HomeMy WebLinkAbout5026 1 ORDINANCE NO. 5 0 ~ 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
3 AUBURN CITY CODE CHAPTER 18.02 ENTITLED "GENERAL PROVISIONS"
AND CHAPTER 18.38 ENTITLED "LF AIRPORT LANDING FIELD
4 DISTRICT".
5
6 WHEREAS, it has come to the attention of the City that
7 Chapter 18.38 of the Auburn City Code entitled ~LF Landing
8
Field District", has not been updated for a number of years
9
and has become slightly outdated; and
10
WHEREAS, the 1960's era Airport Plan referenced in the
l]
12 ordinance was succeeded by a new Airport Plan in 1995; and
]3 WHEREAS, subsequent to the original LF District that was
adopted, the FAA established a new safety zone called the
]5
Obstacle Free Area (OFA); and
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17 WHEREAS, the OFA exists 250 feet from either side of the
]8 runway centerline and 600 feet off the approach and departure
]9 ends for the purpose of keeping any structure, fence, vehicle
20
or any other obstruction not related to aircraft operations,
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clear of a safe zone around the runway; and
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23 WHEREAS, the Planning Commission at their September 3,
24 1997 meeting, held a public hearing on the amendments and at
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26
Ordinance No. 5026
September 18, 1997
Page 1
1 the conclusion of which recommended to the City Council
2
approval of said amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
4
5 WASHINGTON, DO ORDAIN AS FOLLOWS:
8 Section 1. Auburn City Code Chapter 18.02 entitled
7 "GENERAL PROVISIONS", and Chapter 18.38 entitled "LF AIRPORT
8
LANDING FIELD DISTRICT" are hereby amended as set forth on
9
attached Exhibit "A" and made a part thereof as though set
]0
11 forth in full herein.
]2 Section 2. The provisions of this Ordinance are declared
13
to be separate and severable. The invalidity of any clause,
sentence, paragraph, subdivision, section or portion of this
]5
Ordinance, or the invalidity of the application thereof to any
]8
17 person or circumstance shall not affect the validity of the
18 remainder of this Ordinance, or the validity of its
19
application to other persons or circumstances.
20
Section 3. The Mayor is hereby authorized to implement
2]
such administrative procedures as may be necessary to carry
22
23 out the directions of this legislation.
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25
28
Ordinance No. 5026
September 18, 1997
Page 2
] Sect.ion 4 This Ordinance shall take effect and be in
2
force five days from and after its passage, approval and
publication as provided by law.
4
5
INTRODUCED: October 6, 1997
7 PASSED: October 6, 1997
8
APPROVED: October 6, 1997
9
11
CHARLES A. BOOTH
12 MAYOR
13 ATTEST:
14
15
Robin Wohlhueter,
17 City Clerk
18
APPROVED AS TO FORM:
19
20
21 '
Michael J. Reynolds,
22 City Attorney
23
24 P LisHED: 7
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26
Ordinance No. 5026
Septen~ber 18, 1997
Page 3
Chapter 18.02
GENERAL PROVISIONS
SECTIONS:
18.02.010 Short title.
18.02.020 Purpose.
18.02.030 Scope.
18.02.040 Administrative interpretations.
18.02.050 Zoning for annexed land.
18.02.010 Short title.
This ordinance shall be known as "The Comprehensive Zoning
Ordinance" of the City of Auburn which shall constitute Title 18
of the Auburn City Code and shall hereafter be referred to as
this Title.
18.02.020 Purpose.
A. The purpose of this Title is to implement the City of
Auburn's Comprehensive Plan. This Title will be used to
further the growth and development of the City of Auburn
consistent with the adopted Comprehensive Plan and its imple-
menting elements. This Title will also further the purpose of
promoting the health, safety, morals, convenience, comfort,
prosperity, and general welfare of the City's population and
to prevent and abate public nuisances.
