Westport City Zoning Code
CHAPTER 17
34 AIRPORT OBSTRUCTION ZONES
§ 17.34.010 Title.
The ordinance codified in this chapter shall be known and may be cited as the Westport Airport obstruction zoning ordinance.
(Ord. 1146 § 2, 1998)
§ 17.34.020 Purpose.
(1)
It is found that an airport hazard endangers the lives and property of users of the airport and of occupants of land 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 airport and the public investment therein.
(2)
Accordingly, it is declared:
(A)
That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;
(B)
That it is therefore 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)
That this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
(3)
It is further declared that both the prevention of the creation or establishment of airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
(Ord. 1146 § 2, 1998)
§ 17.34.030 Definitions.
As used in this chapter, unless the context otherwise requires:
"Airport"
means the Westport Airport, located in Section 6, Township 16 North, Range 11 West and Section 1, Township 16 North, Range 12 West, Grays Harbor County, Washington.
"Airport elevation"
means the highest point of the airport's usable landing area, measured in feet from the National Geodetic Vertical Datum of 1929.
"Airport hazard"
means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.
"Height"
means height above the National Geodetic Vertical Datum of 1929 for the purpose of determining the height limits in all airport zones set forth in this chapter and shown on the Westport Airport obstruction zoning map.
"Nonconforming use"
means a use which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter; any pre-existing object of natural growth, any pre-existing structure, or any use of land which does not conform to the regulations of the airport zone in which it is located as provided by this chapter.
"Obstruction"
means any structure, tree, growth or other object, including a mobile object, which exceeds a height limitation set forth in WMC § 17.34.050.
"Person"
means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, including the state and its political subdivisions, and includes any trustee, receiver, assignee or other similar representative thereof.
"Runway"
means any paved surface or turf covered area of the airport which is specifically designated and used or planned to be used for the landing and/or taking off of aircraft.
"Structure"
means an object, including a mobile object, constructed or installed by persons, including but without limitation buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
"Tree"
means any object of natural growth.
"Variance"
means an exception to the regulations of this chapter authorized by the board of adjustment in the event of unusual hardship or special circumstances.
"Water surfaces,"
for the purpose of this chapter, shall have the same meaning as land for the establishment of protected airport zones.
(Ord. 1146 § 2, 1998)
§ 17.34.040 Airport zones.
(1)
In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying beneath certain imaginary surfaces in space as they apply to the Westport Airport. The geometry of the airport zones are formulated, based on the runway being of the same elevation at all points on the runway centerline.
(2)
The airport zones are shown on the Westport Airport obstruction zoning map, which map in its entirety, together with such amendments thereto as may be made from time to time, is attached to the ordinance codified in this chapter and is made a part thereof.
(3)
An area or an obstruction located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various airport zones are established and defined as follows:
(A)
Primary Zone. The primary zone is a rectangle longitudinally centered on the runway, which extends 125 feet perpendicularly to either side of the runway centerline and extends 200 feet beyond each end of the runway.
(B)
Approach Zone. There are two identically dimensioned approach zones, each of which joins the primary zone. Each approach zone is a trapezoid 5,000 feet long, centered on the extended runway centerline. Each is 250 feet wide where it joins the primary zone and flares uniformly to a width of 1,250 feet at its end, where it is 5,000 feet from the end of the primary zone.
(C)
Transitional Zone. Identical transitional zones lie to either side of the primary zone-approach zone extension. The inner boundary of each transitional zone is common with the outer boundary of the primary zone and the outer boundary of the approach zones. The outer boundary of the transitional zone is 1,175 feet from the runway centerline for the length of the primary zone and is thus 1,050 feet wide for the length of the primary zone. Its 1,050-foot width narrows uniformly to zero where it meets the edge of the approach zone at a point 3,000 feet from the beginning of the approach zone.
(D)
Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary zone and connecting the adjacent arcs by lines tangent to those arcs. The horizontal zone does not include the inner 3,000 feet of the approach zones and all of the transitional zones.
(E)
Conical Zone. The conical zone is a zone 4,000 feet wide, that has as its inner boundary the outer boundary of the horizontal zone.
(Ord. 1146 § 2, 1998)
§ 17.34.050 Height limitations in airport zones.
Except as otherwise provided in this chapter and except as necessary and incidental to airport operations, no structure or tree shall be located, altered, maintained, or allowed to grow in any zone created by this chapter to a height in excess of the applicable height limits herein established for such zone. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. Such applicable height limitations are established for each of the airport zones as follows:
(1)
Primary Zone. No structure or tree shall be located, altered, maintained, or allowed to grow to an elevation higher than that of the runway within the primary zone.
(2)
Approach Zone. The height limitation is at an imaginary plane in space which lies above the approach zone. It inclines outward 5,000 feet and upward 250 feet at a slope of 25 horizontally for each one foot vertically, beginning at the same elevation as the elevation of the runway.
