CHAPTER MUNICIPAL AIRPORT ZONE

Transcription

1 CITY OF MOSES LAKE MUNICIPAL CODE Sections: Purpose Permitted Uses Conditional Uses Prohibited Uses Development Standards Violation CHAPTER MUNICIPAL AIRPORT ZONE Purpose: This zone relates to the property within the boundary of the Moses Lake Municipal Airport. The primary purposes of the Moses Lake Municipal Airport Zone are: A. To assure that the property comprising the Moses Lake Municipal Airport will continue to be used in a manner that is compatible with general aviation airport and aircraft operations. B. To establish a framework within which both commercial and recreational aviation and aviationrelated activities can prosper. (Ord. 2144, 12/9/03; Ord. 1723, 1996) Permitted Uses: A. Permitted aviation uses include, but are not limited to, the following types of activities provided they comply with the development standards of this chapter: 1. Runways, taxiways, navigational equipment, aircraft parking areas, and other facilities and features normally associated with a general aviation airport. 2. Aircraft sales, repair, rebuild, maintenance service and storage, and the facilities essential for or important to their operation. 3. Schools related to aircraft and flight operations and the facilities essential for or important to their operation. 4. Hangars intended for the storage of aircraft. 5. Fixed base operations providing aviation and aircraft services to the general public. 6. Storage and sale of aviation fuel, oil, and other fluids commonly used in aircraft. 7. Air terminal facilities including those used for both cargo and passengers. 8. Public and semi-public buildings, structures, and uses essential to the welfare of the City of Moses Lake such as a fire station, pump station, and water storage. 9. Farming 10. Aircraft dismantling business which is wholly within a building or enclosed by a sight obscuring screen not less than eight feet (8') in height. All storage shall be kept in a manner so that it will not create a fire hazard or a nuisance. B. Permitted commercial uses include, but are not limited to, the following types of activities provided they comply with the development standards of this chapter: 1. Retail grocery stores 2. Restaurants and delicatessens 53

2 C. Permitted medical uses include, but are not limited to, the following types of activities provided they comply with the development standards of this chapter: 1. Structure used to provide first aid and/or medical stabilization necessary prior to air evacuation. 2. Facilities necessary for the staging of helicopter and fixed-wing air ambulance aircraft including those necessary for ambulances and other emergency vehicles. (Ord. 2144, 12/9/03; Ord. 1723, 1996) Conditional Uses: The following conditional uses may be permitted provided they comply with development standards of this chapter: A. Light industrial uses B. Warehousing and storage C. Agricultural aircraft mixing/loading sites D. Locating steel sea or ocean-going containers marked with the American Bureau of Shipping's Emblem or meeting the International Standard Organization's standards which can be detached from a trailer, chassis, or frame and, which were formerly used for transporting sea or ocean-going cargo when intended to be used as storage facilities with the following conditions being required as a minimum: 1. Be used as an appurtenance to the primary use; such primary use being situated in an enclosed adjoining building. 2. Be placed on concrete, asphalt, or level, compacted, hard surface at all times. 3. Be painted so as to blend in with the building to which it is associated. 4. Not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where it is located unless other measures are employed to mitigate the visual impacts of the containers formerly used for transporting sea-going cargo, which measures shall be approved by the Planning Commission, provided, that the Planning Commission does not need to require mitigation measures if it is felt that the motoring public or adjacent residential neighborhoods are not impacted. 5. Have a maximum allowable square footage of container storage area not to exceed ten percent (10%) of the gross floor area of the building with which the container(s) is associated. In no event shall the number of containers allowed as appurtenant storage facilities exceed three (3) in number. 6. Be located on premises as an appurtenant storage facility. 7. Not be stacked. 8. Abide by all set back requirements applicable to the zone in which it is located. 9. The recipient of the conditional use permit is the only party allowed to use the container. (Ord. 2144, 12/9/03; Ord. 1748, 1/14/97; Ord. 1723, 1996) Prohibited Uses: Uses prohibited within the Municipal Airport Zone: A. Kennels 54

