Bethel City Zoning Code
18.48 Supplemental
Regulations
18.48.030 Zero lot line development.
A. The purpose of this section is to allow more flexibility in site design and to provide for increased open or yard space.
B. The planning commission may approve a residential zero lot line development following the conditional use procedures pursuant to Chapter 18.60 BMC. Except as provided in subsection C of this section, the development requirements shall be in conformance with all other requirements of the district. The required yard on the side of the lot opposite the property line on which the party wall rests shall be increased by the amount of yard otherwise required adjacent to the party wall property line. A site plan permit is required prior to construction of a structure exempted from a yard requirement under this section.
C. Single-family, duplex and triplex residential structures may be exempted from a side or the rear yard requirements by the planning commission if:
1. The party wall of the separate residential units rests on the lot line;
2. A signed party wall agreement is submitted to the planning commission and approved by the commission; and
3. The planning commission determines that the yard adjacent to the party wall lot line is not necessary for drainage, access, circulation, parking or for use as a buffer area from adjacent uses. [Ord. 01-05 § 8.]
18.48.150 Purpose of off-street parking, loading and driveway requirements.
The purpose of off-street parking, loading and driveway requirements is to establish and maintain areas for efficient and convenient driveway access and parking for residential, civic, commercial and industrial uses, and to provide a safe means for discharging people and products from ground transportation. BMC 18.48.150 through 18.48.210 may be referred to as the off-street parking and loading code. [Ord. 01-05 § 8.]
18.48.160 Off-street parking requirements.
A. No parking area provided for the purpose of complying with the provisions of this code shall be eliminated, reduced, or converted to another use unless equivalent facilities are provided in conformance with this chapter and approved by the planning department on a site plan permit. New structures or uses on a lot must provide parking space as required by this chapter. Additions or expansions to any structure or a change in use on a property shall be accompanied by parking facilities to replace parking lost or to achieve conformance with this chapter.
B. Space computations for any parking requirements that result in fractional requirements shall be increased to the next higher whole number.
C. Parking requirements for types of structures or uses not specifically listed in this section shall be determined by the land use administrator based on comparable uses listed in this chapter or on standards recommended by a professional planning or engineering organization.
D. Off-street parking space shall be provided as set out in this subsection:
1. | Single-family and duplex | 2 spaces per dwelling unit |
2. | Multifamily, including triplex | 1.5 spaces per dwelling unit |
3. | Religious assembly | 1 space per 4 seats or 8 feet of bench in the main assembly |
4. | Library, cultural exhibits | 1 space per 400 square feet gross floor area |
5. | Primary and secondary schools | 1 space per classroom plus 1 space per administrative employee, and 1 space per 6 students design capacity or 1 space per 4 seats/8 feet of bench in the main auditorium, whichever is greater |
6. | College/trade school | 1 space per 1 faculty FTE plus 1 space per 5 student FTE design capacity |
7. | Stadium/fairground | 1 space per 4 seats or 1 space per 8 feet of bench, whichever is greater |
8. | Other public assembly, recreation, or entertainment | 1 space per 4 seats or 1 space per 8 feet of bench, or 1 space per 100 square feet of gross floor area, whichever is greater |
9. | Hospital | 1 space per two beds |
10. | Professional/ administrative offices | 1 space per employee plus 1 space per 400 square feet gross floor area |
11. | Medical offices and clinics | 1 space per employee plus 1 space per 200 square feet gross floor area |
12. | Retail sales and service | 1 space per 300 square feet gross floor area |
13. | Retail sales and service of large items such as furniture and appliances | 1 space per 750 square feet gross floor area |
14. | Personal service | 1 space per 300 square feet gross floor area |
15. | Shopping center/department store | 5 spaces per 1,000 square feet gross floor area, except restaurant space shall be provided as set out in subsection (D)(16) of this section |
16. | Restaurant | 1 space per 100 square feet gross floor area |
17. | Motel, hotel, bed and breakfast, boarding and lodging facilities | 1 space per guestroom |
18. | Warehouse, wholesale, distribution, manufacturing | 1 space per employee plus 1 space per commercial vehicle plus 1 space per 700 square feet of patron service area |
19. | Heavy industrial | 1 space per each 1.5 employees |
[Ord. 01-05 § 8.]