(3)
Transitional Zone. The height limitation is at an imaginary plane in space which lies above the transitional zone. It inclines outward and upward perpendicular to the runway centerline at a slope of seven feet horizontally for each one foot vertically. It begins at the edges of the primary zone and the approach zones, where its elevation is the same as the primary zone and approach zones. It reaches an elevation of 150 feet above the runway elevation.
(4)
Horizontal Zone. The height limitation at all points in the horizontal zone is an elevation 150 feet above the runway elevation.
(5)
Conical Zone. The height limitation begins 150 feet above the runway elevation at the edge of the horizontal zone. The height limitation increases according to a slope of 20 feet horizontally for each one foot vertically, inclining outward and upward from the inner edge of the conical zone, at which point the height limitation is an elevation 350 feet above the runway elevation.
(Ord. 1146 § 2, 1998)
§ 17.34.060 Use restrictions.
Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for 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, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(Ord. 1146 § 2, 1998)
§ 17.34.070 Conflicting regulations.
In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.
(Ord. 1146 § 2, 1998)
§ 17.34.080 Limitations.
The requirements established by this chapter in no way preempt or waive the requirements for notification or review established by other public agencies, such as those established by Federal Aviation Regulations.
(Ord. 1146 § 2, 1998)
§ 17.34.090 Nonconforming uses – Regulations not retroactive.
The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of said chapter, and is diligently prosecuted.
(Ord. 1146 § 2, 1998)
§ 17.34.100 Nonconforming uses – Marking and lighting.
Notwithstanding the provision of WMC § 17.34.090, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport owner to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport owner.
(Ord. 1146 § 2, 1998)
§ 17.34.110 Permit – Required when.
Except as permits are required under the provisions of the Westport zoning ordinance, this chapter does not require additional permits for structures and/or trees in airport zones unless the limitations and restrictions of WMC § 17.34.050 and § 17.34.060 are exceeded. If a proposed structure and/or tree would exceed the provisions and regulations of this chapter, it shall not be permitted unless a permit for a variance is approved according to the provisions of WMC § 17.34.150, § 17.34.170 through § 17.34.190, and other provisions of this chapter.
(Ord. 1146 § 2, 1998)
§ 17.34.120 Permit – Future uses.
Except as specifically provided in WMC § 17.34.140, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created unless a permit therefor shall have been applied for and granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with WMC § 17.34.150.
(Ord. 1146 § 2, 1998)
§ 17.34.130 Permit – Application.
An application in writing for a permit for variance shall be made to the board of adjustment, and it shall indicate the purpose for which the permit is desired, with sufficient particulars to determine whether the resulting use, structure or tree would conform to the regulations herein prescribed.
(Ord. 1146 § 2, 1998)
§ 17.34.140 Permit – Limitations.
(1)
A permit shall not be issued that would allow the establishment or creation of an airport hazard or allow a nonconforming use, structure or tree to become a greater hazard to air navigation than it would be on the effective date of the ordinance codified in this chapter or any amendment thereto or than it was when the application for a permit is made.
(2)
In the transitional zones at a distance not closer than 250 feet to the runway centerline or centerline extended, nothing in this chapter shall be construed as prohibiting the growth, construction, alteration or maintenance of any tree or structure to a height up to 35 feet above the surface of the land.
(3)
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above ground.
(4)
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 3,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above ground.
(Ord. 1146 § 2, 1998)
§ 17.34.150 Variances.
(1)
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment for a variance from such regulations. The application for variance 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.
(2)
Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and, relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter.
(3)
No application for variance to this chapter may be considered unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny said application.
(Ord. 1146 § 2, 1998)
§ 17.34.160 Board of adjustment.
The provisions and regulations of this chapter as regards the board of adjustment shall be according to the provisions and regulations of the Westport zoning ordinance, as amended.
(Ord. 1146 § 2, 1998)
§ 17.34.170 Administration and enforcement.
The building inspector for the city shall have the authority to administer and enforce the regulations of this chapter.
(Ord. 1146 § 2, 1998)
§ 17.34.180 Filing fees.
An application for a variance as required by this chapter shall be accompanied by a filing fee listed in Chapter 17.56 WMC.
(Ord. 1146 § 2, 1998; Ord. 1188 § 3, 1999)
§ 17.34.190 Penalties.
(1)
Violations of the regulations and provisions of this chapter or any amendments thereto or failure to comply with any of its requirements shall constitute a misdemeanor and such violation shall be punished as provided by the Charter of the city for the commission of a misdemeanor.
(2)
Each day such violation continues shall be considered a separate offense.
(3)
Notwithstanding the imposition of any penalties hereunder, the city may institute any appropriate action or proceeding to require compliance with or to enjoin violation of the provisions of this chapter, or any administrative decisions made pursuant to this chapter.
(Ord. 1146 § 2, 1998)
§ 17.34.200 Appeals – Notice requirements – Public hearings – Judicial review.
Procedures and requirements for appeals, notice requirements, public hearings, and judicial review shall be according to the provisions and regulations of the Westport zoning ordinance, as amended.
(Ord. 1146 § 2, 1998)