B. The specific zones and regulations herein are designed to
facilitate.adequate provisions of utilities, schools, parks
and housing with essential light, air, privacy, and open
space; to lessen congestion on streets and facilitate the
safe movement of traffic thereon; to stabilize and enhance
property values; to prevent the overcrowding of land; to
facilitate adequate provisions for doing public and private
business and thereby safeguard the community's economic
structure upon which the prosperity and welfare of all
depends and through such achievements help ensure the safety
and security of home life, foster good citizenship,~ create
and preserve a more healthful, serviceable and attractive
municipality and environment in which to live.
Exhibit "A"
Ordinance No. 5026 18.02-1
C. To most effectively accomplish these purposes, this Title
divides the City into zones wherein the location, height and
use of buildings, the use of land, the size of yards and
other open space, and the provision of off-street parking and
loading are regulated and restricted in accordance with the
Comprehensive Plan for the City of Auburn. These zones and
regulations are hereby deemed necessary and are made with
reasonable consideration, among other things, as to the
character of each zone and its particular suitability for
specific uses, the need for such uses, the common rights and
interests of all within the zone as well as those of the
general public, and with the view of conserving and
encouraging the most appropriate use of land throughout the
City and to prevent and abate public nuisances.
18.02. 030 Scope.
A. The provisions of this Title shall apply to both public and
private use of land within the corporate limits of the City
of Auburn.
B. Hereafter, no use shall be conducted and no building,
structure and appurtenance shall be erected, relocated,
remodeled, reconstructed, altered or enlarged unless in
compliance with the provisions of this Title, and then only
after securing all permits and approvals required hereby. It
shall be unlawful to build or use any building or structure
or to use premises in the City for any purpose or use other
than the uses listed as being permitted in the district in
which such building, land, or premises are located.
C. Any building, structure or use lawfully existing at the time
of passage of this Title, although not in compliance
therewith, may continue as provided in Chapter 18.54 herein.
D. In interpreting and applying the provisions of this Title,
they shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare
and to prevent and abate public nuisances. It is not intended
by this Title to interfere with, abrogate or annul any
easements, covenants or other agreements between private
parties. However, where .this Title imposes a greater
restriction upon the us~ of land and/or buildings or in
general requires higher~ standards than other ordinances,
rules, or private agreements, the provisions of this Title
shall govern.
Exhibit "A''~
Ordinance No.. 5026
18.02-2
E. No division of land shall occur unless in compliance with the
provisions of this Title.
F. This Title is not intended to regulate the erection,
construction, or reconstruction of public streets, power
poles, street lights, utility lift stations, transmission
lines, or other public uses necessary to support the general
public welfare, carried on by the City of Auburn, or agents
of the City working under the appropriate contract or
franchise.
18.02.040 Administrative interpretations.
The Planning Director shall be authorized to interpret the
meaning of words, phrases and sentences which relate to the
determining of uses permitted in the various districts, approval
or disapproval of development plans, or other related zoning
actions.
The Planning Director may permit other uses in a zone other
than those which are listed, if the Director determines the use
is consistent with the intent of the zone and is of the same
general character of the uses permitted within the zone.
Administrative interpretations may be appealed to the Hearing
Examiner as prescribed in Chapter 18.70.
18.02.050 Zoning for annexed land.
Prior to any parcel of land being annexed to the City, the
property may be zoned consistent with the Auburn zoning districts
and the Comprehensive Plan amended if necessary.
Application for the rezone and necessary amendment may be
done simultaneously with the request for annexation.
For property that is not zoned prior to annexation the
property shall assume the R-1 designation upon annexation.
If applicable, the Planning Director may be empowered to
initiate a rezone application from the R-1 designation to a zone
compatible with the Comprehensive Plan. This rezone process shall
occur within six (6) months of the date of annexation.
18.09.. 060 Zon~ ng for property ~ nf] uenced by the Auburn C~ ty
A~ rport.
Refer to Cha~ter 18.38 to determ4ne 4 f your property w~ ] ] be
requ~ red to con~p] y w~ th add~ t~ ona] regulat~ ons that are
assoc~ ated w~ th the a~ r~ort.
D\ZON2\lS-02
Exhibit "A"
Ordinance No. 5026
18.02-3
Chapter 18.38
CF AIRPORT LANDING FIELD DISTRICT
Sections:
18.38.010 Intent.
t 8.38.020 Permitted uses.
