Deer Park City Zoning Code
CHAPTER 18
72 AIRPORT OVERLAY ZONE
§ 18.72.010 Purpose and intent.
The purpose and intent of the airport overlay zone is to reduce the potential for airport hazards, based on the following findings:
A.
Airport hazards endanger the lives and property of users of landing fields and persons in the vicinity of the Deer Park Municipal Airport; and
B.
Airspace obstructions and incompatible land uses impair the utility of an airport and diminish the value of the public investment therein; and
C.
Preventing the creation or establishment of incompatible land uses and airport hazards protects the public health, safety, and general welfare, and promotes the most appropriate use of land.
(Formerly 18.72.000; Ord. 666 § 2, 1995; Ord. 860 § 7, 2008)
§ 18.72.020 Applicability.
The airport overlay zone applies only to the Deer Park Municipal Airport and areas surrounding the airport within the city limits of Deer Park. Where the requirements and restrictions imposed by this chapter conflict with the requirements of any underlying zoning classification, the more restrictive provisions shall prevail. Where the provisions of this chapter influence lands within Deer Park's adopted external urban growth area (UGA), the city and Spokane County shall jointly determine whose criteria shall apply. Where the provisions of this chapter influence lands outside Deer Park's city limits and its external urban growth area, the regulations of Spokane County shall apply.
(Formerly 18.72.010; Ord. 666 § 3, 1995; Ord. 860 § 8, 2008)
§ 18.72.030 Height restrictions.
Except as otherwise provided in this chapter, no building or structure shall be constructed, altered, or maintained so as to project or otherwise penetrate Federal Aviation Regulations, Title 14, Chapter I, Subchapter E, Part 77 – Objects Affecting Navigable Airspace. The subject airspace surfaces of said Part 77 are based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach existing or planned for that runway end. The airspace surfaces applicable to the Deer Park Municipal Airport are explained herein and are depicted in Figure 1, Airspace Surfaces, which diagram is taken from the Deer Park Municipal Airport Master Plan Update, 2001, and is attached to the ordinance codified in this chapter and by this reference made a part hereof. Where an area is covered by more than one airspace surface limitation, the more restrictive limitation shall prevail.
A.
"Horizontal surface" means a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. In the case of runways designated as utility or visual, the radius is 5,000 feet; and in the case of all other runways, the radius is 10,000 feet. When a 5,000-foot arc is encompassed by tangents connecting 10,000-foot arcs, the 5,000-foot arc shall be disregarded and the 10,000-foot arc shall prevail.
1.
For the Deer Park Municipal Airport, the established elevation is 2,210 feet above mean sea level and the radius of said horizontal surface is 10,000 feet.
B.
"Conical surface" means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
1.
This standard applies to the Deer Park Municipal Airport.
C.
"Primary surface" means a surface longitudinally centered on a runway and extending 200 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 width of the primary surface of a runway will be that width prescribed for the most precise approach existing or planned for either end of that runway. The width varies from 250 feet to 1,000 feet depending upon approach type.
1.
For Runway 4-22 at the Deer Park Municipal Airport, the primary surface width is 250 feet.
2.
For Runway 16-34 at the Deer Park Municipal Airport, the primary surface width is 1,000 feet.
D.
"Approach surface" means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to 1,250 to 16,000 feet depending upon the type of runway and its approach specifics. In addition, the approach surface extends for a horizontal distance, with an ascending slope accompanying the same (20:1, 34:1, 40:1, and 50:1), again depending upon the type of runway and its approach specifics. The outer width of an approach surface at an end of a runway will be that width prescribed for the most precise approach existing or planned for that runway end.
1.
For Runway 4 and Runway 22 at the Deer Park Municipal Airport, the approach surface slope ratio is 20:1 for a horizontal distance of 5,000 feet from the end of the primary surface because of visual approach capabilities.
2.
