The airport safety overlay is intended to protect the airspace around the Yakima Air Terminal and McAllister Field from airspace obstructions or hazards and incompatible land uses, as defined in the Federal Aviation Regulations (FAR, Part 77) in existence as of the effective date of the ordinance codified in this title.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 3086, § 1, 12-11-23)

A.

All zoning districts within the airport safety overlay zones are subject to the requirements of this overlay, except as may otherwise be stated herein.

B.

The airport safety overlay (ASO) zones contains those areas defined by Federal Aviation Regulations (FAR, Part 77) as imaginary surfaces and the runway protection zone as illustrated on the zoning map, and is comprised of two parts:

1.

The primary airport safety area addresses land use compatibility with airport operations. It is located in an area bounded by the limits of the runway protection zone and the FAA defined approach and transitional surfaces within the conical surface area; and

2.

The secondary airport safety overlay principally addresses structure height. It is bounded by the exterior of the conical surface area and the approach and transitional approach surfaces extending beyond the conical surface.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2920, § 1, 6-26-17, eff. 7-26-17; Ord. No. 3086, § 1, 12-11-23)

A.

Zone I—Runway Protection Zone. This zone encompasses the runway protection zone (RPZ) at each end of the runway and should use the RPZ dimensions established in accordance with FAA standards (RPZ dimensions depend mostly on the visibility minimums for the approach to that runway end). Also, included in the zone are the strips of land immediately adjacent to the runway where FAA standards preclude structures.

B.

Zone 2—Inner Approach/Departure Zone. This zone wraps around and extends beyond zone 1 along the runway centerline. Next to the RPZ, it represents the area where the risk of aircraft accidents is the greatest. On departure, aircraft are typically at full power in the initial phase of climb. On approach, they are at low altitude as they prepare for landing.

C.

Zone 3—Inner Turning Zone. This zone is a wedge-shaped area lying along the sides of zone 2. It is primarily significant at general aviation airports where most of the flights are visual. At airports where most aircraft approach and depart on instrument flight plans, then the close-in turns which are the concern with zone 3 can be a narrow wedge. 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, especially if they are flying a tight pattern. One type of accident known to occur in this area is a low-altitude stallspin that can happen if a pilot attempts to make too tight of a turn.

D.

Zone 4—Outer Approach/Departure Zone. This area lies beyond zone 3 along the extended runway centerline. Aircraft flying straight out or in overfly this area at low altitude. The zone is particularly significant on runways where much of the operations are on instrument procedures and at busy airports where elongated traffic patterns are common. The risks in this area are moderate, but less than in zones 1 through 3.

E.

Zone 5—Sideline Zone. Lying in narrow bands along 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. The risks are lower than in zones 1 through 3 and similar to those of zone 4.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2920, § 1, 6-26-17, eff. 7-26-17; Ord. No. 3086, § 1, 12-11-23; Ord. No. 3113, § 1, 1-27-25)

A.

The following category of uses listed in table 17.04.030 as Type I, Type II and Type III permitted uses within the underlying nonresidential zoning districts uses may be allowed within airport safety overlay zone 2: agricultural uses, except concentrated feeding operations; manufacturing uses, except for rendering plants and chemical manufacturing (industrial, agricultural, wood, etc.); cemeteries, mausoleums, and columbaria, fire stations, police stations, and ambulance service, correction facilities; campgrounds, golf courses, clubhouses, golf driving ranges, gymnasiums and exercise facilities, and parks; retail trade and service uses, except for bed and breakfast inn, communication towers, department, discount, and variety stores, medical and dental laboratories, offices, and clinics, and motels and hotels; transportation uses; utilities uses; and wholesale trade storage uses.

B.

The following category of uses listed in table 17.04.030 as Type I, Type II and Type III permitted uses within the underlying nonresidential zoning districts uses may be allowed within airport safety overlay zone 3: agricultural uses, except for concentrated feeding operations; manufacturing uses, except for rendering plants; community services, except for convalescent or nursing homes, group homes, and hospitals; amusement and recreation uses, except for horse racing tracks and speedways, and fairgrounds; retail trade and service uses; transportation uses; utilities uses; and wholesale trade storage uses.

C.

Residential uses such as single-family residences and accessory uses related to single-family residences, multi-family dwellings, and mixed-use residential that qualify as infill may be allowed in the underlying residential zoning districts in an airport safety overlay zone 3. The density and land use of residential development must adhere to the density allowances and allowable land use of the underlying zoning district.

D.

The following category of uses listed in table 17.04.030 as Type I, Type II and Type III permitted uses within the underlying nonresidential zoning districts uses may be allowed within airport safety overlay zone 4: agricultural uses, except for concentrated feeding operations; manufacturing uses, except for rendering plants; community services, except for convalescent/nursing homes, group homes, and hospitals; amusement and recreation uses, except for horse racing tracks and speedways, and fairgrounds; retail trade and service uses; transportation uses; utilities uses; and wholesale trade storage uses.

E.

Residential uses such as single-family residences and accessory uses related to single-family residences, and mixed-use residential with forty (40) percent plus open space that qualify as infill may be allowed in the underlying residential zoning districts in an airport safety overlay zone 4. The density and land use of residential development must adhere to the density allowances and allowable land use of the underlying zoning district.

