HomeMy WebLinkAbout4111 OrdinanceORDINANCE NO.141[/
AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE
25 BY REPEALING CHAPTER 25.82 AND CREATING A NEW CHAPTER
25.81 DEALING WITH AIRPORT PROTECTION ZONES AND RELATED
PROVISIONS.
WHEREAS, cities have the responsibility to manage physical development within their
borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the Tri- Cities Airport is located within the City of Pasco; and,
WHEREAS, the updated (2012) Tri- Cities Airport Master Plan identifies airport
improvements necessary to accommodate an increasing population base and travel demands for
the Tri-City region; and,
WHEREAS, the Tri- Cities Airport Master Plan includes a 1,200 foot extension to
runway 12 to the northwest which will impact land use and development to the northwest of the
airport; and,
WHEREAS, State planning and airport laws (RCW 36.70.547 & RCW 14.12.030)
require communities with airports to develop regulations that limit structure heights and control
land uses adjacent to airports; and,
WHEREAS, the Planning Commission held a public meeting on April 25, 2013 and to
consider development regulations for areas surrounding the airport and made a recommendation
that the City Council amend PMC Title 25 by repealing Chapter 25.82 "Airport Zoning" and
replacing the same with a new Chapter 25.81 "Airport Overlay District "; and,
WHEREAS, the City Council has determined that to further the purposes of maintaining
the integrity of the Tri-City Airport, it is necessary to amend PMC Title 25; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.82 entitled "AIRPORT ZONING" of the Pasco Municipal
Code be and the same is hereby repealed in its entirety:
Section 2. That a new Chapter 25.81 entitled "AIRPORT OVERLAY DISTRICT" of the
Pasco Municipal Code be and the same is hereby enacted to read as follows:
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CHAPTER 25.81 AIRPORT OVERLAY DISTRICT
25.81.010
PURPOSE
25.81.020
AIRPORT OVERLAY DISTRICT
25.81.030
AUTHORITY
25.81.040
APPLICABILITY
25.81.050
DEFINITIONS
25.81.060
HEIGHT LIMITATION ZONES
25.81.070
HEIGHT LIMITATIONS
25.81.080
USE RESTRICTIONS
25.81.090
AIRPORT SAFETY COMPATIBILITY ZONES
25.81.100
GENERAL REVIEW PROCEDURES
25.81.110
DISCLOSURE
25.81.010 PURPOSE. The purpose of the Airport Overlay District is to protect the
viability of the Tri- Cities Airport as a significant resource to the community by encouraging
compatible land uses, densities and reducing hazards that may endanger the lives and property of
the public and aviation users.
25.81.020. AIRPORT OVERLAY DISTRICT. There is hereby created an airport
overlay district as identified in the map made a part hereof and labeled Tri- Cities Airport Future
Part 77 Zones Map and the Airport Safety Compatibility Zones map, as established by the
current Tri- Cities Airport Master Plan. All lands lying within the zones therein shown within the
city limits of Pasco are subjected to the building and use restrictions within this chapter. This
chapter shall be used in addition to and in combination with all other district and development
regulations contained in this title. The Airport Authority shall be responsible for providing
updated maps to the City coincident with 10 year updates to the Airport Master Plan. The Airport
Overlay District classification identifies a series of imaginary surfaces and safety zones within
the airport influence area that has historically been prone to hazards associated with aircraft and
airports. This chapter is based on aircraft accident data from the National Transportation Safety
Board (NTSB) and the Federal Aviation Regulations (FAR) Part 77 Imaginary Surfaces and the
"Airports and Compatibility Land Use Guidebook" produced by the Washington State
Department of Transportation Aviation Division. As the name implies, this classification is laid
over the existing City of Pasco zoning districts to ensure that densities and land use requirements
of the underlying zoning districts are consistent with the NTSB standards and provide for
maximum protection to the public, health, safety and general welfare of the community and for
those citizens working and residing within the airport influence area.
