[1]
Editor's Note: Legislation previously included in Ch. 17.58: Vol. 5, p. 362, 1979; Res. 83-10; and Ords.83-Z-2 and 88-4.
The purpose and intent of this chapter is to establish an airport overlay zoning district on properties located on, adjacent to, and in the vicinity of public-use airports including Easton State, Cle Elum Municipal, DeVere Field and Kittitas County Airport (Bowers Field), in order to protect the health, welfare, safety, and quality of life of the general public, property owners, airport operators, and aviation community; and also to ensure compatible land uses in the vicinity of the affected environments of the airport overlay zoning district. With regulations set forth in the Adopted 14 CFR Federal Aviation Regulations Part 77.
(Ord. 2001-10 (part), 2001; Ord. 2007-22, 2007; Ord. 2021-015, 2021)
This chapter is adopted pursuant to RCW 36.70A.547 and 36.70A.200 which requires a county, city or town to enact development regulations, to discourage the siting of incompatible land uses adjacent to general aviation airports and public-use airports.
(Ord. 2001-10 (part), 2001; Ord. 2007-22, 2007; Ord. 2021-015, 2021)
As used in this chapter, unless the context otherwise requires:
"Airport"
means public-use airports including Easton State, Cle Elum Municipal, DeVere Field and Kittitas County Airport (Bowers Field).
"Airport elevation"
means the airfield elevation in feet above mean sea level depicted on an FAA or WSDOT-approved Airport Layout Plan (ALP), or as published in the FAA Chart Supplement for airports without an approved ALP. The established airport elevations for airports in Kittitas County are as follows:
Kittitas County Airport (Bowers Field) at 1,763 feet above mean sea level
Easton State Airport at 2,226 feet above mean sea level
DeVere Field at 1,800 feet above mean sea level
Cle Elum Municipal Airport at 1,945 feet above mean sea level
"Airport overlay zoning district"
shall include the runway protection zone, inner safety zone, inner turning zone, outer safety zone, sideline zone, and the airport operation zone as depicted on Map "B" - "Airport Safety Zones" and numbered zones 1 through 6, respectively, and shall also encompass the area identified within 14 CFR Federal Aviation Regulations (FAR) Part 77, as amended and depicted on Map "A" - "Part 77".[1]
"Airport surface"
means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and along the same slope as the approach zone height limitation slope set forth in KCC § 17.58.050. The perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach, Transitional, Horizontal, and Conical Zones.
These zones are defined by FAR Part 77, and are described in KCC § 17.58.040A and KCC § 17.58.040B for the runways addressed in this chapter.
"Conical surface"
means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet upward to one foot outward for a horizontal distance of 4,000 feet.
"Flammable and combustible liquids"
shall be defined as the type and design of underground and aboveground liquid storage tanks; the location and design of the fuel dispensers and dispenser nozzles; the design and specifications for related piping, valves and fittings; the location and classification of electrical equipment, including emergency fuel shutdown devices; and specifications for fuel storage and pressure-relief components, and shall be in accordance with Article 52 (5201.3.2(#1) Motor Vehicle Fuel - Dispensing Stations), Article 79 (Flammable and Combustible Liquids, specifically Special Options 7904), Standard of the International Fire Code and all applicable codes.
"Hazard to air navigation"
means an obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
"Height,"
for the purpose of determining the height limits in all zones set forth in this chapter and shown on the airport overlay zoning district map "A", the datum shall be mean sea level elevation unless otherwise specified.
"Horizontal surface"
means a horizontal plane 150 feet above the established airport elevation.
"Larger than utility runway"
means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
"Nonconforming use"
means any preexisting structure, object of natural growth, or use of land, which is inconsistent with the provisions of this chapter.
Nonprecision Instrument Approach.