18.48.170 Parking area location.
A. Required parking facilities for long-term residential uses shall be located on the same lot as the use the parking facilities are intended to serve.
B. Required parking facilities shall be located on the same lot as the use such parking facilities are intended to serve or, except for uses other than long-term residential use on a lot under the same ownership if such parking is located adjoining or in close proximity to the actual use or uses served, and there is a safe, convenient pedestrian connection between the lots.
C. Except for long-term residential uses, required parking facilities of two (2) or more uses, structures or contiguous lots or parcels may be satisfied by the same parking facilities used jointly if the parking facility meets the total requirement for all uses and situations; provided, an overlap of up to twenty (20) percent of the highest overlapping single user’s requirement may be permitted if, but only for so long as, the hours of operation of the overlapping users do not overlap and the right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use which remains effective for so long as the users’ requirements must be met by overlapping use. [Ord. 01-05 § 8.]
18.48.180 Off-street parking design standards.
A. All off-street parking spaces shall be no less than nine (9) feet by twenty (20) feet in size, except that all parallel parking spaces shall be no less than nine (9) feet by twenty-two (22) feet in size.
B. The aisle width between parking spaces shall be no less than:
1. Sixteen (16) feet between rows of parking spaces angled thirty (30) degrees or less;
2. Eighteen (18) feet between rows of parking spaces angled at greater than thirty (30) degrees but not greater than sixty (60) degrees;
3. Twenty-five (25) feet between rows of parking spaces angled at greater than sixty (60) degrees;
4. Twelve (12) feet for one-way aisles and twenty-four (24) feet for two-way aisles between parallel parking spaces.
C. Each parking space shall have access to a circulation isle which shall access a street or alley.
D. Maneuvering and access aisle area shall be sufficient to permit vehicles to enter the space in a forward motion except that residential and employee parkers may back in from alleys.
E. Parking lots with four (4) or more stalls shall have an improved surface approved by the city engineer; provided, the overall finished grade of a parking lot shall not exceed a five (5) percent slope.
F. The lot shall be graded so that it will drain as required by the city engineer.
G. All boundaries of the lot directly abutting public or private property shall have a landscaped setback of at least eight (8) feet or shall have a suitable barrier to prevent vehicle encroachment beyond the property line.
H. Neither the landscaped setback required in subsection G of this section nor any landscaping or sign shall block the visibility of drivers exiting across a public sidewalk or entering a public street. If located closer than eight (8) feet to the nearest sidewalk or twenty (20) feet from the nearest improved edge of the street, any closed fence, wall, ground-mounted sign, bush, or hedge line shall not exceed twenty-four (24) inches in height along any side having a driveway exit across a sidewalk or to a street.
I. Parking facilities available for night use by employees or patrons shall be lighted during the night hours of use.
J. Covered parking spaces shall have a vertical clearance of a least seven (7) feet six (6) inches above the parking lot surface for all uses except residential. [Ord. 01-05 § 8.]
18.48.190 Disabled parking standards.
A. Parking lots which contain six (6) to twenty-five (25) required spaces shall provide one (1) space for restricted use of disabled persons. Parking lots that contain twenty-six (26) to fifty (50) required spaces shall contain two (2) spaces for restricted use of disabled persons. Parking lots which contain more than fifty (50) required spaces shall contain one (1) additional space for restricted use of disabled persons for each additional one hundred (100) parking spaces or fraction thereof that are required.
B. Parking spaces required by this section shall be approximately nine (9) feet wide and shall have an adjacent aisle that is six (6) feet wide. Two (2) adjacent parking spaces that meet the requirement of this section may share an aisle.
C. A sign shall be posted for each disabled person parking space. The sign shall be clearly visible, and be marked with the international symbol of disability access.