25.81.030. AUTHORITY. The legislature of the State of Washington through RCW
14.12 the "Airport Zoning Act" has given authority to local governments to adopt regulations
within its jurisdiction to promote the public health, safety, and general welfare of its citizenry
regarding airport hazards. RCW 36.70.547 requires every county, city, and town in which there
is located an airport to discourage the siting of incompatible uses adjacent to such aviation
airport.
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25.81.040. 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 District and designated on the Tri- Cities Airport Part 77 Surfaces map which
identifies areas of height limitations and the Airport Safety Compatibility Zones (ASCZ) map.
25.81.050. DEFINITIONS. The following terms shall have the meanings indicated,
specific to this chapter only:
AIRPORT AUTHORITY: means the Port of Pasco
AIRPORT: The Tri- Cities Airport operated by the Port of Pasco including all property
designated in the Tri-City Airport Master Plan as part of the airport.
AIRPORT ELEVATION: The highest point of an airport's useable landing area
measured in feet from sea level. The Tri- Cities Airport is four hundred ten feet (410')
above mean sea level.
AIRPORT INFLUENCE AREA: Includes airport property and all land within the
Airport Safety Compatibility Zones I through 6 as described in PMC 25.81.090 and
depicted in the Airport Safety Zones map adopted by PMC 25.81.020.
APPROACH SURFACE: An imaginary surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the primary surface
and at the same slope as the approach zone height limitation slope set forth in Chapter
25.81.060. The perimeter of the approach surface coincides with the perimeter of the
approach zone.
CONICAL SURFACE: An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal
distance of four thousand feet (4,000').
DEED NOTICE: A formal statement provided in 25.8 1.110 as a note on the face of a
short plat, major subdivision or binding site plan or recorded against the property
notifying potential property owners that the property is located adjacent to an active
airport and said property may be impacted by aircraft noise, odors, vibration, and low
flying aircraft.
FAA FORM 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION:
A form which the Federal Aviation Administration requires to be completed by anyone
who is proposing to construct or alter an object that could affect airspace within the
airport influence-area and allows the FAA to conduct an airspace analysis to determine
whether the object will adversely affect airspace or navigational aids.
FAR PART 77 SURFACES: The Part of 49 CFR of the Federal Aviation Regulations
that deals with objects affecting navigable airspace.
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FAR PART 77 ZONES: Imaginary airspace surfaces established with relation to each
runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3)
transitional; (4) horizontal; and (5) conical.
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HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial
adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT: For the purpose of determining the height limits in all zones and as shown on
the Tri- Cities Airport Future Part 77 Zones map, this datum shall be height above mean
sea level elevation unless otherwise specified.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the
established airport elevation, the perimeter of which plane coincides with the inner
perimeter of the conical surface. This is five hundred sixty feet (560') above mean sea
level for the Tri- Cities Airport.
INFILL: Development on scattered vacant parcels of land which have remained vacant
after the majority of development has occurred in an area.
M
OBSTRUCTION: Any object of natural growth, terrain, of permanent or temporary
construction or alteration, including equipment or materials used therein which exceeds a
limiting height set forth in Section 25.81.070.
OBJECT OF NATURAL GROWTH: Means a tree, shrub or similar organic or
vegetative matter.
PRECISION APPROACH: A landing approach made without visual reference to the
ground by the use of aircraft instruments and ground -based electronic or communications
systems or devices. An aircraft making such an approach should be flying in accordance
with an IFR (instrument flight rules) flight plan.
PRIMARY SURFACE: A surface longitudinally centered on a runway with a width of
one thousand feet (1,000') for instrument approaches and five- hundred feet (500') for
visual approaches. When the runway has a specially prepared hard surface, the primary
surface extends two hundred feet beyond each end of the runway. The elevation of any
point on the primary surface is the same as the elevation of the nearest point on the
runway centerline. The elevation of the Primary Surface at the Tri- Cities airport is four
hundred ten feet (410') above mean sea level.
RUNWAY: A defined area on an airport prepared for landing and take -off of aircraft
along its length.
TRANSITIONAL SURFACES: These imaginary surfaces extend outward at ninety -
degree angles to the runway centerline, and runway centerline extended, at a slope of
seven feet (7') horizontally for each foot vertically (7:1) from the sides of the primary
and approach surfaces to where they intersect with the horizontal and conical surfaces.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual
approach procedures, with no straight -in instrument approach procedure and no
instrument designation indicated on an FAA - approved airport layout plan.
