Chapter 19.50
AVIATION ENVIRONS OVERLAY ZONE
Sections:
19.50.020 Application of chapter provisions.
19.50.050 AE overlay zone use restrictions.
19.50.010 Purpose.
(1) The aviation environs (AE) overlay zone is created with the following purposes:
(a) To protect the public health, safety and welfare by regulating development and land use within noise-sensitive areas and accident potential zones;
(b) To ensure compatibility between the Whidbey Island Naval Air Station at Ault Field and surrounding land uses;
(c) To protect the air station from incompatible encroachment.
(2) The AE overlay zone shall serve as an overlay district that applies additional standards and requirements to properties located within an underlying zoning district. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply. (Ord. 1555 § 23, 2009).
19.50.020 Application of chapter provisions.
Within the AE overlay zone, any proposed new or modified use or structure is subject to the use restrictions, construction standards and disclosure requirements provided in this chapter. This chapter applies to all properties in the city located within the AE overlay zone.
(1) Permitted Uses. Land uses within the AE overlay zone shall be consistent with the underlying zoning district in which the proposal is located and with the land use restrictions identified in this chapter. For property only partially within the AE overlay zone, the land use restrictions in this chapter apply only to those portions within the boundaries of the AE overlay zone.
(2) Underlying Zoning District. Where more than one underlying zoning district applies to a particular property in the AE overlay zone, the provisions of this chapter shall apply only to the specific zoning district in which a particular portion of the property is located.
(3) Change of Use. For a proposed change of use to an existing structure, the provisions of this chapter apply to the entire existing structure if the change of use results in an increase in the density of people per acre or if the use of the existing structure is changed to one or more allowed uses requiring noise attenuation.
(4) Nonconforming Uses. Nothing contained in this chapter affects existing structures or the right to continue uses already established before the effective date of these regulations, nor do these regulations preclude any reasonable repairs to or alterations of buildings or properties used for such existing uses, subject to the nonconforming use provisions contained in this title.
(5) For the purposes of this chapter, the provisions herein shall apply to properties annexed into the city that are located inside the AE overlay zone. (Ord. 1555 § 23, 2009).
19.50.030 Definitions.
The following definitions shall apply to this chapter. In addition, the definitions set forth in Chapter 17.30 OHMC concerning attenuation standards for noise, as now in effect or as hereafter adopted, shall also apply to this chapter.
(1) “Accident potential zones (APZs)” means areas delineated as having measurable potential for aircraft accidents based on historical accident and operations data throughout the military.
(2) “Air Installation Compatible Use Zones (AICUZ) Study” means a study prepared by the United States Department of Defense for Ault Field at NAS Whidbey Island that analyzes various airfield planning parameters related to aircraft operations, noise and safety and provides recommendations that can be used to further promote compatible land use surrounding Ault Field.
(3) “Floor area ratio (FAR)” means the ratio between the square feet of gross floor area of the building and the site area. The FAR is customarily used to measure nonresidential land use intensities.
(4) “Maximum floor area ratio (FAR)” means the highest permitted FAR for a given land use. This ratio is calculated by multiplying the average people per car for a given land use by the maximum number of occupied parking spaces per 1,000 square feet of gross leasable area for said land use by 43.56 (square feet per acre divided by 1,000), then dividing the total into the desired maximum density for an acre (people per acre). (Ord. 1555 § 23, 2009).
19.50.040 Subdistricts.
There are hereby established and mapped six subdistricts of the AE overlay zone.
(1) Subdistrict Definitions. The subdistricts of the AE overlay zone, as described below, are based on the 2005 Air Installation Compatible Use Zone (AICUZ) Study for Naval Air Station Whidbey Island’s Ault Field as it relates to mapped accident potential zones and Ldn noise contours.
(a) Accident Potential Subdistrict 1. This subdistrict corresponds to that area of the city inside the AICUZ Accident Potential Zone I.
(b) Accident Potential Subdistrict 2. This subdistrict corresponds to that area of the city inside the AICUZ Accident Potential Zone II.