D. All other design considerations must comply with the Americans with Disabilities Act. However, a peace officer may enforce disabled parking within the city, even if the sign marking the spot in question does not comply with all design considerations of the Americans with Disabilities Act. Such enforcement shall not be construed as the city’s permission of a sign that does not comply with the design considerations required by the Americans with Disabilities Act. [Ord. 21-42 § 2, 2021; Ord. 01-05 § 8.]
18.48.200 Driveway standards.
A. Driveways serving residential uses on lots served by piped sewer and water shall have a minimum width of not less than nine (9) feet when serving four (4) or fewer dwelling units and a driveway width of not less than sixteen (16) feet when serving five (5) or more dwelling units or in lieu thereof, two (2) separate driveways not less than nine (9) feet in width.
B. Driveways serving other than residential uses on lots served by piped sewer and water shall have a minimum width of fifteen (15) feet to accommodate one-way traffic and a minimum width of twenty-five (25) feet to accommodate two-way traffic.
C. Driveways serving any use on a lot that is not served by both piped water and piped sewer shall have a minimum width of not less than twenty-five (25) feet unless the land use administrator determines that practical considerations such as lot frontage, proximity to a street intersection, lot size, lot topography, drainage patterns, the location of preexisting structures or the proposed principal structure and other considerations require a lesser width be provided. Before authorizing a lesser width, the land use administrator shall obtain and consider the recommendations of the director of public works.
D. Parking areas for two (2) or more vehicles shall be designed to prevent or discourage cars from backing out into a public street, public or private pedestrian walk, or public alley, in order to leave the area or to maneuver out of the parking space. Parking lots shall be designed and improved so as to prevent ingress and egress at any point other than designated entrance or exit drives.
E. Access driveways to parking areas containing four (4) or more spaces shall be located and designed as follows:
1. Parking area entrance and exit driveways shall be located a minimum of fifty (50) feet from the nearest street intersection, as measured from the centerline of the driveway to the nearest line of the nearest travel lane of the intersecting street.
2. Driveways crossing the street property line of a single lot shall be limited to one (1) entrance and one (1) exit driveway along the frontage of a single street. The centerline of the driveways on the same lot shall be separated by a minimum of thirty (30) feet.
3. A combined entrance and exit driveway shall be perpendicular to the street centerline for a distance of twenty-five (25) feet from the street property line.
F. Driveways that cross drainageways are subject to the requirements of BMC 15.12.040(B)(3) and 15.12.050(A)(11). [Ord. 01-05 § 8.]
18.48.210 Loading standards.
A. Structures that are constructed, altered or used which receive or distribute materials or merchandise by truck shall provide off-street loading berths as follows:
Gross Floor Area of Structure in Square Feet | Number of Required Berths |
|---|---|
1 – 4,999 | 0 |
5,000 – 19,999 | 1 |
20,000 – 50,000 | 2 |
Greater than 50,000 | Two plus one for each additional 50,000 square feet |
B. A loading berth shall contain a space not less than ten (10) feet wide and fifty (50) feet long, and have an overhead clearance of not less than fourteen (14) feet. In no case shall a loading berth be designed such that any truck using the berth would interfere with a public street or occupy any area designated to meet off-street parking requirements. [Ord. 01-05 § 8.]
18.48.250 Air navigation hazards – Purpose.
BMC 18.48.250 through 18.48.270 may be referred to as the air navigation hazards regulations or the airport height restrictions. It is the purpose of these sections to promote the safety of aircraft using public airports for landing and departures by providing a mechanism whereby the city’s regulation of land use within the vicinity of a public airport may complement the height restrictions established by the Federal Aviation Administration. [Ord. 01-05 § 8.]
18.48.260 Height restrictions.
A. No structure may exceed the lower of the height or elevation limits provided in other parts of this code or the height or elevation limits as determined from the applicable airport height map that meets the requirements of BMC 18.48.270.
B. A development proposed for a site within the boundaries of any approach surface or approach zone shown on an approved airport height map may not be approved if any structure in the proposed development exceeds the height or elevation restriction shown on the airport height map for that location; provided, if the Federal Aviation Administration or the airport operator provides a certification or other statement that the proposed development does not exceed the federal height limitations applicable to that location or provides a waiver, variance or other form of a permit authorizing the intrusion of the structure into the prohibited air space, the structure may be approved with respect to the limitations on height or elevation set out in this article. [Ord. 01-05 § 8.]