25.81.060 HEIGHT LIMITATION ZONES. The height limitation zones are hereby
established, consistent with the FAR Part 77 Surfaces — Objects Affecting Navigable Airspace,
and are described below.
(1) PRECISION INSTRUMENT APPROACH ZONE. Includes Runways 3L, 21R, 30.
A precision instrument approach zone is established at each end of a precision instrument
runway for instrument landings and takeoffs. The precision instrument approach zones shall
have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each
end of the runway, coinciding with the Primary Surface, widening thereafter uniformly to a
width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet
(50,200') beyond each end of the runway, its centerline being the continuation of the centerline
of the runway.
(2) NON - PRECISION INSTRUMENT APPROACH ZONE. Includes Runway 12. A
Non - Precision instrument approach zone is established at each end of a Non - Precision
instrument runway for improved landings and takeoffs. The non - precision instrument approach
zones shall have a width of five hundred feet (500') at a distance of two hundred feet (200')
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beyond each end of the runway, thereafter widening uniformly to a width of three thousand five
hundred feet (3,500') at a distance of ten thousand two - hundred feet (10,200') beyond each end
of the runway, it's centerline being the continuation of the centerline of the runway.
(3) VISUAL APPROACH ZONE. Includes Runways 3R and 21L. A visual approach
zone is established at each end of all visual runways for landings and takeoffs. The visual
approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet
(200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand
five hundred (1,500) feet at a distance of five thousand two hundred feet (5,200') beyond each
end of the runway, its centerline being the continuation of the centerline of the runway.
(4) TRANSITION ZONES. Transition zones are hereby established adjacent to each
instrument and non - instrument runway and approach zone as indicated on the Tri- Cities Airport
Future Part 77 Zones map. Transition zones symmetrically located on either side of runways
have variable widths as shown on the map. Transition zones extend outward from a line two
hundred fifty feet (250') on either side of the centerline of the non - instrument runway, for the
length of such runway plus two hundred feet (200') on each end; and five hundred feet (500') on
either side of the centerline of the instrument runway, for the length of such runway plus two
hundred feet (200') on each end, beginning at and are parallel and level with such runway
centerlines. The transition zones along such runways slope upward and outward one foot
vertically for each seven feet horizontally to the point where they intersect the surface of the
horizontal zone. Further, transition zones are established adjacent to both instrument and non -
instrument approach zones for the entire length of the approach zones. These transition zones
have variable widths, as shown on the Tri- Cities Airport Future Part 77 Zones map. Such
transition zones flare symmetrically with either side of the runway approach zones from the base
of such zones and slope upward and outward at the rate of one foot vertically for each seven feet
horizontally to the points where they intersect the horizontal and conical surfaces. Additionally,
transition zones are established adjacent to the instrument approach zone where it projects
through and beyond the limits of the conical zone, extending a distance of five thousand feet
measured horizontally from the edge of the instrument approach zones at right angles to the
continuation of the centerline of the runway.
(5) HORIZONTAL ZONE. A horizontal zone is hereby established as the area within a
horizontal plane one hundred fifty feet (150') above the established airport elevation or at a
height of five hundred sixty feet (560') above mean sea level, the perimeter of which is
constructed by swinging arcs of ten thousand feet radii from the center of each end of the
primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent
to those arcs. The horizontal zone does not include the instrument and non - instrument approach
zones and the transition zones.
(6) CONICAL ZONE. A conical zone is hereby established as the area that commences
at the periphery of the horizontal zone and extends outward therefrom a distance of four
thousand feet. The conical zone does not include the instrument approach zones and transition
zones.