A nonprecision instrument approach is designed to provide inbound electronic course alignment to aircraft approaching the airport or a specific runway end for landing. Nonprecision instrument approaches may be classified as “straight-in” to a specific runway end, or “circling” to allow an aircraft to land on any runway end on the airfield while maintaining visual contact with the airport environment once past the missed approach point.
"Nonprecision instrument runway"
means a runway having an existing or planned non-precision straight-in instrument approach procedure to at least one runway end.
"Obstruction"
means any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in KCC § 17.58.050.
"Person"
means an individual, firm, partnership, corporation, company, association, joint stock association or government entity. "Person" includes a trustee, a receiver, an assignee, or a similar representative.
Precision Instrument Approach.
A precision instrument approach is designed to provide a defined electronic approach path with horizontal and vertical guidance, utilizing ground based or satellite air navigation facilities. Precision instrument approaches provides defined inbound course alignment and vertical descent for aircraft on final approach and landing to a specific runway end.
"Precision instrument runway"
means a runway having an existing or planned precision instrument approach procedure to at least one runway end.
"Primary surface"
means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is defined by FAR Part 77, and is described in KCC § 17.58.040A and KCC § 17.58.040B for each runway addressed in this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
"Runway"
means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
"Structure"
means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
“Transitional surface”
means the surfaces that extend outward at a 90-degree angle to the runway centerline and the extended runway centerline from the sides of the primary surface and approach surface, at a slope of seven feet horizontally for each one foot vertically, until reaching the horizontal surface, 150 feet above airport elevation. For precision instrument approaches, transitional surfaces also extend from the sides of the outer portion of the approach surface that extend beyond the limits of the conical surface. The precision approach transitional surface extends 5,000 feet horizontally from the edge of the approach surface at 90-degree angles to the extended runway centerline, at a slope of seven feet horizontally for each one foot vertically.
"Tree"
means any object of natural growth.
"Utility runway"
means a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
"Visual runway"
means a runway intended solely for the operation of aircraft using visual approach procedures, including visual segments of circling non-precision instrument approaches.
(Ord. 2001-10 (part), 2001; Ord. 2007-22, 2007; Ord. 2021-015, 2021)
[1]
Editor's Note: Map A and Map B are on file with the Public Works Department.
In order to carry out the provisions of this chapter, there is hereby created an airport overlay zoning district that is composed of the following surface and safety zones for Kittitas County Airport (Bowers Field). The zones cover a geographic area that is affected by airport activities and are defined on the basis of factors including, but not limited to, aircraft noise, aircraft flight patterns, airport safety zones, local circulation patterns and area development patterns. The boundaries of the airport surface and safety zones are shown on airport overlay zoning district Map "A" - "Part 77" and Map "B" - "Airport Safety Zones", which are attached hereto and incorporated by reference, and which shall also be on file and open for inspection in the Kittitas County Community Development Services, Kittitas County Public Works department, and the city of Ellensburg community development department. The surface and safety zones are overlaid on top of the existing underlying zoning, which remains in full force and effect. Where the requirements imposed by the surface and safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced.
1. 
Surface zones. In order to carry out the provisions of this chapter, there are created and established certain surface zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Kittitas County Airport (Bowers Field). Such zones are shown on Kittitas County Airport (Bowers Field) overlay zoning map "A", as amended. Within each of the surface zones there are hereby established certain height restrictions for structures and trees. The surface zones are established and defined as follow:
Note: Runway 11/29 will be re-designated “12/30” in the future due to a change in runway magnetic declination documented on Map "A" - "Part 77." All cited references in this chapter to “Runway 11” or “Runway 29” also apply to the future “Runway 12” and “Runway 30.” All surface elevations for Bowers Field referencing “above airport elevation” assume the existing airport elevation of 1,763 feet above mean sea level, plus the defined vertical height of the airspace surface. (Ord. 2021-015, 2021).