For Runway 16 at the Deer Park Municipal Airport, the approach surface slope ratio is 50:1 for a horizontal distance of 10,000 feet from the end of the primary surface, followed by slope of 40:1 for an additional horizontal distance of 40,000 feet because of precision instrument approach capabilities.
3.
For Runway 34 at the Deer Park Municipal Airport, the approach surface slope ratio is 34:1 for a horizontal distance of 10,000 feet from the end of the primary surface, because of nonprecision instrument approach capabilities.
E.
"Transitional surface" means those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended, at a slope of 7:1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces, for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.
1.
This standard applies to the Deer Park Municipal Airport.
(Formerly 18.72.040; Ord. 666 § 6, 1995; Ord. 860 § 11, 2008)
§ 18.72.040 Height exceptions.
Buildings and structures shall not be constructed, altered, or maintained in any air space area regulated by DPMC § 18.72.030, except as follows:
A.
Any structure or object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height.
B.
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration, with a fixed location and height.
C.
Buildings and structures necessary and incidental to airport operations.
D.
Structure(s) owned and/or operated by a municipal corporation or political subdivision, either individually or jointly for utility purposes.
(Formerly 18.72.050; Ord. 666 § 7, 1995; Ord. 722 § 136, 1998; Ord. 860 § 12, 2008)
§ 18.72.050 Land use compatibility/aircraft safety zones.
The Washington State Department of Transportation's Aviation Division's Airport Land Use Compatibility Handbook utilizes six land use compatibility/aircraft safety zones in proximity to airport runways in order to ensure the operational safety and convenience of aircraft operation within the airport environment. The dimensions of said zones vary with the length of the runway, airport traffic pattern and airport operations areas. The following information describes the aforementioned zones for Runway 16-34 and Runway 4-22, respectively, and further indicates how they are adapted to fit Deer Park's needs in terms of streets, section-township-range boundaries, tax parcel numbers, and/or other specific borders to clearly identify the actual extent of the land intended to be included (said specific border identifiers are as they existed in September of 2007 and where the same overlap, the more restrictive criteria shall prevail). See Table 1, Land Use Compatibility/Aircraft Safety Zones, for properties located within each land use compatibility/aircraft safety zone.
A.
Runway 16-34.
1.
Zone 1 – Runway Protection Zone: Begins 200 feet beyond the end of each runway, is 500 feet wide on each side of the extended runway centerline, and fans out therefrom along said extended centerline a distance of 2,500 feet to a width of 875 feet on each side of the extended runway centerline.
2.
Zone 2 – Inner Safety Zone: Begins at the end of Zone 1, is 750 feet wide on each side of the extended runway centerline, and extends a distance of 3,300 feet along said extended runway centerline.
3.
Zone 3 – Inner Turning Zone: Begins 2,000 feet before the end of each runway, is zero feet in width, and fans out therefrom 20 degrees on each side of the extended runway centerline a distance of 6,000 feet; and the ends of the two 6,000-foot segments are connected with a semicircular arc having a maximum distance along the extended runway centerline of 6,000 feet from the point of beginning.
4.
Zone 4 – Outer Safety Zone: Begins at the end of Zone 2, is 500 feet wide on each side of the extended runway centerline, and extends a distance of 4,000 feet along said extended runway centerline.
5.
Zone 5 – Sideline Safety Zone: Encompasses the entire length of the runway, is 1,000 feet wide on each side of the runway centerline, and extends beyond the length of the runway at the same width until it intersects with Zone 3.
6.
Zone 6 – Traffic Pattern Zone: Encompasses the entire length of the runway, is 6,000 feet wide on each side of the runway centerline, and extends beyond the length of the runway at the same width to the end of Zone No. 4 (i.e., 10,000 feet from the end of the runway).
B.
Runway 4-22.
1.
Zone 1 – Runway Protection Zone: Begins 200 feet beyond the end of each runway, is 125 feet wide on each side of the extended runway centerline, and fans out therefrom along said extended centerline a distance of 1,000 feet to a width of 225 feet on each side of the extended runway centerline.
2.