(c) Accident Potential Subdistrict 3. This subdistrict corresponds to that area of the city within 1,000 feet of either accident potential subdistricts 1 or 2.
(d) Noise Subdistrict A. This subdistrict corresponds to that area of the city located between the AICUZ 60 and 65 Ldn noise contours.
(e) Noise Subdistrict B. This subdistrict corresponds to that area of the city located between the AICUZ 65 and 75 Ldn noise contours.
(f) Noise Subdistrict C. This subdistrict corresponds to that area of the city located within the AICUZ 75 Ldn and higher noise contours.
(2) Subdistrict Boundaries. Boundaries for the AE overlay zone subdistricts defined in subsection (1) of this section are as depicted on the official zoning map for the city. (Ord. 1555 § 23, 2009).
19.50.050 AE overlay zone use restrictions.
This section establishes restrictions within the AE overlay zone subdistricts on those uses that would otherwise be permitted in the underlying zoning districts.
(1) Accident Potential Subdistricts 1, 2 and 3. The restrictions for accident potential subdistricts 1 and 2 are based on AICUZ land use compatibility standards for accident potential zones, and adapted for the specific context of Oak Harbor. The restrictions for accident potential subdistrict 3 are based on consistency with the city’s comprehensive plan to ensure that land uses around accident potential zones conserve the highest degree of public health, safety and welfare.
(a) Maximum Density. The maximum number of persons per acre for a permitted land use within the accident potential subdistricts shall be 25 persons per acre for accident potential subdistrict 1, 30 persons per acre for accident potential subdistrict 2 and 50 persons per acre for accident potential subdistrict 3. To provide a measurement for determining maximum density, a maximum floor area ratio (FAR) has been established for each permitted land use. Total permitted gross floor area for a permitted land use is determined by multiplying the total square footage of land area by the FAR for that land use.
(b) Permitted Uses and FAR Standards. The table that follows establishes permitted and conditionally permitted uses and FAR standards within the accident potential subdistricts. Since these subdistricts overlay only the auto/industrial commercial land use designation, as mapped in the Oak Harbor comprehensive plan, the table considers only those uses permitted in the underlying C-4 highway service commercial zoning district which implements this designation.
|
C-4 Permitted Land Uses |
Accident Potential Subdistrict 1 (25 persons per acre) |
Accident Potential Subdistrict 2 (30 persons per acre) |
Accident Potential Subdistrict 3 (50 persons per acre) |
|---|---|---|---|
|
Automobile and Truck Service Stations |
Yes (maximum FAR 0.14) |
Yes (maximum FAR 0.17) |
Yes (maximum FAR 0.28) |
|
Automobile Sales and Service |
Yes (maximum FAR 0.14) |
Yes (maximum FAR 0.17) |
Yes (maximum FAR 0.28) |
|
Boat Sales and Boat Repair |
Yes (maximum FAR 0.14) |
Yes (maximum FAR 0.17) |
Yes (maximum FAR 0.28) |
|
Car Washes |
Yes (maximum FAR 0.11) |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
|
Coffee Kiosks |
Not permitted |
Limited to 100 square feet |
Limited to 100 square feet |
|
Contractor Offices and Related Storage |
Yes (maximum FAR 0.11) |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
|
Drive-In Banks |
Not permitted |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
|
Equipment Rental |
Not permitted |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
|
Farm and Garden Supplies, Plant Nurseries |
Not permitted |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
|
Furniture Manufacturing |
Yes (maximum FAR 0.28) |
Yes (maximum FAR 0.34) |
Yes (maximum FAR 0.56) |
|
Furniture Sales |
Not permitted |
Yes (maximum FAR 0.17) |
Yes (maximum FAR 0.28) |
|
Mobile and Modular Home Sales |
Yes (maximum FAR 0.14) |
Yes (maximum FAR 0.17) |
Yes (maximum FAR 0.28) |
|
Printing and Publishing |
Yes (maximum FAR 0.28) |
Yes (maximum FAR 0.34) |
Yes (maximum FAR 0.56) |
|
Professional and Scientific Instrument Manufacturing |
Not permitted |
Not permitted |
Not permitted |
|
Real Estate Sales |
Not permitted |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
|
Recreational Vehicle Sales |