Runways 11 and 29, Larger than Utility, Nonprecision Instrument Approach Zone, with a visibility minimum greater than or equal to one-mile. The 500-foot inner edge coincides with the width and elevation of the primary surface end and slopes 34 feet outward for each one foot upward beginning at the end of the primary surface and extends 10,000 feet along the extended runway centerline. The surface expands to a width of 3,500 feet at its end and its centerline is the continuation of the runway centerline as depicted on map "A".
Height Restrictions: No object shall penetrate the imaginary line created by a slope 34 feet outward for each one foot upward beginning at the inner end of the surface and extending for a distance of 10,000 feet along the extended runway centerline.
Runway 25, Larger than Utility, Nonprecision Instrument Approach Zone, with a visibility minimum greater than or equal to one-mile. The 500-foot inner edge coincides with the width of the primary surface and slopes 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extends 10,000 feet along the extended runway centerline. The surface expands to a width of 3,500 feet at its end and its centerline is the continuation of the runway centerline as depicted on map "A".
Height Restrictions: No object shall penetrate the imaginary line created by a slope 34 feet outward for each one foot upward beginning at the inner end of the surface and extending for a distance of 10,000 feet along the extended runway centerline.
Runway 07, Larger than Utility, Visual Approach Zone, with a visibility minimum greater than or equal one-mile. The 500-foot inner edge coincides with the width of the primary surface and slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extends 5,000 feet along the extended runway centerline. The surface expands to a width of 2,000 feet at its end and its centerline is the continuation of the runway centerline as depicted on map "A".
Height Restrictions: No object shall penetrate the imaginary line created by a slope 20 feet outward for each one foot upward beginning at the inner end of the surface and extending for a distance of 5,000 feet along the extended runway centerline.
Transitional Zones. This zone is defined by a slope seven feet outward for each one foot upward beginning at the sides of, and at the same elevation as the primary surface and the approach surfaces, measured at 90-degree angles to the runway centerline, and extending to a height of 150 feet above the airport elevation (horizontal zone), which is 1,913 feet above mean sea level.
Height Restrictions: No object shall penetrate the imaginary line created by a slope seven feet outward for each one foot upward beginning at the sides of and the same elevation as the primary surface or approach surfaces, and extending to where they connect to the horizontal zone. Further, where a precision instrument runway approach zone projects beyond the conical zone, no object shall penetrate the imaginary line created by a slope seven feet outward for each one foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
Horizontal Zone. The zone is established at 150 feet above the airport elevation (1,913 feet above mean sea level) by swinging arcs of 5,000 feet for all runway ends designated utility or visual, and 10,000 feet for all other runways, from the intersection of the extended runway centerline and the end of the primary surface for each runway end. The adjacent arcs are connected by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
Height Restrictions: No object shall penetrate the imaginary horizontal line created at 150 feet above the airport elevation, or 1,913 feet above mean sea level.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from for a horizontal distance of 4,000 feet as depicted in map "A".
Height Restrictions: No objects shall penetrate the imaginary line created by a slope 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone (150 feet above the airport elevation) and extending to a height up to 350 feet above the airport elevation.
2. 
Safety zones. In order to carry out the provisions of this chapter and to promote land use compatibility on lands within and adjacent to and in the vicinity of the Kittitas County Airport (Bowers Field), there are created and established certain safety zones. Such safety zones are shown on Kittitas County Airport (Bowers Field) overlay zoning district map "B", as amended. Within each of the safety zones, certain land use limitations are established and certain development standards are imposed in addition to the land uses and development standards of the underlying zoning. Where the requirements imposed by these safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced. The safety zones are established and defined as follows:
a. 
Runway Protection Zone 1. An area extending beyond the centerlines of runways 11, 29, 07, and 25 as depicted on map "B" (shaded area #1). This zone begins from the outer boundaries of the primary surface, 200 feet from the ends of the runways and extends out 1,700 feet to its widest point, which measures 1,010 feet across, 505 feet on either side of the runway centerline.
b. 