18.38.030 Restricted uses.
18.38.040 Zones established generally.
18.38.050 Approach zone.
18.38.060 Transition zone.
18.38.070 Horizontal zone.
18.38.080 Conical zone.
18.38.085 Obstacle Free Area
18.38.090 Height limitations - Generally.
18.38.100 Height limitations - Noninstrument approach zones.
18.38.110 Height limitations - Transition zones.
18.38.120 Height limitations - Horizontal zones.
18.38.130 Height limitations - Conical zones.
18.38.140 Nonconforming structures and trees - Continuation allowed when.
18.38.150 Nonconforming structures and trees - Marking and lighting.
18.38.160 Structure and use permits.
18.38.170 Nonconforming structures or trees - Alteration.
18.38.180 Nonconforming structures or trees - abandoned or destroyed -
Permit prohibited.
18.38.190 Requirements for variances.
18.38.200 Variance - Grant conditions.
18.38.210 Decision appeals - Generally.
18.38.220 Conflicting regulations.
18.38.230 Enforcement.
18.38.240 Violation - Penalty.
18.38.250 Development standards.
18.38.010 Intent.
The intent of this chapter is to provide for the operation and management of the
Auburn Municipal Airport. It is found that an airport hazard endangers the lives and
property of users of the municipal airport and of occupants of land or property 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 municipal airport and the public investment therein.
Accordingly, it is declared that:
A. The creation or establishment of an airport hazard is a public nuisance and an
injury to the region served by the municipal airport;
B. It is 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. The prevention of these hazards should be accomplished, to the extent legally
possible, by the exercise of the police power without compensation. It is further
declared that both the prevention or the creation of establishment of airport
]E~dljJS~t "2~""
Ordinance No. 50~6
18.38-1
hazards and the elimination, removal, alteration, mitigation or marking and
lighting of existing airport hazards are public purposes for which political
subdivisions may raise and expend public funds and acquire land or interests in
land.
18.38.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land shall only be used for the
following, unless otherwise provided for in this Title:
A. Landing, taking off and flying of aircraft, excluding ultralights as defined by
Auburn City Code Section 18.36.010;
B. Businesses incidental to and necessary or convenient for airport operations,
including offices, eating establishments, restrooms, hangars, shops for light
repairs, gasoline and oil sales and accessory structures therefore;
C. Other uses as determined by the Hearing Examiner to be related to operation
and use of the airport.
18.38.030 Restricted uses.
Restricted uses shall be as follows: No use may be made of land within any
airport zone in such a manner as to create electrical interference with radio
communication between the airport and aircraft, making it difficult for fliers using the
airport, impair visibility in the vicinity thereof, or otherwise endanger the landing, taking
off or maneuvering of aircraft.
18.38.040 Zones established generally.
In order to carry out the provisions of this chapter, there are created and
established certain zones which include all of the land lying within the noninstrument
approach zone, transition zone, horizontal zone,..-aR~l conical zone, and obstacle free
areas. Such areas and zones are shown on the "City of Auburn Municipal Airport
Imaginary Zoning Map," datod February, 1069, Master Plan Update, 1993-2013, dated
February 1995, and Federal Air Regulations (FAR) Part 77 as amended. which is on file
in the City Clerk's office. The various zones are established and defined as follows in
Sections 18.40.050 through 18.40.080.
18.38.050 Approach zone.
A noninstrument approach surface is established at each end of all
noninstrument runways for landings and takeoffs. Th inner width of the approach
surface is two hundred fifty (250) feet at a distance of two hundred (200) feet beyond
the physical end of the runway, and it expands uniformly to a width of twelve hundred
fifty (1,250) feet. This approach surface extends for a horizontal distance of five
thousand (5,000) feet at a slope of twenty to one (20:1). The elevation of the inner
width of the approach surface is the same as the elevation of the nearest point on the
runway centerline.
