public upon request up-to-date maps and descriptions of the FAR 77 Civil Airport Imaginary Surfaces. (Ord. C-960 § 6, 2021)
17.15.050 General use restrictions.
A. No use shall be made of any land in the airport overlay zone that would cause any one of the following circumstances:
1. The use creates or causes interference with the operations of radio or electronic facilities at the airport or with radio or electronic communications between the airport and aircraft.
2. The use makes it difficult for pilots to distinguish between airport lights and other lights.
3. The use results in glare in the eyes of pilots using the airports.
4. The use impairs visibility in the vicinity of the airport.
5. The use creates thermal plumes hazardous to aircraft.
6. The use endangers the landing, taking off, or maneuvering of aircraft.
7. The use creates a wildlife attractant that, in the opinion of the airport director, could interfere with aircraft operations.
8. The use would create a fire accelerant or secondary explosion resulting from an aircraft crash in a surface overlay zone.
B. The following restrictions also apply:
1. Prior to the issuance of a building or land use permit in any of the surface overlay zones defined herein, the awarding of an avigation easement by the property owner(s) to the appropriate airport(s) shall be required and recorded with the Spokane County Auditor’s office.
2. Prior to the issuance of a permit that requires SEPA review or any Type II land use permit within the surface overlay zones, a copy of the proposal shall be routed to the appropriate official(s) at Spokane International Airport for review and comment.
3. In all cases, the filing of an FAA Form 7460-1 (or any other appropriate federal forms necessary to comply with federal airport laws) with the FAA Northwest Mountain Region may also be required, based on the overall height, location, and/or nature of the proposed construction as directed by CFR Part 77.13. (Ord. C-960 § 7, 2021)
17.15.060 Height restrictions.
Structures or vegetation shall not be constructed, altered, maintained, or allowed to grow into any airspace overlay zone as defined in AHMC 17.15.040(A)(2) and (B)(2). Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. No structure shall be erected so high as to increase the Federal Aviation Administration landing and/or approach and/or departure minimums for aircraft using the runways of the affected airports, unless the airport operator approves of such action. The following items are exempt from this provision:
A. Any structure or object that would be shielded by existing permanent structures or by natural terrain or topographic features of equal or greater height.
B. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device of a type approved by the Federal Aviation Administration, or an appropriate military service at military airports, with a fixed location and height.
C. Structures necessary and incidental to airport operations.
D. Administrative Height Exceptions. The Planning Director may, as part of a development permit application process, administratively grant height exceptions after a review of the proposal and issuance of written findings that the proposed development meets the following criteria:
1. The applicant has complied with the Federal Aviation Administration Form 7460-1 review process (Notice of Proposed Construction or Alteration) and provided documentation from FAA that this review process is complete and that FAA has no objections to the proposed development.
2. The other requirements of this chapter have been satisfied. Further, the development shall meet at least one of the following criteria:
a. The improvement would be shielded by an adjacent or nearby existing permanent structure or natural terrain feature of equal or greater height compared to the proposed structure.
b. The improvement is an air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration.
c. The proposal is a military service and support improvement, with a fixed location and height which are necessary and incidental to base operations as certified in writing by the Fairchild Air Force Base. The Director may require an applicant to provide such technical documentation and illustrations necessary to demonstrate that the proposed development will not threaten or reduce aircraft safety.
3. The following items are exempt from this provision:
a. Any structure or object that would be shielded by existing permanent structures or by natural terrain or topographic features of equal or greater height.
b. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration.
c. Structures necessary and incidental to airport operations.
d. Incinerator(s) and/or associated structure(s) owned and/or operated by a municipal corporation and/or political subdivision, either individually or jointly. (Ord. C-960 § 8, 2021)
17.15.070 Compatibility use categories.
A. This section classifies land uses and activities into use categories on the basis of common characteristics that are potentially compatible or incompatible with both civil and military airports. Uses that put people in harm’s way, increase the risk or severity of an aircraft accident, endanger public infrastructure, or reduce the long-term functionality and economic viability of the region’s civil and military aviation facilities are considered incompatible.