Zone 2 – Inner Safety Zone: Begins at the end of Zone 1, is 500 feet wide on each side of the extended runway centerline, and extends a distance along said extended runway centerline that coincides with the extent of the inner turning zone as described herein in subsection (B)(3) of this section.
3.
Zone 3 – Inner Turning Zone: Begins 1,000 feet before the end of each runway, is zero feet in width, and fans out therefrom 30 degrees on each side of the extended runway centerline a distance of 3,000 feet; and the ends of the two 3,000-foot segments are connected with a semicircular arc having a maximum distance along the extended runway centerline of 3,000 feet from the point of beginning.
4.
Zone 4 – Outer Safety Zone: Begins where Zone 2 and 3 jointly end, is 500 feet wide on each side of the extended runway centerline, and extends a distance of 3,500 feet along said extended runway centerline from the end of the runway.
5.
Zone 5 – Sideline Safety Zone: Encompasses the entire length of the runway, is 500 feet wide on each side of the runway centerline, and extends beyond the length of the runway at the same width until it intersects with Zone 4.
6.
Zone 6 – Traffic Pattern Zone: Encompasses the entire length of the runway, is 4,500 feet wide on each side of the runway centerline, and extends beyond the length of the runway at the same width a distance of 5,000 feet from the end of the runway.
The following table identifies properties located within the land use compatibility/aircraft safety zones of DPMC § 18.72.050, by generalized location parameters and/or County Assessor's tax parcel numbers, as they existed in September of 2007. Said descriptions are the most currently applicable for the purposes of administration of this chapter.
TABLE 1 LAND USE COMPATIBILITY/ AIRCRAFT SAFETY ZONES | ||||
|---|---|---|---|---|
Zone | Runway 16 | Runway 34 | Runway 4 | Runway 22 |
1 Runway Protection Zone | Inside City: Existing airport land in the west half of Section 30, Township 29, Range 43. County jurisdiction: Deer Park's city property in the Urban Growth Area in the west half of Section 30, Township 29, Range 43. | Inside City: Existing airport land in the west half of the northwest quarter of Section 6, Township 28, Range 43 (lying northerly of Crawford Street/Deer Park-Milan Road). County jurisdiction: Not applicable. | Inside City: Existing airport land in the southwest quarter of Section 31, Township 29, Range 43. County jurisdiction: Not applicable. | Inside City: Existing airport land in the east half of Section 31, Township 29, Range 43; and existing airport land in the west half of Section 32, Township 29, Range 43. County jurisdiction: Not applicable. |
2 Inner Safety Zone | Inside City: Not applicable. County jurisdiction: Property in the northwest quarter of Section 30, Township 29, Range 43 (the east half of the west half and the west half of the east half of tax parcel 39302.9040); and property in Section 19, Township 29, Range 43 (the east half of the west half and the west half of the east half of the south half of the southwest quarter of tax parcel 39190.9001). | Inside City: Not applicable. County jurisdiction: Property (all tax parcels) in the west half of the southwest quarter of Section 6, Township 28, Range 43 (located between Crawford Street/Deer Park-Milan Road and Antler Road); and property in the west half of the northwest quarter of Section 7, Township 28, Range 43 (tax parcels 38072.9081, 38072.9083, 38072.9084, and that portion of tax parcel 38072.9082 lying westerly of the northerly prolongation of the easterly line of tax parcel 38072.9083). | Inside City: Existing airport land in the southwest quarter of Section 31, Township 29, Range 43; existing airport land in the northwest quarter of Section 6, Township 28, Range 43; property in the northeast quarter of Section 1, Township 28, Range 42 (tax parcel 28011.0001); and property in the southeast quarter of Section 36, Township 29, Range 42 (tax parcel 29364.0010). County jurisdiction: Not applicable. | Inside City: Existing airport land in the west half of Section 32, Township 29, Range 43. County jurisdiction: Not applicable. |