Inner Safety Zone 2. An area extending beyond the centerlines of runways 11, 29, 07, and 25 as depicted in map "B" (shaded area #2). This zone begins at the end of the runway protection zone 1 and extends out 2,800 feet, The zone measures 1,010 feet across, 505 feet on either side of the runway centerline.
c. 
Inner Turning Zone 3. A fan shaped area extending beyond the center lines of runways 11, 29, 07, and 25 as depicted on map "B" (shaded area #3). This zone begins at the primary surface, 200 feet from the end of the runway centerline and extends out with a 60-degree radius arc on either side of the runway centerline to 4,500 feet and connects to the centerline of the inner safety zone with sweeping arcs.
d. 
Outer Safety Zone 4. Area extending beyond the centerlines of runways 11, 29, 07, and 25 as depicted on map "B" (shaded area #4). This zone begins at the end of the inner safety zone and extends out 3,000 feet. The zone measures 1,000 feet across, 500 feet on either side of the runway centerline.
e. 
Sideline Zone 5. An area adjacent to runways 11, 29, 07, and 25 as depicted on map "B" (shaded area #5). This zone begins from the outer boundaries of the primary surface, and extends out 1,000 feet perpendicular to the primary surface and connects to the 60-degree sector of the inner turning zone.
f. 
Airport Operations Zone 6. This zone is depicted on map "B" (shaded area #6) and begins from the outer boundaries of the sideline zone and extends out 5,000 feet perpendicular to the primary surface and connects to the 60degree sector of the inner turning zone.
(Ord. 2001-10 (part), 2001; Ord. 2007-22, 2007; Ord. 2021-015, 2021)
In order to carry out the provisions of this chapter, there is hereby created an airport overlay zoning district that is composed of the following surface and safety zones for the Easton State, Cle Elum Municipal and DeVere Field. The zones cover a geographic area that is affected by airport activities and are defined on the basis of factors including, but not limited to, aircraft noise, aircraft flight patterns, airport safety zones, local circulation patterns and area development patterns. The surface and safety zones are overlaid on top of the existing underlying zoning, which remains in full force and effect. Where the requirements imposed by the surface and safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced. With the exception of those necessary and incidental to airport operations, no uses shall be permitted that allow buildings, structures, vegetation or other development that penetrates the imaginary air surfaces described below.
1. 
Surface zones. In order to carry out the provisions of this chapter, there are created and established certain surface zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to each airport Kittitas County Airport (Bowers Field). Such zones are shown on Kittitas County Airport (Bowers Field) overlay zoning map "A" for each airport, as amended. Within each of the surface zones there are hereby established certain height restrictions for structures and trees. The surface zones are established and defined as follows:
Approach Zone. A surface longitudinally centered on the extended runway centerline. Its centerline is the continuation of the runway centerline as depicted on map "A".
Visual Runways. The 250-foot or 500-foot inner edge coincides with the width of the primary surface and slopes 20 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and expands to a width of 1,250 feet or 1,500 feet at a horizontal distance of 5,000 feet along the extended runway centerline. The variable surface widths noted in this section are determined based on “Utility” or “Larger than Utility” FAR Part 77 designations assigned to each runway.
Nonprecision Instrument Approach Zone. The 500-foot inner edge coincides with the width of the primary surface and slopes 20 feet or 34 feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and expands to a width of 2,000 or 3,500 feet at a horizontal distance of 5,000 feet or 10,000 feet along the extended runway centerline. The variable surface widths noted in this section are determined based on “Utility” or “Larger than Utility” FAR Part 77 designations assigned to each runway.
Precision Instrument Approach Zone. The 1,000-foot inner edge of this approach zone coincides with the width of the primary surface and slopes 50 feet outward for each one foot upward for the first 10,000 feet of this zone and 40 feet outward for each one foot upward for the remaining 40,000 feet of this zone. The zone begins at the end of and at the same elevation as the primary surface. The approach zone expands uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway as depicted on map "A". Note: The precision instrument approach zone does not currently apply to for the group of airports included in this section.