18.38.060 Transitional zone.
The transitional surface extends outward and upward jat right angles to the
runway centerline and the runway centerline extends at a slope of seven to one (7:1)
from a line one hundred twenty-five (125) feet from the runway centerline or runway end
Exh~ Bit "A"
Ordinance No. 5026 18.38-2
and from the sides of the approach surfaces. The elevation of the line one hundred
twenty-five (125) feet from the runway centerline or runway centerline extended for two
hundred (200) feet beyond each runway end is the same as the elevation of the nearest
point on the runway centerline.
18.38.070 Horizontal zone.
A horizontal surface is established above the airport. This horizontal surface is a
plane one hundred fifty (150) feet above the established airport elevation. The
perimeter of which is constructed by swinging arcs five thousand (5,000) feet in a radius
from the center of each end of the primary surface of the runway and connecting the
adjacent arcs by lines tangent to those arcs. The primary surface is longitudinally
centered on the runway with a width of two hundred fifty (250) feet and extends two
hundred (200) feet beyond each end of the runway.
18.38.080 Conical.
A conical surface is established which extends outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal
distance of four thousand (4,000) feet.
18.38.085. Obstacle Free Area.
An area extending 250 feet either side of the runway and 600 feet off either end
of the runway, The Obstacle Free Area (OFA) must be kept clear of any structures,
fencing, landscaping, parking, or vehicular circulation not directly related to aircraft
operations at the Auburn Municipal Airport.
18.38.090 Height limitations - Generally.
Except as otherwise provided in this chapter, no structure or tree shall be
erected, altered, allowed to grow or maintained in any zone created in this chapter to a
height in excess of the height limit established in Sections 18.38.100 through 18.38.130
for such zone.
18.38.100 Height limitations - Noninstrument approach zone.
The height limitations for noninstrument approach surfaces begin at a point two
hundred (200) feet from and at the centerline elevation of the end of the runway and
extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty to
one (20:1 ).
18.38.110 Height limitations - Transition zones.
The height limitations for transition zones shall be as follows: One (1) foot in
height for each seven (7) feet in horizontal distance beginning at any point one hundred
twenty-five (125) feet normal to and at the elevation of the centerline of noninstrument
runways, extending two hundred (200) feet beyond each end thereof, extending to a
height of one hundred fifty (150) feet above the airport elevation which is fifty-nine (59)
feet above mean sea level. In addition to the foregoing, there are established height
limits of one (1) foot vertical height for each seven (7) feet horizontal distance measured
from the edges of all approach zones for the entire length of'the approach zones and
Exhibit "A"
Ordinance No. 5026
18.38-3
extending upward and outward to the points where they intersect the horizontal or
conical surfaces.
18.38.120 Height limitations - Horizontal zones.
The height limitation for a horizontal zone shall be as follows. One hundred fifty
(150) feet above the airport elevation or a height of two hundred nine (209) feet above
mean sea level.
18.38.130 Height limitations - Conical zones.
The conical surface involves a slope of twenty to one (20:1) for a horizontal
distance of four thousand (4,000) feet. The relative difference in elevation between the
inner and outer edge of the conical surface is two hundred (200) feet. The elevation of
the outer edge of the conical surface is three hundred (300) feet above the established
airport elevation.
18.38.140 Nonconforming structures and trees - Continuation allowed when.
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 March 22, 1969, or otherwise interfere with the continuance of
any nonconforming use.
18.38.150 Nonconforming .structures and trees - Marking and lighting.
Notwithstanding the prows~ons of Section 18.40.140, the owner of any
nonconforming structure or tree is required to permit the installation, operation and
maintenance thereon of such markers and lights as are deemed necessary by the
Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the
presence of such aircraft hazards. Such markers and lights shall be installed and
operated and maintained by the City.
18.38.160 Structure and use permits.
A. Except as specifically provided in subdivisions 1, 2 and 3 of this subsection, no
material change shall be made in the use of land and no structure or tree shall
be erected, altered, planted or otherwise established in any zone created by this
chapter unless a permit has been applied for and granted by the Building
Department of the City. Each application for a permit shall indicate the purpose
for which the permit is desired, with sufficient information to permit it to be
determined whether the resulting use, structure or tree would conform to the
regulations therein prescribed. If such determination is in the affirmative, the
permit shall be granted.