3 Inner Turning Zone | Inside City: Existing airport property in the southwest quarter of Section 30, Township 29, Range 43; and existing airport property in the northwest quarter of Section 31, Township 29, Range 43. County jurisdiction: Deer Park's city property in the Urban Growth Area in the west half of Section 30, Township 29, Range 43; other property in the same area (tax parcel 39302.9040); other property in the northeast quarter of Section 30, Township 29, Range 43 (tax parcels 39301.9008, 39301.9009, 39301.9011, the southerly half of tax parcel 39301.9007, together with the southerly half of the "flag stems" of tax parcels 39301.9009 and 39301.9010); and other property in the northeast quarter of Section 25, Township 29, Range 42 (tax parcel 29251.9051, the easterly half of tax parcel 29251.9052, and the easterly quarter of tax parcels 29251.9053 and 29251.9054). | Inside City: Existing airport land in the west half of the northwest quarter of Section 6, Township 28, Range 43; existing airport land in the southwest quarter of Section 31, Township 29, Range 43; and property in the northeast quarter of Section 1, Township 28, Range 42 (tax parcels 28011.0001, 28011.0081, and 28011.0082). County jurisdiction: Property in the southeast quarter of Section 1, Township 28, Range 42 (tax parcels 28014.9039, 28014.9042, 28014.9043, 28014.9047, 28014.9048, 28014.9049, and the northerly quarter of tax parcel 28014.9040); property in the northwest quarter of Section 6, Township 28, Range 43 (tax parcel 38062.9034 and the west half of tax parcels 38062.9007 and 38062.9035); and property in the southwest quarter of Section 6, Township 28, Range 43 (that portion of tax parcel 38063.9010 lying northerly of the northerly line of tax parcel 38063.9033 and the easterly prolongation of said northerly line). | Inside City: Existing airport land in the southwest quarter of Section 31, Township 29, Range 43; existing airport land in the northwest quarter of Section 6, Township 28, Range 43; property in the northeast quarter of Section 1, Township 28, Range 42 (tax parcel 28011.0001); and property in the southeast quarter of Section 36, Township 29, Range 42 (tax parcel 29364.0010 and the east half of tax parcel 29364.0028). County jurisdiction: Not applicable. | Inside City: Existing airport land in the east half of Section 31, Township 29, Range 43; and existing airport land in the west half of Section 32, Township 29, Range 43. County jurisdiction: Not applicable. |
4 Outer Safety Zone | Inside City: Not applicable. County jurisdiction: Property in Section 19, Township 29, Range 43 (the east half of the west half and the west half of the east half of the northwest quarter and the same portion of the north half of the southwest quarter of tax parcel 39190.9001). | Inside City: Not applicable. County jurisdiction: Property in the west half of the west half of Section 7, Township 28, Range 43 (tax parcels 38072.9070 and 38072.9071 and all tax parcels southerly thereof for the entire length of Section 7). | Inside City: Property in the northeast quarter of Section 1, Township 28, Range 42 (tax parcels 28011.0001, 28011.0002, 28011.0003, 28011.0007, and 28011.0083); and property in the southeast quarter of Section 36, Township 29, Range 42 (tax parcel 29364.0010). County jurisdiction: Not applicable. | Inside City: Existing airport land in the east half of Section 32, Township 29, Range 43. County jurisdiction: Not applicable. |
5 Sideline Safety Zone | Inside City: Existing airport land in the southwest quarter of Section 30, Township 29, Range 43; and existing airport land in the west half of Section 31, Township 29, Range 43. County jurisdiction: Deer Park's city property in the Urban Growth Area in the west half of Section 30, Township 29, Range 43. | Inside City: Existing airport land in the west half of Section 31, Township 29, Range 43; and property in the northeast quarter of Section 1, Township 28, Range 42 (tax parcel 28011.0001). County jurisdiction: Property in the northwest quarter of Section 6, Township 28, Range 43 (the northwest quarter of tax parcel 38062.9007). | Inside City: Existing airport land in the south half of Section 31, Township 29, Range 43; and existing airport land in the northwest quarter of Section 6, Township 28, Range 43. County jurisdiction: Not applicable. | Inside City: Existing airport land in the south half and east half of Section 31, Township 29, Range 43; and existing airport land in the west half of Section 32, Township 29, Range 43. County jurisdiction: Not applicable. |