18.48.270 Airport height map.
A. The owner or manager of a public airport may prepare for filing with the planning department and approval of the land use administrator a proposed airport height map. A proposed airport height map becomes an approved airport height map upon the written approval of the map as meeting the requirements of this section by the land use administrator set out upon or appended to the map.
B. The map shall be prepared in a manner that shows the airspace zones as defined and set forth in Federal Aviation Regulations, Part 77, subpart C, that are applicable to the airport. The map may consist of more than one (1) sheet, shall be to scale and shall accurately show the following:
1. The exterior boundaries of the applicable air space zones;
2. The name or other identification of each of the airspace zones;
3. A legend that provides a description of the location of each zone or surface, including a reference to the paragraph in the Federal Aviation Regulations that describes the zone or surface;
4. The reference points within or outside the airport from which distance, elevation, height, bearing, vertical angle or other measurements are made in describing the airspace zones or surfaces;
5. Existing topography, if available;
6. Existing subdivisions, streets, roads and other rights of way, U.S. Surveys, section lines and similar features of land that will be useful in determining the location of a proposed development with respect to the boundaries of any airspace zone.
C. The map required by subsection A of this section shall accurately show the airspace zones. Airspace zones that have a sloping surface shall be shown in ten- (10-) foot increments unless the land use administrator requires more frequent contour lines close to the airport or permits larger increments in areas farther from the airport. Separate maps may be submitted for the different airspace zones. Before submission to the land use administrator for final approval, the map must have been certified by the Federal Aviation Administration as accurately depicting the requirements of the relevant Federal Aviation Regulations, Part 77, subpart C. Upon reasonable intervals, and upon learning of a change in the airport or applicable regulations, the land use administrator may request Federal Aviation Administration review and recertification of the airport height map. [Ord. 01-05 § 8.]
18.48.030 Zero lot line development.
A. The purpose of this section is to allow more flexibility in site design and to provide for increased open or yard space.
B. The planning commission may approve a residential zero lot line development following the conditional use procedures pursuant to Chapter 18.60 BMC. Except as provided in subsection C of this section, the development requirements shall be in conformance with all other requirements of the district. The required yard on the side of the lot opposite the property line on which the party wall rests shall be increased by the amount of yard otherwise required adjacent to the party wall property line. A site plan permit is required prior to construction of a structure exempted from a yard requirement under this section.
C. Single-family, duplex and triplex residential structures may be exempted from a side or the rear yard requirements by the planning commission if:
1. The party wall of the separate residential units rests on the lot line;
2. A signed party wall agreement is submitted to the planning commission and approved by the commission; and
3. The planning commission determines that the yard adjacent to the party wall lot line is not necessary for drainage, access, circulation, parking or for use as a buffer area from adjacent uses. [Ord. 01-05 § 8.]
18.48.150 Purpose of off-street parking, loading and driveway requirements.
The purpose of off-street parking, loading and driveway requirements is to establish and maintain areas for efficient and convenient driveway access and parking for residential, civic, commercial and industrial uses, and to provide a safe means for discharging people and products from ground transportation. BMC 18.48.150 through 18.48.210 may be referred to as the off-street parking and loading code. [Ord. 01-05 § 8.]
18.48.160 Off-street parking requirements.
A. No parking area provided for the purpose of complying with the provisions of this code shall be eliminated, reduced, or converted to another use unless equivalent facilities are provided in conformance with this chapter and approved by the planning department on a site plan permit. New structures or uses on a lot must provide parking space as required by this chapter. Additions or expansions to any structure or a change in use on a property shall be accompanied by parking facilities to replace parking lost or to achieve conformance with this chapter.
B. Space computations for any parking requirements that result in fractional requirements shall be increased to the next higher whole number.