3 B. Automobile wrecking yards C. Residences except as specifically allowed in this chapter D. Storage of any waste not generated within the municipal boundaries of the City of Moses Lake as a result of a business licensed within the city E. The treatment or storage of any hazardous or nuclear waste (Ord. 2144, 12/9/03; Ord. 1723, 1996) Development Standards: Nothing contained herein shall require any change or alteration of a lawfully constructed or established structure or use in existence at the time of adoption or amendment of these regulations. These regulations are intended to regulate the erection or establishment of any new structure or use; the moving or relocation of any structure or use to a new location; the operation or continuance, at any time following the effective date of these regulations, or any structure or use which has been lawfully established, erected, remodeled, or rehabilitated; and the change from one use to another of any structure, or land, or the reestablishment of a use after its discontinuance for a period of one hundred and eight (180) consecutive days or more. A. General 1. All uses shall be compatible with the continued operation of the airport. No uses shall be allowed which: a. Release into the air any substances which would impair visibility or otherwise interfere with the operation of aircraft. b. Produce light emissions, either direct or indirect (reflective), which would interfere with pilot vision including the reduction of night vision capability of pilots while on the ground. c. Produce emissions which would interfere with aircraft communications systems or navigational equipment. 2. No temporary or permanent development intended for human occupancy may be erected, moved to or occupied within the Moses Lake Municipal Airport Zone except those facilities necessary to temporarily shelter individuals responding to an emergency as identified by the City of Moses Lake or other governmental entity and those necessary to house workers on a temporary basis. 3. No uses shall cause or produce objectionable effects which would impose a hazard or nuisance to adjacent properties by reason of smoke, soot, dust, radiation, odor, noise, vibration, heat, glare, toxic fumes or other conditions that would adversely affect the public health, safety, and general welfare. 4. No uses which are labor intensive or which promote the concentration of people for extended periods of time shall be permitted, except as expressly authorized in this section. 5. No uses which require the manufacturing or warehousing of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall be permitted except for the storage of aircraft fuel, oil, hydraulic fluid, paint, and materials intended for aerial application for agricultural purposes provided those materials are warehoused, and loaded and unloaded according to this chapter. 55

4 6. The delivery, storage, loading, unloading, dispensing and clean-up of pesticides and fertilizers intended for aerial application for agricultural purposes shall be accomplished according to the timetable and applicable portions of Washington State Department of Agriculture regulations Chapter and dated March 1994 of the Washington Administrative Code. 7. No structure or any portion thereof on the premises of a permitted use shall be used for a residential dwelling by the owner, operator, caretaker, their family members or others except those facilities necessary to temporarily shelter of individuals responding to an emergency as identified by the City of Moses Lake or other governmental entity. B. Noise: 1. Noise originating from aircraft in flight and that is directly related to flight operations shall be expected to impact people in surrounding zones and is generally exempt from noise standards. Noise from aviation testing and maintenance, that is not related to imminent flight, shall be restricted to certain hours, locations, or other effective conditions by the City Council upon finding that the noise causes unreasonable impacts. 2. Reserved for noise levels from other than flight operations. C. Lighting: 1. Structural lighting with the exception of airport navigational lighting shall not project directly into any residential zone. 2. Sign and building exterior lighting shall not project directly into the runway, taxiway, or airport approach surfaces to the extent that it is a hazard or a distraction to aircraft. 3. Lighting of vehicle and aircraft parking areas shall not create a nuisance to adjacent zones nor shall it pose a hazard to other vehicular traffic. 4. Airport lighting used to illuminate runways, taxiways, airplane parking areas and to provide visual guidance for landing aircraft shall comply with this chapter. D. Parking: A parking site plan must be submitted with an application for a land use permit. It must include a parking plan which shows the location and number of parking spaces, circulation patterns, and ingress and egress provisions. 1. All industrial uses within the Municipal Airport Zone shall provide at least two (2) parking spaces for every three (3) employees on the major shift during the normal season. 2. All commercial uses shall comply with Chapter 18.54, Off-Street Parking and Loading. 3. All off-street parking spaces shall have a minimum dimension of nine feet (9') by twenty feet (20') for each space and shall be subject to the following conditions: a. Each shall have an all weather surface b. Each shall be exclusive of driveways and/or alleys c. The design and location of entrances and exits to commercial parking lots shall be consistent with commercial standards. 4. All off-street parking facilities for commercial, public institutional, and industrial uses shall be located not more than three hundred feet (300') from the building housing the use. 56