6 Traffic Pattern Zone | Inside City: Existing airport lands in the following locations: the northwest quarter of Section 6, Township 28, Range 43; the southwest quarter of Section 29, Township 29, Range 43; the southwest quarter of Section 30, Township 29, Range 43; all of Section 31, Township 29, Range 43; and the west half of Section 32, Township 29, Range 43. Other properties in the following locations: the east half of Section 1, Township 28, Range 42; the east half of Section 36, Township 29, Range 42; and the private property enclaves within existing airport lands (tax parcels 39293.0004, 39293.0005, and 39322.9005). County jurisdiction: Deer Park's city property in the Urban Growth Area as follows: the south half of the northwest quarter and the entire south half of Section 30, Township 29, Range 43. Other properties as follows: the southeast quarter of Section 1, Township 28, Range 42 outside city limits; the east half of Section 12, Township 28, Range 42; the east half of Section 24, Township 29, Range 42; the east half of Section 25, Township 29, Range 42; all of Section 6, Township 28, Range 43 outside city limits; all of Section 7, Township 28, Range 43; all of Section 19, Township 29, Range 43; and that portion of the north half of Section 30, Township 29, Range 43 not encompassed within Deer Park's city property in the Urban Growth Area. | |||
(Ord. 860 § 16, 2008)
§ 18.72.060 Permitted uses.
Private property situated within the Deer Park Municipal Airport's influence area, being the outer perimeter of the traffic pattern zone as described in DPMC § 18.72.050, shall be subject to the regulations of this chapter in addition to the criteria of the underlying zone in which such property is located. Where there is a conflict between the underlying zone and the provisions of this chapter, this chapter shall prevail.
(Ord. 860 § 17, 2008)
§ 18.72.070 Restrictions in land use compatibility/aircraft safety zones.
The following uses are deemed to be incompatible with safe aircraft operations at the Deer Park Municipal Airport, and are not allowed upon properties which are not municipally owned airport lands, but which are nevertheless encompassed within any of the six land use compatibility/aircraft safety zones identified in DPMC § 18.72.050:
A.
Any use that creates or causes interference with the operations of radio or electronic facilities at the airport or with radio or electronic communications between airport and aircraft or aircraft to aircraft.
B.
Any use or lighting that impairs a pilot's ability to distinguish between airport lights and other lights, or that creates glare affecting pilot vision, or that otherwise impairs visibility in the vicinity of the airport. All lighting shall be downward directed and fully shielded.
C.
Any other uses or activities determined to be incompatible with aviation, aviation safety, or any activity that has a potential or would require a temporary flight restriction (TFR) or interfere with airport traffic patterns and operations, including but not limited to overhead utilities, hazardous material storage and flammable materials storage.
1.
Except that hazardous material storage and flammable materials storage may be permitted in land use compatibility/aircraft safety Zone 6, traffic pattern zone, if authorized pursuant to the provisions of the underlying zone.
D.
Any use, building or structure that emits fly ash, dust, vapor, or other forms of emissions that may conflict with any planned operations of the airport.
E.
Animal keeping and wildlife attractants, including, but not limited to, domestic pet breeding and boarding kennels, wildlife breeding and refuge facilities.
F.
Special use sites that promote concentrations of people, including, but not limited to, schools, hospitals, nursing homes, medical facilities, day care centers, churches and other religious gathering sites, recreational parks and playgrounds, arenas and stadiums, exhibit centers and auditoriums or theaters, amusement parks and fairgrounds, plus other types of special functions that promote a high concentration of people, etc.
G.
High intensity commercial uses, including, but not limited to, retail shopping centers, large retail stores (except household furniture sales), etc.
H.
Residential development – short plats, long plats and other land divisions intended for residential usage.