C. Parking requirements for types of structures or uses not specifically listed in this section shall be determined by the land use administrator based on comparable uses listed in this chapter or on standards recommended by a professional planning or engineering organization.
D. Off-street parking space shall be provided as set out in this subsection:
1. | Single-family and duplex | 2 spaces per dwelling unit |
2. | Multifamily, including triplex | 1.5 spaces per dwelling unit |
3. | Religious assembly | 1 space per 4 seats or 8 feet of bench in the main assembly |
4. | Library, cultural exhibits | 1 space per 400 square feet gross floor area |
5. | Primary and secondary schools | 1 space per classroom plus 1 space per administrative employee, and 1 space per 6 students design capacity or 1 space per 4 seats/8 feet of bench in the main auditorium, whichever is greater |
6. | College/trade school | 1 space per 1 faculty FTE plus 1 space per 5 student FTE design capacity |
7. | Stadium/fairground | 1 space per 4 seats or 1 space per 8 feet of bench, whichever is greater |
8. | Other public assembly, recreation, or entertainment | 1 space per 4 seats or 1 space per 8 feet of bench, or 1 space per 100 square feet of gross floor area, whichever is greater |
9. | Hospital | 1 space per two beds |
10. | Professional/ administrative offices | 1 space per employee plus 1 space per 400 square feet gross floor area |
11. | Medical offices and clinics | 1 space per employee plus 1 space per 200 square feet gross floor area |
12. | Retail sales and service | 1 space per 300 square feet gross floor area |
13. | Retail sales and service of large items such as furniture and appliances | 1 space per 750 square feet gross floor area |
14. | Personal service | 1 space per 300 square feet gross floor area |
15. | Shopping center/department store | 5 spaces per 1,000 square feet gross floor area, except restaurant space shall be provided as set out in subsection (D)(16) of this section |
16. | Restaurant | 1 space per 100 square feet gross floor area |
17. | Motel, hotel, bed and breakfast, boarding and lodging facilities | 1 space per guestroom |
18. | Warehouse, wholesale, distribution, manufacturing | 1 space per employee plus 1 space per commercial vehicle plus 1 space per 700 square feet of patron service area |
19. | Heavy industrial | 1 space per each 1.5 employees |
[Ord. 01-05 § 8.]
18.48.170 Parking area location.
A. Required parking facilities for long-term residential uses shall be located on the same lot as the use the parking facilities are intended to serve.
B. Required parking facilities shall be located on the same lot as the use such parking facilities are intended to serve or, except for uses other than long-term residential use on a lot under the same ownership if such parking is located adjoining or in close proximity to the actual use or uses served, and there is a safe, convenient pedestrian connection between the lots.
C. Except for long-term residential uses, required parking facilities of two (2) or more uses, structures or contiguous lots or parcels may be satisfied by the same parking facilities used jointly if the parking facility meets the total requirement for all uses and situations; provided, an overlap of up to twenty (20) percent of the highest overlapping single user’s requirement may be permitted if, but only for so long as, the hours of operation of the overlapping users do not overlap and the right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use which remains effective for so long as the users’ requirements must be met by overlapping use. [Ord. 01-05 § 8.]
18.48.180 Off-street parking design standards.
A. All off-street parking spaces shall be no less than nine (9) feet by twenty (20) feet in size, except that all parallel parking spaces shall be no less than nine (9) feet by twenty-two (22) feet in size.
B. The aisle width between parking spaces shall be no less than:
1. Sixteen (16) feet between rows of parking spaces angled thirty (30) degrees or less;
2. Eighteen (18) feet between rows of parking spaces angled at greater than thirty (30) degrees but not greater than sixty (60) degrees;
3. Twenty-five (25) feet between rows of parking spaces angled at greater than sixty (60) degrees;
4. Twelve (12) feet for one-way aisles and twenty-four (24) feet for two-way aisles between parallel parking spaces.
C. Each parking space shall have access to a circulation isle which shall access a street or alley.
D. Maneuvering and access aisle area shall be sufficient to permit vehicles to enter the space in a forward motion except that residential and employee parkers may back in from alleys.