1. In the area lying within the limits of the horizontal zone and the conical
zone, no permit shall be required for any tree or structure less ;then
seventy-five 975) feet of vertical height above the ground, except When
because of terrain, land contour or topographic features such tree or
structure would extend above the height limits prescribed for such zone.
2. In the area lying within the limits of the noninstrument approach surface
but at a horizontal distance of not 'li~ss than five thousand (5,000) feet
from a point two hundred (200) feet from each end of the runway, no
Exhibit "A"
Ordinance No. 5026 18.384
permit shall be required for any tree or structure less than seventy-five
(75) feet of vertical height above the ground, except when such trees or
structures would extend above the height limit prescribed for such
noninstrument approach zone.
3. The transitional surface does not extend beyond the perimeter of the
horizontal surface.
18.38.170 Nonconforming structures or trees - Alteration.
A. Before any nonconforming structure or tree may be replaced, substantially
altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be
secured from the Airport Manager and if applicable the Building Official.
B. No permit shall be granted that would allow the establishment or creation of an
airport hazard or permit a nonconforming use, structure or tree to be made or
become higher, or become a greater hazard to air navigation, than it was on
March 22, 1969, or than it is when the application for a permit is made. Except
as indicated, all applications for such a permit shall be granted.
18.38.180 Nonconforming structures or trees - Abandoned or destroyed -
Permit prohibited.
Whenever the airport manager determines that a nonconforming structure or tree
has been abandoned or more than eighty (80%) percent torn down, physically
deteriorated or decayed, no permit shall be granted that would allow such structure or
tree to exceed the applicable height limit or otherwise deviate from the zoning
regulations.
18.38.190 Requirements for variances.
Any person desiring to erect or increase the height of any structure, or permit the
growth of any tree, or use his property, not in accordance with the regulations
prescribed in this chapter, may apply to the Hearing Examiner for a variance from such
regulation. Such variances shall be allowed where it is duly found that a literal
application or enforcement of the regulation should result in practical difficulty or
unnecessary hardship and the relief granted would not be contrary to the public interest
but will do substantial justice and be in accordance with the spirit of this chapter.
18.38.200 Variance - Grant conditions.
Any variance granted may, if such action is deemed advisable to effectuate the
purpose of this chapter and is reasonable in the circumstances, be so conditioned as to
require the owner of the structure or tree requesting a variance to install, operate and
maintain at his own expense such markers and lights as may be necessary to indicate
to fliers the presence of an airport hazard.
18.38.210 Decision appeals - Generally.
Any person aggrieved, or any taxpayer affected, by any decision of the City of
Auburn made in its administration of this chapter may appeal to the Hearing Examiner.
EXhibit "A"
Ordinance No. 5026 18.38-5,
18.38.220 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations
prescribed in this chapter and any other regulations applicable to the same area,
whether the conflict is with respect to the height of structures or trees, the use of land,
or any other matter, the more stringent limitation or requirement shall govern and
prevail.
18.38.230 Enforcement.
It shall be the duty of the airport manager and building official to administer and
enforce the regulations prescribed in this chapter.
18.38.240 Violation ~ penalty.
Each violation of this chapter or of any regulation, order or ruling promulgated
under this chapter constitutes a misdemeanor and is punishable as provided in Section
1.24.010 of this code. Each day a violation continues to exist constitutes a separate
offense.
18.38.250 Development standards.
A. Minimum lot area: none required.
B. Minimum lot width: none required.
C. Minimum lot depth: none required.
D. Maximum lot coverage: none required.
E. Maximum building height: four (4) stores not to exceed forty-five (45) feet,
except as restricted elsewhere by this chapter.
F. Minimum yard setbacks:
1. Front: twenty (20) feet,
2. Side, interior: none required,
3. Side, street: fifteen (15) feet,
4. Rear: none required.
G. Fences and hedges: see Chapter 18.48.
H. Parking: see Chapter 18.52.
I. Landscaping:see Chapter 18.50.
J. Signs: see Chapter 18.56.
D~ZON2\I 8-38
Exhibit "A" 18.38-6
Ordinance No. 5026