B. Uses Not Listed. Examples of uses that are included in the use category are provided. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is “wholesale liquidation” but that sells mostly to consumers would be considered a retail sales use rather than a wholesale sales use. As such it would be in the high-intensity uses category rather than the low-intensity uses category. This is because the actual activity on the site matches the description of the retail sales and service category. A use may not be listed but may have the same incompatible characteristics as a listed use. The Planning Services Director may determine that a proposed use has similar incompatible characteristics as other uses that are permitted or not permitted in the respective airport overlay zone, and therefore should also be permitted or not permitted.
C. Accessory Uses. Accessory uses are permitted only when they would be permitted as a standalone use. For example, in a zone that prohibits a daycare but allows an office use, a daycare would not be allowed as an accessory use. Except that an office that is accessory to a use in the low-intensity uses category may be permitted pursuant to subsection (D)(6) of this section.
D. Use Categories.
1. Residential Uses. Residential uses are considered incompatible because in addition to safety concerns they are sensitive to noise impacts. Examples of residential uses include group living, single-family residences, duplexes, apartments, condominiums, manufactured home and mobile home parks. This does not include hotels and motels in which occupancy is arranged for time periods less than one month.
2. High-Intensity Uses. High-intensity uses are uses that have the potential to concentrate a large number of people in a small area. These uses are considered incompatible because of their potential to put a large number of people in harm’s way. Examples of high-intensity uses include religious institutions, theaters, auditoriums, arenas, concert halls, amphitheaters, lodges, meeting halls, fraternal organizations, gymnasiums and exercise facilities, skating rinks, bowling alleys, arcades, batting cages, community centers, universities, museums, public libraries, funeral homes, arenas, outdoor amphitheaters, outdoor spectator sports, racetracks, speedways, amusement parks, splash pads, campgrounds, fairgrounds, zoos, circuses, carnivals, eating and drinking establishments, farmers markets, retail sales and services, malls and shopping centers, hotels, motels, auctions, offices, labor intensive manufacturing, bus and rail passenger terminals, and mass shelters.
3. Vulnerable Occupant Uses. Vulnerable occupant uses are uses in which a majority of occupants are children, elderly, or disabled or other people who have reduced ability or are unable to respond to emergencies or get out of harm’s way. Examples of vulnerable occupant uses include daycare centers, family daycares, schools (grades K-12), hospitals, other health care facilities where anesthesia is used or patients remain overnight, correctional facilities, retirement homes, nursing homes, and convalescent facilities.
4. Critical Community Infrastructure. Critical community infrastructure includes facilities that the damage or destruction of which would cause significant adverse effects to public health and welfare beyond the immediate vicinity of the facility. Examples of critical community infrastructure include police stations, fire stations, emergency communication facilities, power plants, and waste water treatment facilities.
5. Hazardous Uses. Hazardous uses are uses that release discharge into the air such as smoke, steam, or particulates that impair air visibility, uses that have aboveground storage or uses that require the storage of large quantities of hazardous (flammable, explosive, corrosive, or toxic) materials that have the potential to exacerbate an aircraft accident, or uses that attract wildlife hazardous to aircraft. Examples of hazardous uses include aboveground chemical or fuel storage exceeding household quantities, mining, rendering plants, slaughter houses, stock yards, and feed lots.
6. Low-Intensity Uses. Low-intensity uses do not concentrate people or hazardous material into small areas, are not sensitive to loud noise and do not directly or indirectly inhibit aviation operations. Examples of low-intensity uses include agricultural uses (that do not attract wildlife hazardous to aviation operations), kennels, animal clinics, motorcycle, automotive, truck, marine craft, manufactured home and travel trailer sales (except for auctions), commercial parking, quick vehicle service, maintenance and repair shops, towing services, taxicab terminals, wholesale sales, ministorage, warehouses, nonlabor intensive manufacturing, printing and publishing, cemeteries, trails, rail lines, roads, underground utilities. Low-intensity uses may include a small accessory office in which on-site uses are managed. Larger offices in which business involves matters not related to uses on site are considered high-intensity uses even when combined with a use that is in the low-intensity uses category. (Ord. C-960 § 9, 2021)
17.15.080 Airport overlay compatible uses.
A. Permitted Uses (P). Uses permitted in the airport overlay zone are listed in Table 17.15.080-1 with a “P.” These uses are allowed if they comply with these standards and other standards of this chapter and are permitted in the underlying zone. When airport overlay zones overlap the proposed use must be permitted in every overlay zone that applies to the subject property or the use is not permitted.