25.81.070 HEIGHT LIMITATIONS. No building, pipe, chimney, tower, steeple, stand,
platform, pole, wire or structure or erection or object of natural growth, or obstruction of any
kind or nature whatsoever, shall be built, placed, hung, or permitted to grow or allowed to be
built, placed or hung which shall at any point or part thereof exceed the heights as provided in
the zones established herein. Where an area is covered by more than one height limitation, the
more restrictive limitations shall prevail. The restrictions shall apply to the area surrounding all
runways and approaches situated thereon. The owner of any existing nonconforming building,
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structure, or object of natural growth shall be required to permit the installation, operation, and
maintenance thereon of any markers and lights as deemed necessary by the airport authority or
the FAA to indicate to operators of aircraft in the vicinity of the airport the presence of such
airport obstruction. Such height limitations are hereby established for each zone as follows:
(1) Precision Instrument Approach Zone. Beginning at the end of and at the same
elevations as the Primary Surface, slopes one foot in height for each fifty feet (50:1) in horizontal
distance and extending to a distance of ten thousand two hundred feet (10,200') from the end of
the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty
thousand two hundred feet (50,200') from the end of the runway;
(2) Non - Precision Instrument Approach Zone. Beginning at the end of and at the
same elevations as the Primary Surface, slopes one foot in height for each thirty -four feet (34:1)
in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200')
from the end of the runway;
(3) Visual Approach Zones. Beginning at the end of and at the same elevation as the
Primary Surface, slopes one foot in height for each twenty feet (20:1) in horizontal distance and
extending to a point ten thousand two hundred feet (10,200') from the end of the runway;
(4) Transition Zones. Slopes outward one foot in height for each seven feet (7:1) in
horizontal distance beginning at the Primary Surface, extend to a height of one hundred fifty feet
(150') above the airport elevation which is four hundred ten feet (410') above mean sea level. In
addition to the foregoing, there are established height limits of one foot vertical height for each
seven feet horizontal (7:1) distance measured from the edges of all approach zones for the entire
length of the approach zones and extending upward and outward to the points where they
intersect the horizontal or conical surfaces. Further, where the instrument approach zone
projects through and beyond the conical zone, a height limit of one foot for each seven feet of
horizontal distance shall be maintained beginning at the edge of the instrument approach zone
and extending a distance of five thousand feet (5,000') from the edge of the instrument approach
zone measured normal to the centerline of the runway extended;
(5) Horizontal Zone. One hundred fifty feet (150') above the airport elevation or a
height of five hundred sixty feet (560') above mean sea level;
(6) Conical Zone. Slopes outward one foot in height for each twenty feet (20:1) of
horizontal distance beginning at the periphery of the horizontal zone, extend four thousand feet
(4,000') to a height of three hundred fifty feet (350') above the airport elevation or a height of
seven hundred sixty feet above mean sea level (760').
25.81.080 USE RESTRICTIONS.
(1) General Requirements: Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter in such a manner as to
create electrical interference with navigational signals or radio communication between the
airport and aircraft, make it difficult for operators of aircraft to distinguish between airport lights
and others, result in glare in the eyes of operators of aircraft using the airport, impair visibility in
the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or
interfere with the landing, taking off, or maneuvering of aircraft.
(2) Lighting: No new or expanded industrial, commercial, recreational or residential use
shall project lighting directly onto an existing runway, taxiway, or approach/departure surface
except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to
reflect light away from the airport and shall not imitate airport lighting.
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(3) Communications Facilities: Approval of cellular and other communications or
transmission towers located within any zone described within section 25.81.060 shall be
conditioned to require their removal within 90 days of discontinuance of use.
25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES. Zones described below are
shown in the Airport Safety Compatibility Zones (ASCZ) map with the prohibited land uses
listed below in order to promote the general safety and welfare of properties surrounding the
airport and the continued viability of the airport.
Zone 1 — Runway Protection Zone (RPZ): only airport uses and activities are allowed
within the RPZ.
Zone 2 — Inner Approach /Departure Zone: Prohibited land uses within this zone are:
residences except residential infill development is permitted south of I -182, places of public
assembly such as churches, schools (K -12), colleges, hospitals; high density office, retail or
service buildings; shopping centers and other uses with similar concentrations of persons.