Transitional Zones. This zone is defined by a slope seven feet outward for each one foot upward beginning at the sides of, and at the same elevation as the primary surface and the approach surfaces, measured at 90-degree angles to the runway centerline, and extending to a height of 150 feet above the airport elevation (horizontal zone), which varies by airport. Where the precision instrument runway approach zone projects beyond the conical zone, no object shall penetrate the imaginary line created by a slope seven feet outward for each one foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline. Note: The precision instrument approach zone transitional surface does not currently apply to for the group of airports included in this section.
Height Restrictions: No object shall penetrate the imaginary line created by a slope seven feet outward for each one foot upward beginning at the sides of and the same elevation as the primary surface or approach surfaces, and extending to where they connect to the horizontal zone.
Horizontal Zone. The zone is established at 150 feet above the airport elevation (varies by airport) by swinging arcs of 5,000 feet for all runway ends designated utility or visual, and 10,000 feet for all other runways, from the intersection of the extended runway centerline and the end of the primary surface for each runway and connecting adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
Height Restrictions: No object shall penetrate the imaginary horizontal line created at 150 feet above the airport elevation.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from for a horizontal distance of 4,000 feet as depicted in map "A".
Height Restrictions: No objects shall penetrate the imaginary line created by a slope 20 feet outward for each one foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height up to 350 feet above airport elevation.
2. 
Safety zones. In order to carry out the provisions of this chapter and to promote land use compatibility on lands within and adjacent to and in the vicinity of each airport, there are created and established certain safety zones. Such safety zones are shown for each airport on overlay zoning district map "B", as amended. Within each of the safety zones, certain land use limitations are established and certain development standards are imposed in addition to the land uses and development standards of the underlying zoning. Where the requirements imposed by these safety zones conflict with the requirements of the underlying zoning, the more restrictive requirement shall be enforced. The safety zones are established and defined as follows:
a. 
Runway protection zone 1. An area extending beyond the centerlines of each runway end, as depicted on map "B" (shaded area #1). This zone begins from the outer boundaries of the primary surface, 200 feet from the ends of the runways and extends out 1,700 feet to its widest point, which measures 1,010 feet across, 505 feet on either side of the runway centerline.
b. 
Inner safety zone 2. An area extending beyond the centerlines of each runway end, as depicted in map "B" (shaded area #2). This zone begins at the end of the runway protection zone 1 and extends out 2,800 feet. The zone measures 1,010 feet across, 505 feet on either side of the runway centerline.
c. 
Inner turning zone 3. A fan shaped area extending beyond the center lines of each runway end, as depicted on map “B” (shaded area #3). This zone begins at the primary surface, 200 feet from the end of the runway centerline and extends out with a 60-foot radius arc on either side of the runway centerline to 4,500 feet and connects to the centerline of the inner safety zone with sweeping arcs.
d. 
Outer safety zone 4. Area extending beyond the centerlines of each runway end, as depicted on map "B" (shaded area #4). This zone begins at the end of the inner safety zone and extends out 3,000 feet. The zone measures 1,000 feet across, 500 feet on either side of the runway centerline.
e. 
Sideline zone 5. An area adjacent to each runway end, as depicted on map "B" (shaded area #5). This zone begins from the outer boundaries of the primary surface, and extends out 1,000 feet perpendicular to the primary surface and connects to the 60-degree sector of the inner turning zone.
f. 
Airport operations zone 6. This zone is depicted on map "B" (shaded area #6) and begins from the outer boundaries of the sideline zone and extends out 5,000 feet perpendicular to the primary surface and connects to the 60-degree sector of the inner turning zone.
(Ord. 2007-22, 2007; Ord. 2010-014, 2010; Ord. 2021-015, 2021)
1. 
General Development Requirements and Restrictions Applicable to All Zones.
a. 