B. Limited Uses (L). Uses permitted that are subject to limitations are listed in Table 17.15.080-1 with an “L.” These uses are allowed if they comply with the limitations as listed in the footnotes following the table and the development standards and other standards of this chapter and are permitted in the underlying zones. The subsections in AHMC 17.15.090 contain the limitations and correspond with the bracketed [ ] footnote numbers from Table 17.15.080-1.
C. Conditional Uses (CU). Uses that are allowed if approved through the conditional use review process are listed in Table 17.15.080-1 with a “CU.” These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter and are permitted in the underlying zones. Uses listed with a “CU” that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in AHMC 17.03.100, Conditional uses.
D. Uses Not Permitted (N). Uses listed in Table 17.15.080-1 with an “N” are not permitted. Existing uses in categories listed as not permitted are subject to the standards of AHMC 17.03.170, Nonconforming uses.
|
Use Is: P – Permitted N – Not Permitted L – Allowed, but with Special Limitations CU – Conditional Use Review Required |
Spokane International Airport |
Airport Noise Zone (ANZ) |
||||
|---|---|---|---|---|---|---|
|
|
ACZ-1 |
ACZ-2 |
ACZ-3 |
ACZ-4 |
ACZ-5 |
– |
|
Residential Uses |
N |
L[1] |
L[1] |
N |
L[1] |
L[1][6] |
|
High-Intensity Uses |
N |
L[2] |
L[2] |
L[2] |
L[2] |
L[3][6] |
|
Vulnerable Occupant Uses |
N |
N |
N |
N |
L[4] |
N |
|
Critical Community Infrastructure |
N |
N |
L[5] |
L[5] |
P |
L[6] |
|
Hazardous Uses |
N |
L/CU[7] |
L/CU[7] |
N |
L/CU[7] |
L[6] |
|
Low-Intensity Uses |
L[8] |
P |
P |
P |
P |
L[6] |
|
Notes: • The use categories are described in AHMC 17.15.070. • Standards that correspond to the bracketed numbers [ ] are specified in AHMC 17.15.090. • Standards applicable to conditional uses are stated in AHMC 17.03.100. |
||||||
(Ord. C-960 § 10, 2021)
17.15.090 Limited use standards.
Where a maximum density is specified it is the intent of these provisions to prohibit large numbers of people concentrated into a small area and that no portion of a site shall be permitted to be developed into facilities that contain occupancy capacity for more than the number of people specified per acre. Except that in some instances, after consulting with airport personnel, the Planning Services Director may make a determination that a clustering of density will make the proposed use more compatible with airport operations because of the location of flight patterns.
A. Residential Living. This regulation applies to all parts of Table 17.15.080-1 that have a note [1].
1. In the airport noise zones and ACZ-2 and ACZ-3 one single-family home is permitted on each existing lot where the underlying zoning is R-1, R-2 and R-3. Residential uses are not permitted where the underlying zoning is commercial or industrial. More than one residential unit may be permitted in the R-2 and R-3 zones. The density shall not exceed the existing average density on the adjoining properties. The average density of the adjoining properties shall be calculated by dividing the combined number of residential units on all the adjoining properties by the combined acreage of the adjoining properties excluding property dedicated as right-of-way. Subdivisions that result in additional residential lots or zoning changes that allow for further densification are not permitted after the adoption date of this chapter.
2. Residential uses are permitted in ACZ-5 only when the underlying zoning is R-1, R-2 and R-3 except that mobile and manufactured home parks are not permitted. Residential uses are not permitted where the underlying zoning is commercial or industrial.