Production of asphalt paving and roofing materials or rock crushing are also prohibited. Fuel
storage facilities or the storage or use of significant amounts of materials which are explosive,
flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall not be located
within the Inner Approach /Departure Zone. Hazardous wildlife attractants including waste
disposal operations, water management and storm water facilities with above - ground water
storage, and man -made wetlands shall not be allowed within the Inner Approach/Departure
Zone. All new infill residential development must include the disclosure statement in Chapter
25.8 1.110 on plats, short plats and binding site plans.
Zone 3 — Inner Turning Zone: Prohibited land uses within this zone are schools (K -12)
and hospitals. New residential development is prohibited unless it is infill residential
development. All new infill residential development must include the disclosure statement in
Chapter 25.8 1.110 on plats short plats and binding site plans.
Zone 4 — Outer Approach /Departure Zone: Prohibited land uses within this zone are:
places of public assembly such as churches except existing churches shall be permitted to
expand, schools (K -12), hospitals, shopping centers and other uses with similar concentrations of
persons. Residential density is limited to RS -20 except south of I -182. All new residential
development must include the disclosure statement in Chapter 25.8 1.110 on plats, short plat and
binding site plans.
Zone 5 — Sideline Zone: Prohibited land uses within this zone are residences, except
residences that are constructed to replace existing residences, of like size and type, damaged by
fire and other causes, places of public assembly such as churches, schools, hospitals, shopping
centers and other uses with similar concentrations of persons. Mining, including sand and gravel
pits are prohibited in the Sideline Zone.
Zone 6 — Traffic Pattern Zone: Prohibited land uses within this zone are new schools (K-
12), hospitals and other uses with similar concentrations of persons. Replacement or expansion
of existing schools is permitted. All new residential developments must include the disclosure
statement in Chapter 25.81.110 on plats, short plats and binding site plans.
Use Interpretations — Appendix F of the January 2011 WSDOT Airport and Compatible
Land Use Guidebook as amended may be used as a guide to determine uses with similar
concentrations of persons as referenced in Compatibility Zones.
25.81.110: GENERAL REVIEW PROCEDURES. No use, building, structure, or
development activity shall be permitted, established, altered or relocated by any person except as
otherwise authorized by this chapter. All permit applications within the Airport Overlay District
shall, in addition to being reviewed through the standard development review process, be subject
to the following:
A. All developments, permits or plats with proposed buildings and /or structures found to
be within twenty feet (20') of any of the height limitation zone described in 25.81.070
and /or all buildings and structures over two hundred feet (200') in height must submit
a site plan, building elevations and an FAA Form 7460 -1 to the Port of Pasco
Administrative Office for Port and FAA review and approval. Upon review, further
documentation shall be required, if more accurate data is necessary for a
determination of impact including detailed surveys by a licensed land surveyor.
B. All developments, permits or plats falling within the ASCZs described in 25.81.090
associated with special use permits, variances or existing non - conforming uses must
also submit a site plan to the Port of Pasco Administrative Office for Port review.
C. All applications for Comprehensive Plan amendments and rezones falling within the
ASCZs described in 25.81.090 shall be forwarded to the Port of Pasco Administrative
Office for Port review prior to any required public hearing.
25.81.120 DISCLOSURE. To all extents possible, property owners and potential
property buyers should be made aware of the following disclosure. The disclosure statement
shall be listed on all approved subdivision plats, short plats and binding site plans within any of
the identified zones in section 25.81.060 or 25.81.090.
"Property within this (plat/short plat or binding site plan) may be subject to varying noise levels
and vibrations due to proximity to the Tri- Cities Airport. Properties near the airport may be
located within height and use restriction zones as described and illustrated by Federal standards
and regulations and the City of Pasco Zoning Regulations. There is the potential that standard
flight patterns will result in aircraft passing over the properties at low altitudes and during all
hours of the day. Future airport expansion including runway extensions may impact the size and
number of aircraft utilizing the airport. Developments near the airport should assume that at any
given time there will be some impact from air traffic."
Section 3. This ordinance shall be in full force and effect on the 1 st day of August 2013.
PASSED by the City Council of the City of Pasco, at its regular meeting of July 15,
2013.
Matt Watkins
Mayor
TE
e ri di K
City Clerk
APP D AS TO FORM:
Leland B. Kerr
City Attorney
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