Underlying zoning requirements. In addition to the airport overlay zoning district development requirements and restrictions set forth in subsections (A)(2) through (9) of this section and in the table in subsection B of this section, all uses and activities are at all times subject to the requirements of the underlying zoning district. Where the requirements and restrictions imposed by the airport overlay zoning district surface and safety zones conflict with the requirements of the underlying zoning district, the more restrictive requirement shall be applied.
b. 
Pre-annexation/annexation. Once the parcel is annexed into a defined city limits, the parcel shall adopt by reference the density requirements of the respective city, where applicable.
c. 
Height. All uses shall be subject at all times to the height restrictions set forth in KCC § 17.58.040(A).
d. 
Signal and radio communication interference. Electrical interference with navigational signals or radio communication between the airport and aircraft is prohibited and will be regulated in accordance with rules and regulations promulgated and enforced by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) regulations.
e. 
Lighting and glare. Activities or uses that create lighting which make it difficult for pilots to distinguish between airport lights and non-airport lights or that create glare in the eyes of pilots using the airport are prohibited. All outdoor lighting fixtures shall be arranged and shielded so that area lighting shall not shine into the sky.
f. 
Visibility. Activities or uses that create excessive amounts of dust, smoke, or other emissions that may result in impairment of visibility in the vicinity of the airport are discouraged and will be regulated in accordance with rules and regulations promulgated and enforced by the Washington State Department of Ecology under the Clean Air Act and other state and federal regulations.
g. 
Large bodies of water. Activities or uses that create large areas of standing water are discouraged and shall be reviewed and regulated in accordance with the provisions set forth in the county's State Environmental Policy Act (SEPA) regulations as set forth in Chapter 15.04 KCC.
h. 
Flammable and combustible material. Flammable and combustible liquids and specifications for fuel storage shall be in accordance with the International Fire Code and all applicable codes as adopted in KCC Title 14, Buildings and Construction.
i. 
Noise insulation. Noise insulation for new structures shall be in accordance with the International Building Code and the Washington State Energy Code as adopted in KCC Title 14, Buildings and Construction.
j. 
Subdivision. When any division of land including short plats, plats, cluster subdivisions, and planned unit developments, occur on any land within the airport overlay zoning district safety zones 1 through 6, a note located on the first page of the plat, shall be recorded with the county auditor as follows:
This property is located within the Airport Overlay Zoning District in which a variety of airport aviation activities occur. Such airport aviation activities may impact the use of your property.
2. 
Use table. Note: All aviation uses are acceptable only on airport property. Electric Vehicle Infrastructure is permitted in all zones. See KCC Chapter 17.66
Airport Overlay Zones
Applicable uses
Zone 1
(Runway Protection Zone)
1. Land uses, which by their nature will be relatively unoccupied by people should be encouraged (mini-storage, small parking lots, etc.)
2. Schools, play fields, hospitals, nursing homes, and churches are prohibited.
Zone 2
(Inner Safety Zone)
1. Schools, play fields, hospitals, nursing homes, and churches are prohibited.
2. Outside of an existing Urban Growth Area (UGA) the average density will be one dwelling unit per three acres on the property at the date of adoption of this ordinance [July 17, 2001].
3. Inside of an existing Urban Growth Area (UGA) the average density will be one dwelling unit per one acre on the property at the date of adoption of this ordinance [July 17, 2001].
Zone 3
(Inner Turning Zone)
1. Schools, play fields, hospitals, nursing homes, and churches are prohibited.
2. Flammable and combustible liquids and specifications for fuel storage shall be in accordance with Articles 52 and 79, the International Fire Code (IFC) standard, and applicable codes.
3. Outside of an existing Urban Growth Area (UGA) the average density will be one dwelling unit per three acres on the property at the date of adoption of this ordinance [July 17, 2001].
4. Inside of an existing Urban Growth Area (UGA) for lands zoned Agricultural - 3 the average density will be one dwelling unit per three acres on the property at the date of adoption of this ordinance [July 17, 2001].