B. High-Intensity Uses. This regulation applies to all parts of Table 17.15.080-1 that have a note [2].
1. In ACZ-2 religious institutions, funeral homes, libraries, non-aviation-related museums, fraternal organizations, and entertainment oriented uses (amusement park, bowling alley, theater, stadiums, and arenas, etc.) are not permitted. Sales and services oriented uses, eating and drinking establishments, offices, hotels, and motels are allowed when permitted by the underlying zoning at a net density not exceeding 40 persons per acre calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.
2. In ACZ-3 religious institutions, funeral homes, libraries, non-aviation-related museums, fraternal organizations, and entertainment oriented uses (amusement park, bowling alley, theater, stadiums, and arenas, etc.) are not permitted. Sales and services oriented uses, eating and drinking establishments, offices, hotels, and motels are allowed when permitted by the underlying zoning at a net density not exceeding 70 persons per acre calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.
3. In ACZ-4 airport uses and associated activities such as offices, restaurants and eateries serving airport users are the only high-intensity uses permitted when allowed in the underlying zone.
4. In ACZ-5 non-aviation-related museums, horse racing tracks, speedways, stadiums, and arenas are not permitted. All other high-intensity uses are allowed when permitted by the underlying zoning at a net density not exceeding 180 persons per acre calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.
C. High-Intensity Uses. This regulation applies to all parts of Table 17.15.080-1 that have a note [3]. High-intensity uses are allowed when permitted by the underlying zoning except for religious institutions, libraries, and outdoor amphitheaters.
D. Vulnerable Occupants Use. This regulation applies to all parts of Table 17.15.080-1 that have a note [4]. Uses with vulnerable occupants may be allowed when permitted in the underlying zone at a net density not exceeding 180 persons per acre calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way. Except that retirement homes, nursing homes, convalescent facilities, assisted living residences, community care facilities, daycares, preschools, hospitals and schools (grades K-12) are not permitted.
E. Critical Community Infrastructure. This regulation applies to all parts of Table 17.15.080-1 that have a note [5]. Police, fire stations, and ambulance service uses are allowed when permitted in the underlying zone. No other critical community infrastructure is permitted.
F. Sound Insulation Requirements. This regulation applies to all parts of Table 17.15.080-1 that have a note [6]. Structures intended for human occupancy shall be designed to achieve an interior noise level not exceeding 45 decibels.
G. Hazardous Uses. This regulation applies to all parts of Table 17.15.080-1 that have a note [7].
1. Mining may be permitted in ACZ-2 and ACZ-3 with Type II conditional use permit if the Hearing Examiner, after consulting airport, finds that the proposed mining operation will not create a hazard for aviation operations.
2. Hazardous uses may be permitted in ACZ-5 with Type II conditional use permit if the Hearing Examiner, after consulting airport, finds that the proposed use will not create a hazard for aviation operations or significantly exacerbate an aircraft accident.
H. ACZ-1. This regulation applies to all parts of Table 17.15.080-1 that have a note [8]. No aboveground structures or utilities are permitted. Except that on lots existing prior to the adoption of this chapter the minimal structures necessary to allow for reasonable and economically viable use of the property may be permitted when the director determines that the structure(s) would not threaten public health, safety, or welfare on or off the property. The inability of the applicants to derive an economically viable use shall not be the result of actions by the applicant in subdividing the property, adjusting boundary lines or other land use activity thereby creating the undevelopable conditions after the effective date of this chapter. (Ord. C-960 § 11, 2021)
17.15.100 Development standards.
The following standards shall apply to all development within the airport compatibility zones 1 through 5:
A. Stormwater facilities shall be designed in compliance with the Washington State Department of Transportation Aviation Stormwater Design Manual – Best Management Practices.
B. Buildings and structures shall be clustered to either side of the extended runway center line to the greatest extent possible.
C. Utilities lines shall be sited underground to the greatest extent possible in airport compatibility zones 1 through 4. (Ord. C-960 § 12, 2021)