Auburn City Zoning Code
18.38 L-F
Airport Landing Field District, Overlay, and FAR Part 77 Surfaces
Prior legislation: Ords. 5777 § 1, 5026 § 1, 4229 § 2.
18.38.010 Purpose.
The provisions of this chapter apply to lands located within the L-F airport landing field zoning district, airport zoning overlay, and Federal Aviation Administration (FAA) regulation CFR Title 14, Part 77, imaginary surfaces (FAR Part 77 surfaces) and other surfaces. The airport overlay and the FAR Part 77 surfaces and other surfaces are supplemental to the existing zoning districts and may be more restrictive than the underlying zoning designation. The restrictions, performance standards, and requirements of the airport overlay shall be in addition to those of the underlying zone and, where explicitly noted, supersede the underlying zoning. If implementation of this chapter conflicts with other provisions of the city code, state or federal law, the more restrictive requirement applies. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.020 Intent.
The intent of this chapter is to apply the city’s comprehensive plan and to implement certain land use and zoning development standards to reduce or avoid potential for airport-related hazards. It is found that an airport hazard endangers the lives and property of users of the municipal airport and of occupants of land or property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the municipal airport and the public investment therein. Accordingly, it is declared that:
A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the municipal airport;
B. It is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and
C. The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention or the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land.
D. For the purpose of this chapter “structure” means any object constructed or installed by a human being, including, but not limited to, buildings, signs, fences, towers, devices, and overhead transmission lines, and “tree” means any object of natural growth. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.030 L-F airport landing field district uses.
A. Permitted Uses. After the effective date of the ordinance codified in this chapter, all buildings, structures, or parcels of land shall only be used for the following, unless otherwise provided for in this title:
1. Landing, taking off, taxiing, and flying of aircraft;
2. Aviation-related business, manufacturing, service-related uses including businesses incidental to and necessary or convenient for airport operations, including offices, eating establishments, restrooms, hangars, shops for light repairs, gasoline and oil sales and accessory structures; and
3. Other uses as determined by the planning director in consultation with the airport manager as defined in Chapter 12.56 ACC to be related to operation and use of the airport. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.040 L-F airport landing field district zoning development standards.
Table 18.38.040. Development Standards
A | Minimum lot area (square feet) | None |
B | Minimum lot width | None |
C | Minimum lot depth | None |
D | Minimum lot coverage | None |
E | Maximum structure height | |
F | Minimum front setback (feet) | None2 |
G | Minimum interior side setback (feet) | None |
H | Minimum street side setback (feet) | None2 |
I | Minimum rear setback (feet) | None2 |
J | ||
K | ||
L | Parking | See Chapter 18.52 ACC |
M | ||
N | Outdoor lighting |
1Buildings and/or structures necessary for airport operations are exempt from the height requirements of this title when approved by the airport manager.
2Must meet sight distance provisions of the engineering design standards.
3Except as restricted elsewhere by this chapter.
(Ord. 6838 § 1 (Exh. A), 2021.)
18.38.050 Airport overlay intent and boundaries.
The purpose of the airport overlay, as identified on the city of Auburn comprehensive zoning map, is to protect the utility and viability of Auburn Airport by discouraging incompatible land uses and requiring the evaluation and consideration of potential safety impacts when siting certain land uses in proximity to the airport. The airport overlay is supplemental to the established zoning districts and may be more restrictive than the underlying zoning district. The overlay is composed of six zones based on use and proximity to the airport runway. The zones were modeled after the WSDOT Aviation Airport Compatibility Zones 1 through 6, and the airport’s published traffic pattern.
A. Zone 1 – Runway Overlay Zone. Zone 1 is a rectangular area that encompasses the trapezoidal runway protection zone (RPZ) at each end of the runway as shown in the “Auburn Municipal Airport Master Plan,” dated May 2015, as may be amended. The purpose of Zone 1 is to maintain areas that are generally free of obstructions and significant concentrations of people. Zone 1 extends 1,000 feet in length from the ends of the future configuration of Runway 34/16 and is 750 feet in width.
B. Zone 2 – Inner Safety Zone. Zone 2 is a rectangular area that extends beyond Zone 1 along the extension of the runway centerline. Next to Zone 1 it represents the area where the risk of aircraft accidents is the greatest. This zone extends 1,500 feet from Zone 1 and is 750 feet in width.