F.

The following category of uses listed in table 17.04.030 as Type I, Type II and Type III permitted uses within the underlying nonresidential zoning districts uses may be allowed within airport safety overlay zone 5: agricultural uses, except for agricultural markets, animal husbandry, and concentrated feeding operations; manufacturing uses, except for apparel and accessories, bakery products (wholesale), beverage industries, canning/preserving/packaging of fruits, vegetables and other foods, chemical manufacturing (industrial, agricultural, wood), and rendering plants; cemeteries, fire and police stations and ambulance services, correction facilities, and museum and art galleries; amusement and recreation uses, except for amusement parks (permanent), bowling alleys, drive-in theaters, golf courses, clubhouses, and golf driving ranges, horse racing tracks and speedways, miniature golf courses, movie theaters, auditoriums and exhibition halls, fairgrounds, and roller and ice skating rinks; retail trade and service uses, except for antique stores, beauty and barber shops, bed and breakfast inn, department, discount, and variety stores, and medical and dental laboratories, offices, and clinics; transportation uses; utilities uses; and wholesale trade storage uses.

G.

Residential development is allowed in zone 5, as infill development that must adhere to the density and land uses of the underlying zoning district.

H.

Uses allowed in an underlying zoning district that are not allowed in subsections A. through [G.] above, may be allowed by a Type III (conditional use) provided that such use is approved by the hearings examiner and the application for Type III reviews includes:

1.

A statement of compatibility (from the airport manager) when the use is to be located within the airport safety overlay, relative to the impact of the use on airport operations and safety;

2.

A statement from the Washington Department of Transportation Aviation Division relative to the impact of the use on airport operations and safety;

3.

A determination from the FAA relative to the impact of the use on airport operations and safety.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2920, § 1, 6-26-17, eff. 7-26-17; Ord. No. 3086, § 1, 12-11-23; Ord. No. 3113, § 1, 1-27-25)

A.

An applicant proposing a use for which an application is required under this chapter shall submit the following information:

1.

Property boundary lines as they relate to the boundaries of the primary and secondary airport safety overlay;

2.

Location, elevation, and height of all existing and proposed buildings, structures, utility lines, and trees taller than thirty-five (35) feet in height;

3.

A description of the proposed use;

B.

In consideration of an application for a building, structure, or other use which will exceed thirty-five (35) feet in height, the reviewing official may require the applicant to submit either of the following:

1.

A certificate, from a registered professional engineer or a licensed land surveyor, which clearly states that no airspace obstruction will result from the proposed use.

2.

The applicant or their representative must provide a determination of "no hazard" from the FAA.

3.

Either or both of the following:

a.

The maximum elevations of proposed structures based on the airport reference point and USGS datum. Elevations shall be determined by a registered professional engineer or a licensed land surveyor, accurate to plus or minus one foot shown as mean sea level elevation or other available survey data. The engineer or surveyor shall certify the accuracy of all elevations.

b.

A map of topographic contours with not more than five-foot intervals, showing all land within one hundred (100) feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the verification of a licensed land surveyor or registered professional engineer.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2920, § 1, 6-26-17, eff. 7-26-17; Ord. No. 3086, § 1, 12-11-23)

A.

A building, structure, communication tower, use, or tree that penetrates any of the FAA designated imaginary surfaces constitutes an obstruction within the ASO overlay. Therefore, the allowable height of any building, structure, communication tower, use, or tree within the airport safety overlay shall conform to the following:

1.

The ground level elevation, above mean sea level, plus the height of any building, structure, communication tower, use, or tree at its proposed location shall not penetrate any FAR, Part 77 designated imaginary surfaces of the runways of the Yakima Airport.

2.

However, structures thirty-five (35) feet or less in height may penetrate the imaginary surfaces when the administrative official, in consultation with the Washington State Department of Transportation Aviation Division (WSDOT) and the airport manager, can determine that the structure is not likely to constitute a safety hazard.

3.

The reviewing official may require lights or markers as a warning to aircraft on the building, structure, communication tower, use, or tree(s), or to top the tree to reduce its height, when recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications.

4.

Notwithstanding any other provision of this title, the reviewing official shall not approve any building, structure, communication tower, use, or tree when the FAA has designated such as a hazard to air navigation.

B.

Whenever the height limitations of this section differ from those of any other section of this title, or that adopted by another local ordinance or regulation, the more restrictive limitation shall apply.

C.

No use or activity shall take place within the airport safety overlay in such a manner as to: make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; or otherwise create a hazard which may in any way endanger the landing, takeoff, or maneuvering of aircraft using the airport.

D.

The regulations prescribed by this chapter shall not be construed to require the property owner to remove, lower, or make changes or alterations to any structure which legally existed prior to the effective date of the ordinance codified in this title, except as may be compelled by state or federal regulation.

E.

An avigation easement and deed declaration, which recognizes the preexistence of the airport and the right of over flight, shall be recorded for all uses within the approach and transitional surfaces of the conical surface area.

(Ord. 2274 § 1 (part), 2000)

(Ord. No. 2920, § 1, 6-26-17, eff. 7-26-17; Ord. No. 3086, § 1, 12-11-23)