5. Inside of an existing Urban Growth Area (UGA) for lands zoned Urban Residential or Rural Residential the average density will be one unit per one acre on the property at the date of adoption of this ordinance [July 17, 2001].
Zone 4
(Outer Safety Zone)
1. Schools, play fields, hospitals, nursing homes, and churches are prohibited.
2. Outside of an existing Urban Growth Area (UGA) the average density will be one dwelling unit per three acres on the property at the date of adoption of this ordinance [July 17, 2001].
3. Inside of an existing Urban Growth Area (UGA) for lands zoned Urban Residential or Rural Residential the average density will be one dwelling unit per one acre on the property at the date of adoption of this ordinance [July 17, 2001].
Zone 5
(Sideline Zone)
1. All aviation related uses are permitted.
2. Schools, play fields, hospitals, nursing homes, and churches are prohibited.
Zone 6
(Airport Operations Zone)
1. All aviation related uses are permitted within airport property.
2. Outside of the existing Urban Growth Area (UGA) the average density will be one dwelling unit per three acres on the property at the date of adoption of this ordinance [July 17, 2001].
3. Inside the existing Urban Growth Area (UGA) the average density will be one dwelling unit per one acre on the property at the date of adoption of this ordinance [July 17, 2001].
(Ord. 2001-10 (part), 2001; Ord. 2007-22, 2007; Ord. 2011-013, 2011; Ord. 2021-015, 2021)
1. 
Future uses. Except as specifically provided in subsections (A)(1), (2), and (3) of this section, 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 therefore has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree is consistent with the provisions of this chapter. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with subsection D of this section.
a. 
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 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 zones.
b. 
In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 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 the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
c. 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
d. 
As a condition for approval of new development within the approach surfaces or safety zones a notice shall be recorded with the county auditor prior to final approval of new subdivisions, short subdivisions, building permits, conditional use permits, special use permit or other similar permits, unless said notice is already recorded on the property. Said notice shall state: "This property is located adjacent to an airport and routinely subject to overflight activity by aircraft using the airport; residents and tenants may experience inconvenience, annoyance, or discomfort from noise, smell or other effects of aviation activities."
2. 
Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of the ordinance codified in this chapter or any amendments thereto or than it is when the application for a permit is made.
3. 
Nonconforming uses abandoned or destroyed. Whenever the airport manager, or his or her designee, determines that a nonconforming or structure has been abandoned or more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure to exceed the applicable height limit or otherwise deviate from the zoning regulations.
4. 
Variances. 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 Hearing Examiner for a variance from such regulations. The application for variance shall be accomplished 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. 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. A copy of the variance application shall be forwarded to the Kittitas County Community Development Services department consistent with the notification procedures under KCC Title 15A.
5. 
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary.
6. 
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 Part 77, "Objects Affecting Navigable Airspace".
(Ord. 2001-10 (part), 2001; Ord. 2007-22, 2007; Ord. 2012-009, 2012; Ord. 2021-015, 2021)
The regulations prescribed in 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 at the effective date of the ordinance codified in this chapter, nor shall such be construed to require any change in the construction or alteration of any structure or tree which was begun prior to the effective date of the ordinance codified in this chapter, and which is diligently being prosecuted.
(Ord. 2001-10 (part), 2001)
It shall be the duty of the code enforcement official of the Kittitas County building department to administer and enforce the regulations prescribed in this chapter.
(Ord. 2001-10 (part), 2001; Ord. 2021-015, 2021)
Any person aggrieved, by any order, requirement, decision or determination made by an administrative official in the processing of any application made under this chapter or in the actual decision made as required by this chapter may appeal to the Hearing Examiner as provided in RCW 14.12.190.
(Ord. 2001-10 (part), 2001; Ord. 2012-009, 2012; Ord. 2021-015, 2021)
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 be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
(Ord. 2001-10 (part), 2001; Ord. 2021-015, 2021)