5 5. Uses which are expanded or enlarged shall provide the additional off-street parking spaces in accordance with this chapter and Chapter 18.54, Off-Street Parking and Loading. 6. Each parking area which is 4,500 square feet or more in size will be required to provide a plan of facilities to handle surface runoff. Such a plan of facilities shall be consistent with commercial standards. 7. All off-street parking areas which are lighted shall be illuminated in such a way as not to create a nuisance or hazard to passing traffic or cast light on any residential property. 8. All off-street parking shall be hard surfaced and maintained if it has an area in excess of 1,200 square feet. Such surfacing shall be of such a nature that it eliminates dust and mud. E. Loading Area Requirements: Those uses which have a need for or intend to make use of loading and unloading berths shall comply with the following conditions: 1 Each berth shall be at least ten feet (10') wide by twenty-five feet (25') long by fourteen feet (14') high. 2. Each berth or berths shall be surfaced and maintained so as to eliminate dust and mud. 3. No part of a loading or unloading berth may extend into a public right-of-way. F. Landscaping: A landscaping site plan must be submitted with an application for a land use permit. It must include the location and type of plant materials. 1. All landscaping shall occur at the time the subject property is developed. 2. Boulevard landscaping shall be used along main access roadways. Landscaping shall be uniform along the length of the perimeter roads and shall consist of ground cover, shrubs, small trees, native grasses, and/or gravel. 3. Buffer landscaping may be required on perimeter property lines of individual developments to minimize noise and visual impacts and to discourage trespass. Buffer landscaping shall consist of ground cover, shrubs, and small trees. G. Height Restrictions: The height restrictions contained in this section are in accordance with Federal Air Regulations Part 77 "Objects Affecting Navigable Airspace" and Federal Aviation Administration Advisory Circular 150/ "Airport Design". 1. No structure or object except those whose placement is required for airport operations may be located within the Moses Lake Municipal Airport Object Free Area defined as a rectangle whose boundaries are three hundred feet (300') from the ends of the prepared runway surface and one hundred twenty-five feet (125') on both sides of the centerline of the runway. 2. No structure or object may be located so as to break the plane of a seven (7) to one (1) slope that begins at and extends outward at right angles from the edge of the Object Free Area. 3. No structure or object may be located closer than forty-five feet (45') from the center of any future taxiway as defined in the Airport Development Plan. 4. No structure or object may be located so as to penetrate the twenty (20) to one (1) approach departure surface extending from the edges of the Object Free Area at both ends of the runway. 57

6 Violation: H. Setbacks: Setbacks shall be a minimum of: 1. Front setback - fifteen feet (15') 2. Side setback - fifteen feet (15') 3. Rear setback - none I. Other Regulations 1. A business license must be secured from the City of Moses Lake for all business activities conducted on airport property. 2. Any individual, builder, or developer must submit and have approved by the Planning Commission a building site plan prior to commencing construction. 3. Any individual, builder, or developer must submit and have a recommendation from the Airport Commission to the Planning Commission prior to site plan review. (Ord. 2144, 12/9/03; Ord. 1851, 4/13/99; Ord. 1723, 1996) A. Upon occurrence of a violation of the provisions of this chapter, the Building Official shall notify the responsible person representing the use in violation that a violation of this chapter exists. Such notice shall be in writing, identify the violation, and specify the time within which the prescribed action to correct the violation must be taken. The person in violation shall have not less than seven (7) days from the issuance of the notice to correct the violation, unless, in the opinion of the Building Official, there is imminent peril to property and/or to the public health, safety, or general welfare in which case the violation shall be corrected immediately. B. Upon the failure, neglect or refusal of any person so notified to correct a violation of this chapter, the Building Official shall issue a civil infraction notice. C. Any violation of the provisions of this chapter shall be punishable as defined in Chapter 1.08 of the Moses Lake Municipal Code. D. Where determination of violations can be made by the Building Official using equipment normally available to the city or obtained without extraordinary expense, such determination shall be so made before a notice of violation issued. Where technical complexity or extraordinary expense make it unreasonable for the city to maintain the personnel or equipment necessary to make the determination of violation then the city shall call in properly qualified experts to make the determination of violation. If expert findings indicate a violation, the cost of the determination shall be assessed against the properties or persons responsible for the violation in addition to other penalties prescribed by this chapter. If no violation is found, cost of the determination shall be paid entirely by the city. (Ord. 2144, 12/9/03; Ord. 1723, 1996) 58

7 Moses Lake Municipal Airport Object Free Area The Object Free Area is 250 feet wide and is centered on the runway. It also extends 300 feet beyond each end of the runway. No structure or object except those required for airport operations may be located within this area. 7 to 1 slopes plan view 2. 7 to 1 Slope The 7 to 1 slope is a plane that extends at right angles to the Object Free Area. It rises 1 foot for each 7 feet of horizontal distance. 7 to 1 slopes profile view Object Free Area Runway Object Free Area 4. Approach/Departure Surfaces Approach/Departure surfaces extend from the edges of the Runway Object Free Area. They flare outward at a rate of 10 to 1 and upward at a rate of 20 to 1. 59