E. Parking lots with four (4) or more stalls shall have an improved surface approved by the city engineer; provided, the overall finished grade of a parking lot shall not exceed a five (5) percent slope.
F. The lot shall be graded so that it will drain as required by the city engineer.
G. All boundaries of the lot directly abutting public or private property shall have a landscaped setback of at least eight (8) feet or shall have a suitable barrier to prevent vehicle encroachment beyond the property line.
H. Neither the landscaped setback required in subsection G of this section nor any landscaping or sign shall block the visibility of drivers exiting across a public sidewalk or entering a public street. If located closer than eight (8) feet to the nearest sidewalk or twenty (20) feet from the nearest improved edge of the street, any closed fence, wall, ground-mounted sign, bush, or hedge line shall not exceed twenty-four (24) inches in height along any side having a driveway exit across a sidewalk or to a street.
I. Parking facilities available for night use by employees or patrons shall be lighted during the night hours of use.
J. Covered parking spaces shall have a vertical clearance of a least seven (7) feet six (6) inches above the parking lot surface for all uses except residential. [Ord. 01-05 § 8.]
18.48.190 Disabled parking standards.
A. Parking lots which contain six (6) to twenty-five (25) required spaces shall provide one (1) space for restricted use of disabled persons. Parking lots that contain twenty-six (26) to fifty (50) required spaces shall contain two (2) spaces for restricted use of disabled persons. Parking lots which contain more than fifty (50) required spaces shall contain one (1) additional space for restricted use of disabled persons for each additional one hundred (100) parking spaces or fraction thereof that are required.
B. Parking spaces required by this section shall be approximately nine (9) feet wide and shall have an adjacent aisle that is six (6) feet wide. Two (2) adjacent parking spaces that meet the requirement of this section may share an aisle.
C. A sign shall be posted for each disabled person parking space. The sign shall be clearly visible, and be marked with the international symbol of disability access.
D. All other design considerations must comply with the Americans with Disabilities Act. However, a peace officer may enforce disabled parking within the city, even if the sign marking the spot in question does not comply with all design considerations of the Americans with Disabilities Act. Such enforcement shall not be construed as the city’s permission of a sign that does not comply with the design considerations required by the Americans with Disabilities Act. [Ord. 21-42 § 2, 2021; Ord. 01-05 § 8.]
18.48.200 Driveway standards.
A. Driveways serving residential uses on lots served by piped sewer and water shall have a minimum width of not less than nine (9) feet when serving four (4) or fewer dwelling units and a driveway width of not less than sixteen (16) feet when serving five (5) or more dwelling units or in lieu thereof, two (2) separate driveways not less than nine (9) feet in width.
B. Driveways serving other than residential uses on lots served by piped sewer and water shall have a minimum width of fifteen (15) feet to accommodate one-way traffic and a minimum width of twenty-five (25) feet to accommodate two-way traffic.
C. Driveways serving any use on a lot that is not served by both piped water and piped sewer shall have a minimum width of not less than twenty-five (25) feet unless the land use administrator determines that practical considerations such as lot frontage, proximity to a street intersection, lot size, lot topography, drainage patterns, the location of preexisting structures or the proposed principal structure and other considerations require a lesser width be provided. Before authorizing a lesser width, the land use administrator shall obtain and consider the recommendations of the director of public works.
D. Parking areas for two (2) or more vehicles shall be designed to prevent or discourage cars from backing out into a public street, public or private pedestrian walk, or public alley, in order to leave the area or to maneuver out of the parking space. Parking lots shall be designed and improved so as to prevent ingress and egress at any point other than designated entrance or exit drives.
E. Access driveways to parking areas containing four (4) or more spaces shall be located and designed as follows:
1. Parking area entrance and exit driveways shall be located a minimum of fifty (50) feet from the nearest street intersection, as measured from the centerline of the driveway to the nearest line of the nearest travel lane of the intersecting street.
2. Driveways crossing the street property line of a single lot shall be limited to one (1) entrance and one (1) exit driveway along the frontage of a single street. The centerline of the driveways on the same lot shall be separated by a minimum of thirty (30) feet.