C. Zone 3 – Inner Turning Zone. Zone 3 is defined by a triangular shaped area that is positioned along each side of Zones 1 and 2. When operating visually, departing aircraft may begin turning over this area to fly toward their destination or to remain in the traffic pattern. Arriving aircraft often overfly this area as well. This zone extends 3,000 feet from the Zone 3 vertex offsets (a point that is on the runway centerline) and inward within a 30-degree sector towards the extended runway centerline.
D. Zone 4 – Outer Safety Zone. Zone 4 is a rectangular area that lies beyond Zone 3 along the extended runway centerline. Aircraft flying straight out or in, overfly this area at low altitude. This zone is particularly significant on runways where airport operations use instrument procedures and at busy airports where elongated traffic patterns are common. This zone extends 2,500 feet beyond Zone 3 and is 500 feet in width.
E. Zone 5 – Sideline Safety Zone. Zone 5 consists of narrow bands along each side of the runway and encompasses the object free area (OFA), as defined by the airport master plan dated 2015, as may be amended. This zone is defined by a 500-foot centerline offset on each side of the runway. Aircraft do not normally fly over the sideline zone. The principal risk is from aircraft that lose directional control while landing or just after takeoff.
F. Zone 6 – Airport Operations Zone. Zone 6 contains the remainder of the airport environment where aircraft fly as they approach and depart the airport. This zone extends 6,500 feet in length from the Zone 3 vertex offsets and 6,000 feet in width from the runway centerline. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.060 Airport overlay restrictions and standards.
A. Zones 1 and 2. The following regulations shall apply within the boundaries of Zones 1 and 2:
1. The following new uses established after the effective date of the ordinance codified in this chapter are prohibited in Zones 1 and 2:
c. Nursing home;
f. Hospitals;
g. Senior housing;
h. Schools, elementary, middle/junior high, and secondary or high school;
i. Daycare center and nursery schools/preschools;
j. Detached single-family dwellings, except caretakers quarters; and
k. Other uses, similar to those above, or activities determined by the planning director in consultation with the airport manager to be incompatible with aviation, aviation safety, or any activity that has the potential to interfere with the airport, airport traffic patterns, and aircraft operations.
2. The following standards apply in Zones 1 and 2:
a. All property owners seeking permit(s) for grading (excluding minor grading permits), building (exceed 50 percent of the value of the building or structure), extension or replacement of public utilities, subdivision, or development activity that triggers public improvements per Chapter 12.64A ACC, shall dedicate an avigation easement to the city of Auburn over the affected portion of their property prior to issuance of said permit(s). The language of the easement shall be provided by the city.
b. No use may create an electrical interference with navigational signals or radio communications at the airport, or with radio or electronic communications between the airport and aircraft, or aircraft to aircraft.
c. No structure or tree shall be placed, erected, or allowed to grow that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare to pilots, impairs visibility in the vicinity thereof, or otherwise endangers the landing, taking off or maneuvering of aircraft.
d. No use or structure shall emit emissions of fly ash, dust, vapor, gases, steam, or other forms of emissions that may conflict with any operations of the airport.
e. No use or activity shall be permitted that would foster an increase in bird population and thereby increase the likelihood of aircraft and bird impact, as determined by the Planning Director in consultation with the airport manager.
f. In order to deter the congregation of wildlife, stormwater facilities must meet or exceed recommendations found in Appendix I-H, Airport Operations of the SWMM, as defined in ACC 12.04.010(B).
B. Zone 3. The following regulations shall apply within the boundary of Zone 3:
1. The new uses contained in subsection (A)(1) of this section are prohibited in Zone 3.
2. The standards of subsections (A)(2)(a) through (A)(2)(d) of this section apply.
C. Zone 4. The following regulations shall apply with the boundary of Zone 4:
1. The standards of subsections (A)(2)(a) through (A)(2)(d) of this section apply.
D. Zone 5. The following regulations shall apply within the boundary of Zone 5:
1. The standards of subsections (A)(2)(a) through (A)(2)(f) of this section apply.
E. Zone 6. The following regulations shall apply within the boundary of Zone 6:
1. The standards of subsections (A)(2)(b) and (A)(2)(c) of this section apply.
2. All property owners within 1,000 feet of properties zoned L-F, landing field district, seeking permit(s) for grading (excluding minor grading permits), building (exceed 50 percent of the value of the building or structure), extension or replacement of public utilities, subdivision, or development activity that triggers public improvements per Chapter 12.64A ACC, shall record aviation disclosure notice with the King County recorder’s office notifying, in writing, to future owners and tenants prior to signing a lease or sale, of the possible effects from aviation activities. The language of the notice shall be provided by the city. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.070 Federal Aviation Regulations (FAR) Part 77 surfaces and other surfaces.
