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1723_00001ORDINANCE NO.1723 ANORDINANCECREATINGCHAPTER18.350F THE MOSESLAKEMUNICIPAL CODE ENTITLED "MUNICIPALAIRPORTZONE" THECITYCOUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDO ORDAINAS FOLLOWS: Section 1.Chapter 18.35 of theMoses Lake Municipal Code entitled "Municipal Airport Zone"is created as follows: 16.35.010 Purpose:This zone relates to the propertywithin the boundary of theMoses Lake MunicipalAirport.The primary purposes of the Moses Lake Municipal Airport Zone are: A.To assure thatthe propertycomprisingthe Moses Lake Municipal Airport willcontinue tobeusedinamannerthatiscompatiblewithgeneralaviationairportandaircraftoperations. B.To establish a framework within which both commercial and recreational aviation andaviation-relatedactivitiescan prosper. 18.35.020 Permitted Uses: A.Permitted aviation uses include,but are not limited to,the following types of activitiesprovidedtheycomplywiththedevelopmentstandardsofthischapter: 1.Runways,taxiways,navigational equipment,aircraft parkingareas,and other facilities and features normallyassociated witha general aviationairport. 2.Aircraftsales,repair,rebuild,maintenance service and storage,and the facilitiesessentialfororimportanttotheiroperation. 3.Schools related to aircraft and flight operations and the facilitiesessential for orimportanttotheiroperation. 4.Hangars intended for thestorage ofaircraft 5.Fixedbase operations providingaviation and aircraftservices to the general public. 6,Storage and sale of aviationfuel,oil,and other fluids commonlyused in aircraft. 7.Airterminalfacilitiesincluding those used for both cargo and passengers. 8.Public and semipublic buildings,structures,and uses essential to thewelfare oftheCityofMosesLakesuchasafirestation,pump station,and water storage. 9.Farming 10.Aircraft dismantiing business which is wholly within a building or enclosed by a sightobscuringscreennotlessthaneightfeet(8')in height.All storage shall be kept in amannersothatitwillnotcreateafirehazardoranuisance. B.Permitted commercialuses include,butare not limited to,thefollowingtypesofactivitiesprovidedtheycomplywiththedevelopmentstandardsofthischapter: 1.Retail grocery stores 2.Restaurants and delicatessens C.Permitted medical uses include,but are not limited to,the following typesof activitiesprovidedtheycomplywiththedevelopmentstandardsofthischapter: 1.Structure used to provide first aid and/or medical stabilization necessary priorto airevacuation. 2.Facilities necessary for thestaging of helicopter and fixed-wingair ambulance aircraftincludingthosenecessaryforambulancesandotheremergencyvehicles. 18.35.030 Conditional Uses:The following conditionaluses may be permitted provided theycomply withdevelopmentstandardsofthischapter: A.Light industrial uses B.Warehousing and storage C.Agriculturalaircraftmixing/loadingsites ORD.1723/Page 2 18.35.040 Prohibited Uses:Uses prohibited within the Municipal Airport Zone: A.Kennels B.Automobile wreckingyards C.Residences except as specificallyallowed inthischapter D.Storage of any waste not generated within themunicipal boundaries of the City of Moses Lake as a result ofa business licensed withinthecity E.The treatmentor storage of any hazardous or nuclear waste 18.35.050 Development Standards:Nothing contained herein shall require any change or alterationof a lawfully constructed or established structure or use in existence at the timeofadoption or amendment ofthese regulations.These regulations are intended to regulate the erection orestablishmentofanynewstructureoruse;the movingor relocationof any structure or use to a new location;theoperation or continuance,at any timefollowing theeffective date ofthese regulations,or any structure or use which has been lawfullyestablished,erected,remodeled, or rehabilitated;and the change from one use to another of any structure,or land,or the re- establishment of a use after its discontinuance for a period of one hundred and eight (180)consecutive days or more. A.General 1.AIIuses shall be compatiblewith thecontinued operationofthe airport.No uses shall be allowedwhich: a.Release into the air any substances which would impair visibility or otherwise interfere withtheoperationof aircraft. b.Produce light emissions,either director indirect (reflective),which would interfere with pilot visionincluding thereduction of night vision capability of pilots while ontheground. c.Produce emissions which would interfere with aircraft communications systems or navigational equipment.O2.No temporaryor permanent development intended for human occupancy may be erected,movedto or occupiedwithin the Moses Lake Municipal Airport Zone except thosefacilitiesnecessary totemporarilyshelter individuals responding toan emergen- cy as identified by the City of Moses Lake or other governmental entity and those necessary to house workers on a temporarybasis. 3.No uses shall cause or produce objectionableeffects whichwould impose a hazard or nuisance to adjacent properties by reason of smoke,soot,dust,radiation,odor, noise,vibration,heat,glare,toxicfumes or otherconditions thatwould adverselyaffect the public health,safety,and general welfare. 4.No uses which are labor intensive or which promotethe concentration of people for extended periods of timeshall 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 exhibithazardous characteristics shall be permitted except forthe storage ofaircraftfuel,oil,hydraulic fluid,paint,and materials intended for aerial application for agricultural purposes provided those materials are warehoused,and loaded and unloaded according to thischapter. 