1.
Except that residential which would result in a density of no more than one dwelling unit per every five acres of net land area, excluding public or private street rights-of-way, may be permitted in land use compatibility/aircraft safety Zone 3 – Inner Turning Zone, pursuant to the provisions of DPMC § 18.72.070 and the underlying zone for Runway 16-34 only; and
2.
Except that residential which would result in a density of no more than one dwelling unit per every five acres of net land area, excluding public or private street rights-of-way, may be permitted in land use compatibility/aircraft safety Zone 4 – Outer Safety Zone, and Zone 6 – Traffic Pattern Zone, pursuant to the provisions of DPMC § 18.72.070 and the underlying zone for Runway 4-22 only; and
3.
Except that residential which would result in a density of no more than one dwelling unit per every two and one-half acres of net land area, excluding public or private street rights-of-way, may be permitted in land use compatibility/aircraft safety Zone 4 – Outer Safety Zone, and Zone 6 – Traffic Pattern Zone, pursuant to the provisions of DPMC § 18.72.070 and the underlying zone for Runway 16-34 only.
(Ord. 860 § 18, 2008)
§ 18.72.080 Deed notification and other notices.
A.
Deed Notification. As a condition for approval of new development within any of the land use compatibility/aircraft safety zones identified in DPMC § 18.72.050, a notice shall be recorded with the county auditor prior to final approval of new subdivisions, short subdivisions, conditional use permits, or other similar permits, unless said notice is already recorded on the property. Said notice shall state the following:
This property is located adjacent to an airport and is routinely subject to overflight activity by aircraft using the airport; and residents and tenants may experience inconvenience, annoyance, or discomfort from noise, smell or other effects of aviation activities. |
B.
Other Notices. Nothing in this chapter shall diminish the responsibility of project proponents to submit a notice of construction or alteration to the Federal Aviation Administration if required in accordance with Federal Aviation Regulations, Title 14, Chapter I, Subchapter E, Part 77 – Objects Affecting Navigable Airspace.
(Ord. 860 § 19, 2008)
§ 18.72.090 Substantial noise impacts.
Substantial noise impacts at the Deer Park Municipal Airport, being noise levels that exceed 65 Ldn (day-night average sound level) are confined to airport property. In the event of changed conditions authenticated by the city of Deer Park, the following uses will be prohibited within areas where noise levels exceed 65 Ldn:
A.
Church;
B.
Day care facility;
C.
Hospital;
D.
Library;
E.
Manufactured home park;
F.
Nursing home;
G.
Park or playground facility; and
H.
School.
(Ord. 666 § 11, 1995; Ord. 860 § 20, 2008)
§ 18.72.100 Nonconforming uses.
A.
Regulations Not Retroactive. The regulations set forth herein shall not be construed to require the change of use, nor the removal of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter; provided however, that the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance of such markers and lights as shall be deemed necessary by the city of Deer Park.
B.
Nonconforming Uses Abandoned or Destroyed. Whenever the director of community development determines that a legal nonconforming tree or structure has been abandoned, destroyed or damaged by more than 50 percent of fair market value as set forth in Chapter 18.104 DPMC, no subsequent permit shall be granted that would exceed the applicable height limit or otherwise deviate from zoning regulations.
(Ord. 860 § 22, 2008)
§ 18.72.110 Permits and variances.
A.
No building permit or other authorization shall be issued for any prohibited use, or for any structure or obstruction which exceeds the height restrictions adopted in this chapter.
B.
Any application for a building permit or other form of authorization located within the airport overlay zone shall submit a site plan which includes the elevation of the site above mean sea level and the height of any proposed structure.
C.
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of property, not in accordance with the regulations adopted in this chapter, may apply for a variance under the provisions of Chapter 18.76 DPMC. The application shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. A copy of the application shall be furnished to the airport manager for review and comment. In all other respects, the application shall be processed pursuant to the requirements of Chapter 18.76 DPMC.
(Ord. 860 § 23, 2008)