A. In order to carry out the purpose and intent of this chapter, there are created and established certain surfaces, including: all of the land lying within the primary surface, noninstrument approach surface, transition surface, horizontal surface, conical surface, as well as the terminal instrument procedures (TERPS) airspace surfaces. These surfaces, with exception of the TERPS, are shown on the FAR Part 77 drawing, as amended, which is on file in the city clerk’s office. Other surfaces not provided for here, are included in the “Auburn Municipal Airport Layout Plan” dated May 2015, as may be amended. The surfaces defined for the runway summarized below are consistent with the currently adopted airport layout plan (ALP) and FAR Part 77 Airspace Plan drawings for the airport.
1. Primary Surface. The primary surface is centered on top of the runway and extends 200 feet beyond each end. The primary surface is longitudinally centered on the runway with a width of 250 feet and extends 200 feet beyond each end of the runway.
2. Approach Surface. A noninstrument approach surface is established at each end of all noninstrument runways for landings and takeoffs. The inner width of the approach surface is 250 feet at a distance of 200 feet beyond the physical end of the runway, and it expands uniformly to a width of 1,250 feet. This approach surface extends for a horizontal distance of 5,000 feet at a slope of 20:1. The elevation of the inner width of the approach surface is the same as the elevation of the nearest point on the runway centerline.
3. Transitional Surface. The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extends at a slope of 7:1 from a line 125 feet from the runway centerline or runway end and from the sides of the approach surfaces. The elevation of the line 125 feet from the runway centerline or runway centerline extended for 200 feet beyond each runway end is the same as the elevation of the nearest point on the runway centerline.
4. Horizontal Surface. A horizontal surface is established above the airport. This horizontal surface is a plane 150 feet above the established airport elevation, the perimeter of which is constructed by arcs which swing 5,000 feet in a radius from the center of each end of the primary surface of the runway and connecting the adjacent arcs by lines tangent to those arcs.
5. Conical Surface. A conical surface is established which extends outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
6. Terminal Instrument Procedures (TERPS) Surfaces. Airspace surfaces associated with instrument approach and departure of aircraft to and from the airport as determined by the airport manager.
B. Height Limitations – Established. Except as otherwise provided in this chapter, no structure or tree shall be permitted, approved, erected, altered, allowed to grow, or maintained in any surface created in this chapter to have a height in excess of the height limits established below.
1. Approach Surface (Noninstrument). The height limitations for noninstrument approach surfaces begin at a point 200 feet from and at the centerline elevation of the end of the runway and extend for a horizontal distance of 5,000 feet at a slope of 20:1.
2. Transition Surface. The height limitations for transition zones shall be as follows: One foot in height for each seven feet in horizontal distance beginning at any point 125 feet normal to and at the elevation of the centerline of noninstrument runways, extending 200 feet beyond each end thereof, extending to a height of 150 feet above the airport elevation which is 63 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal 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.
3. Horizontal Surface. The height limitation for a horizontal zone shall be as follows: 150 feet above the airport elevation or a height of 213 feet above mean sea level.
4. Conical Surface. The conical surface involves a slope of 20:1 for a horizontal distance of 4,000 feet. The relative difference in elevation between the inner and outer edge of the conical surface is 200 feet. The elevation of the outer edge of the conical surface is 350 feet above the established airport elevation.
C. Height Limitations – Compliance. Where the height of any new structure or tree has the potential to exceed the surfaces established in subsection A of this section, applicants must demonstrate compliance with the height limitation. Each application for a permit shall contain sufficient information to determine whether the resulting structure or tree will conform to the regulations herein prescribed.
1. The planning director in consultation with the airport manager may require one or all of the following documentation to demonstrate compliance with the surfaces established in subsection A of this section:
a. A certificate from a Washington State licensed professional, engineer, or land surveyor, stating that no airspace obstruction will result from the proposed structure or tree being constructed or installed.
b. The maximum elevation of proposed structures based on the established airport elevation.
c. Prepare and submit FAA Form 7460, “Notice of Proposed Construction or Alteration.”
d. Other documentation as determined by the airport manager.