Yes (maximum FAR 0.14) |
Yes (maximum FAR 0.17) |
Yes (maximum FAR 0.28) |
|
Restaurants |
Not permitted |
Not permitted |
Not permitted |
|
Self-Storage Facilities |
Yes (maximum FAR 1.0) |
Yes (maximum FAR 1.2) |
Yes (maximum FAR 2.0) |
|
Uses Requiring a Conditional Use Permit |
|||
|
Amateur Radio Tower and Antenna |
Not permitted |
Not permitted |
Not permitted |
|
Government Buildings for Administrative or Protective Services |
Not permitted |
Yes (maximum FAR 0.14) |
Yes (maximum FAR 0.24) |
|
Government Storage Yards, Treatment Plants, Well Sites, Pump Stations |
Yes (restricted) |
Yes |
Yes |
|
Public Transportation Shelter Stations |
Yes (restricted) |
Yes |
Yes |
|
Public Utility and Communications Facility |
Yes (restricted) |
Yes |
Yes |
|
Radio and Television Broadcasting Stations and Towers |
Not permitted |
Not permitted |
Not permitted |
|
Retail or Wholesale Building Supplies, Hardware |
Yes (maximum FAR 0.11) |
Yes (maximum FAR 0.13) |
Yes (maximum FAR 0.22) |
(c) For uses noted as “restricted,” please refer to the AICUZ Study for guidance.
(d) For sites containing more than one permitted use, the most restrictive maximum FAR shall be applied to the entire site.
(e) For sites already developed to the maximum FAR, changes of use are permitted only in cases where the proposed new use has the same or more restrictive maximum FAR than the current use.
(f) For calculating the maximum FAR, the higher of the weekend or weekday parking space occupancy rate shall be used.
(2) Noise Subdistricts A, B and C. New residential or noise-sensitive commercial uses, construction and reconstruction, remodeling, and/or additions to existing buildings in noise subdistricts A, B and C of the AE overlay zone shall be made to comply with Chapter 17.30 OHMC.
(a) Proposed Uses and Structures. The compatibility table contained in Chapter 17.30 OHMC identifies permitted uses and development standards that apply to proposed development within the AE overlay zone. All proposed uses and structures must comply with these standards.
(b) Interior Day-Night Average Noise Level (Ldn). All proposed uses and structures must comply with the noise level reduction (NLR) standards as provided in the compatibility table in Chapter 17.30 OHMC. Compliance with NLR requirements shall be evidenced prior to issuance of an occupancy permit or business license permit. (Ord. 1555 § 23, 2009).
19.50.060 Exemptions.
The provisions of this chapter shall not be deemed applicable to the following when permitted in the underlying district:
(1) Temporary Uses. Temporary uses including, but not limited to, public celebrations and outdoor entertainment events so long as the period of operation does not exceed five days, does not exceed the maximum densities established by the applicable subdistrict and is associated with an existing permanent use;
(2) Temporary Structures. Temporary buildings and structures that are not used for residential purposes and that meet the applicable requirements as contained within this chapter so long as such uses and associated structures are constructed incidental to a permitted use, as per the requirements of this chapter;
(3) Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and associated nonresidential developments;
(4) Accessory Uses and Structures. Accessory uses and structures incidental to a permitted principal structure or use and within the intent, purposes, or objectives of these regulations; structures housing accessory uses must be included in the gross floor area when calculating for consistency with the maximum FAR;
(5) Mobile and Manufactured Homes. Mobile homes and manufactured homes constructed after April 1, 1992, in general complying with the performance standards of this chapter, may be located within existing, expanded or new mobile home parks within the AE noise subdistrict A. Mobile homes and manufactured homes constructed prior to April 1992 shall not be located within AE noise subdistrict A unless the development services director determines that the sound attenuation standards are met or may be met by making modifications to the home. All mobile homes and manufactured homes located within the AE noise subdistrict B shall comply with these regulations. (Ord. 1555 § 23, 2009).