3. A combined entrance and exit driveway shall be perpendicular to the street centerline for a distance of twenty-five (25) feet from the street property line.
F. Driveways that cross drainageways are subject to the requirements of BMC 15.12.040(B)(3) and 15.12.050(A)(11). [Ord. 01-05 § 8.]
18.48.210 Loading standards.
A. Structures that are constructed, altered or used which receive or distribute materials or merchandise by truck shall provide off-street loading berths as follows:
Gross Floor Area of Structure in Square Feet | Number of Required Berths |
|---|---|
1 – 4,999 | 0 |
5,000 – 19,999 | 1 |
20,000 – 50,000 | 2 |
Greater than 50,000 | Two plus one for each additional 50,000 square feet |
B. A loading berth shall contain a space not less than ten (10) feet wide and fifty (50) feet long, and have an overhead clearance of not less than fourteen (14) feet. In no case shall a loading berth be designed such that any truck using the berth would interfere with a public street or occupy any area designated to meet off-street parking requirements. [Ord. 01-05 § 8.]
18.48.250 Air navigation hazards – Purpose.
BMC 18.48.250 through 18.48.270 may be referred to as the air navigation hazards regulations or the airport height restrictions. It is the purpose of these sections to promote the safety of aircraft using public airports for landing and departures by providing a mechanism whereby the city’s regulation of land use within the vicinity of a public airport may complement the height restrictions established by the Federal Aviation Administration. [Ord. 01-05 § 8.]
18.48.260 Height restrictions.
A. No structure may exceed the lower of the height or elevation limits provided in other parts of this code or the height or elevation limits as determined from the applicable airport height map that meets the requirements of BMC 18.48.270.
B. A development proposed for a site within the boundaries of any approach surface or approach zone shown on an approved airport height map may not be approved if any structure in the proposed development exceeds the height or elevation restriction shown on the airport height map for that location; provided, if the Federal Aviation Administration or the airport operator provides a certification or other statement that the proposed development does not exceed the federal height limitations applicable to that location or provides a waiver, variance or other form of a permit authorizing the intrusion of the structure into the prohibited air space, the structure may be approved with respect to the limitations on height or elevation set out in this article. [Ord. 01-05 § 8.]
18.48.270 Airport height map.
A. The owner or manager of a public airport may prepare for filing with the planning department and approval of the land use administrator a proposed airport height map. A proposed airport height map becomes an approved airport height map upon the written approval of the map as meeting the requirements of this section by the land use administrator set out upon or appended to the map.
B. The map shall be prepared in a manner that shows the airspace zones as defined and set forth in Federal Aviation Regulations, Part 77, subpart C, that are applicable to the airport. The map may consist of more than one (1) sheet, shall be to scale and shall accurately show the following:
1. The exterior boundaries of the applicable air space zones;
2. The name or other identification of each of the airspace zones;
3. A legend that provides a description of the location of each zone or surface, including a reference to the paragraph in the Federal Aviation Regulations that describes the zone or surface;
4. The reference points within or outside the airport from which distance, elevation, height, bearing, vertical angle or other measurements are made in describing the airspace zones or surfaces;
5. Existing topography, if available;
6. Existing subdivisions, streets, roads and other rights of way, U.S. Surveys, section lines and similar features of land that will be useful in determining the location of a proposed development with respect to the boundaries of any airspace zone.
C. The map required by subsection A of this section shall accurately show the airspace zones. Airspace zones that have a sloping surface shall be shown in ten- (10-) foot increments unless the land use administrator requires more frequent contour lines close to the airport or permits larger increments in areas farther from the airport. Separate maps may be submitted for the different airspace zones. Before submission to the land use administrator for final approval, the map must have been certified by the Federal Aviation Administration as accurately depicting the requirements of the relevant Federal Aviation Regulations, Part 77, subpart C. Upon reasonable intervals, and upon learning of a change in the airport or applicable regulations, the land use administrator may request Federal Aviation Administration review and recertification of the airport height map. [Ord. 01-05 § 8.]