D. Height Limitations – Mitigation and Maintenance. Where the height of any new structure or tree exceeds the surfaces established in subsection A of this section, applicants will be responsible for the following mitigation and ongoing maintenance activities:
1. The airport manager may require the installation of markers and lights or markers as a warning to aircraft. The markers and lights shall meet FAA specifications, be installed, operated, and maintained at the expense of the owner of the structure. A public maintenance easement granting city access to the markers and lights shall be required.
2. Trees shall be maintained such that they do not penetrate the airspace.
3. Exceptions may include the following:
a. Because of natural terrain, land contour, or topographic features, a structure or object would extend above the height limits of each surface.
b. Structures necessary and incidental to airport operations. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.080 Nonconforming structures, trees, and uses.
A. Applicability. This section describes the circumstances in which a structure, tree, or use is considered nonconforming and when nonconforming provisions apply. Any structure or tree that legally existed prior to the regulations as of March 22, 1969, is considered nonconforming. Any use in ACC 18.38.030 that legally existed prior to the effective date of the ordinance codified in this chapter is considered nonconforming. Any use in ACC 18.38.060 that legally existed prior to the effective date of the ordinance codified in this chapter is not considered nonconforming. Nonconforming structures, trees, and uses are generally exempt from this chapter except as may be compelled by state or federal regulations or if it loses its nonconforming status pursuant to the regulations contained in this section.
B. Marking and Lighting. Notwithstanding the provisions of ACC 18.38.070(A), the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as are deemed necessary by the airport manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such aircraft hazards. Such markers and lights shall meet FAA specifications, be installed at city cost, and operated and maintained by the city. A public maintenance easement agreement granting city access shall be required.
C. Alteration. Alteration of nonconforming structures, trees, and uses are subject to the following regulations:
1. Nonconforming structures may be maintained, repaired, restored, added onto, enlarged, or relocated in accordance with the provisions of ACC 18.54.060. A nonconforming structure that is restored or repaired at a valuation exceeding 50 percent of the assessed valuation of such structure as established by the most current county assessor’s tax roll, relocated, enlarged, or added onto must conform to ACC 18.38.070.
2. Nonconforming uses may continue subject to the provisions of Chapter 18.54 ACC.
3. Nonconforming signs shall be subject to the nonconforming provisions of Chapter 18.56 ACC. A nonconforming sign that is enlarged, made taller, relocated, or loses its nonconforming status per ACC 18.56.030(J), must conform to ACC 18.38.070.
4. Alteration of a nonconforming tree, including replacement, replanting and trimming, must conform to ACC 18.38.070.
5. Notwithstanding the provisions of subsections (C)(1) through (C)(4) of this section, no permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation.
D. Abatement. Nonconforming structures and uses shall be abated according to the provisions of ACC 18.54.070. Any tree that is diseased, decayed, dead, or dying must be removed, and if required, replaced with a tree that conforms to ACC 18.38.070. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.090 Variances.
A. Requirements. If the applicant seeks a variance to erect or increase the height of any structure, or permit the growth of any tree, or use their property, not in accordance with the regulations prescribed in this chapter, the variance shall be subject to the criteria contained in ACC 18.70.010 and processed according to the applicable provisions of Chapter 18.70 ACC.
B. Approval Conditions. Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree requesting a variance to install, operate and maintain at their own expense such markers and lights as determined by the airport manager to indicate to aircraft operators the presence of an airport hazard. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.100 Decision appeals – Generally.
Any person aggrieved, or any property owner affected, by any decision of the city made in its administration of this chapter may appeal to the hearing examiner. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.110 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.120 Enforcement.
It shall be the duty of the department of public works and the department of community development to administer and enforce the regulations prescribed in this chapter. (Ord. 6838 § 1 (Exh. A), 2021.)
18.38.130 Violation – Penalty.
Each violation of this chapter or of any regulation, order or ruling promulgated under this chapter constitutes a misdemeanor and is punishable as provided in ACC 1.24.010. Each day a violation continues to exist constitutes a separate offense. (Ord. 6838 § 1 (Exh. A), 2021.)