6.The delivery,storage,loading,unloading,dispensing and clean-up of pesticides and fertilizers intended foraerialapplication foragriculturalpurposes shall be accomplished according to the timetable and applicable portions of Washington State Department of Agriculture regulations Chapter 16-229 and 16-201 dated March 1994 of the Washington Administrative Code. 7.No structureor any portion thereofon the premises of a permitted use shall be used for a residential dwelling by the owner,operator,caretaker,their family members or othersexcept thosefacilities necessary totemporarilyshelter of individuals responding toan emergency as identified by the City of Moses Lake orother governmentalentity. L Noise originatingfromaircraft in flight and that is directly related to flight operations shall be expected to impact people in surroundingzones and is generallyexemptfrom noise standards.Noisefrom aviationtestingand maintenance,that is not related to imminent flight,shall be restricted to certain hours,locations,or other effective ORD.1723/Page 3 conditions by the City Council upon finding that the noise causes unreasonableimpacts. 2.Reserved for noise levels from other thanflight operations. C.Lighting: 1.Structural lighting with the exception of airport navigational lighting shallnot projectdirectlyintoanyresidentialzone. 2.Sign and building exterior lightingshall not project directly into the runway,taxiway,or airport approachsurfaces tothe extentthat it isa hazard or a distraction to aircraft. 3.Lighting ofvehicle and aircraft parking areas shall not create a nuisance toadjacent zones nor shall it pose a hazard to other vehicular traffic. 4.Airport lighting used to illuminate runways,taxiways,airplane parking areas and toprovidevisualguidanceforlandingaircraftshallcomplywiththischapter. D.Parkinq:A parking site plan mustbe submitted with an applicationfora land use permit.It must include a parking plan which shows the location and number of parking spaces,circulationpattems,and ingress and egress provisions. 1.AII industrial uses withinthe 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.AIIcommercialuses shallcomplywithChapter 18.54,Off-StreetParkingand Loading. 3.AII off-street parking spaces shall have a minimumdimension of nine feet (9')bytwentyfeet(20')for each space and shall be subject to the followingconditions: a.Each shall have an all weather surface b.Each shall be exclusiveof driveways and/oralleys c.The design and location of entrances and exits tocommercialparking lots shallbeconsistentwithcommercialstandards. 4.Alloff-streetparking facilitiesforcommercial,publicinstitutional,and industrial usesshallbelocatednotmorethanthreehundredfeet(300')from the building housing theuse. 5.Uses which are expanded or enlarged shall provide the additionaloff-street parking spaces in accordance with this chapter and Chapter 18.54,Off-Street Parking andLoading. 6.Each parking area which is 4,500 square feet or more in size will be required toprovideaplanoffacilitiestohandlesurfacerunoff.Such a plan of facilitiesshall beconsistentwithcommercialstandards, 7.Alloff-street parkingareas whichare lighted shall be illuminated in such a way as nottocreateanuisanceorhazardtopassingtrafficorcastlightonanyresidentialproperty. 8.AIIoff-street parkingshall be hard surfaced and maintained ifit has an area in excessof1,200 square feet.Such surfacingshall be of such a nature thatit eliminatesdustandmud. E.LoadingArea Requirements:Those uses which have a need foror intend to make useofloadingandunloa¢ingberths shall complywiththe following conditions: O 1 Each berth shall be at least ten feet (10')wide by twenty-fivefeet (25')long byfourteenfeet(14')high. 2.Each berth or berths shall be surfaced and maintained so as to eliminate dust andmud. 3.No part ofa laading or unloadingberth may extend into a publicright-of-way. F.Landscapinq:A landscaping site planmust be submittedwith an applicationfor a landusepermit.It must include the location and typeof plant materials. 1.AII landscaping shall occur at thetimethe subject propertyis developed. ORD.1723/Page 4 2.Boulevard landscaping shallbe used along mainaccess roadways.Landscaping shall be uniformalong the length ofthe perimeterroads and shall consist of ground cover,shrubs,and smalltrees. 3.Buffer landscaping maybe required on perimeterpropertylines of individual develop- ments to minimize noise and visual impacts and to discourage trespass.Buffer landscaping shall consist of ground cover,shrubs,and smalltrees. G.Height Restrictions:The height restrictionscontained in thissection are in accordance with Federal Air Regulations Part 77 "Objects Affecting Navigable Airspace"and Federal Aviation Administration Advisory Circular 150/5300-13 "Airport Design". 1.No structure or objectexceptthosewhose placementis requiredforairportoperations may be located withintheMoses LakeMunicipal Airport Object Free Area defined as a rectangle whose boundaries are three hundred feet (300')from the ends of thepreparedrunwaysurfaceandonehundredtwenty-fivefeet (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 thanforty-fivefeet (45')from the center of any future taxiwayas defined in the Airport Development Plan. 4.Nostructure or object may be located so as to penetrate thetwenty(20)to one (1)approach departure surface extendingfrom the edges of theObjectFree Area at both ends of the runway. H.Setbacks:Setbacks shall be a minimumof: 1.Front setback -fifteen feet (15') 2.Side setback -fifteenfeet (15') 3.Rear setback -none I.Other Requlations 1.A business license mustbe secured from the City of Moses Lake for all business activitiesconducted on airportproperty. 2.Any individual,builder,or developer must submit and have approved by the Planning Commission a building site plan prior tocommencing construction. 3.Any individual,builder,or develoepr must submit and have a recommendation from theAirport Commissionto the Planning Commissionpriorto site plan review. 18.35.060 Violation: A.Upon occurrence of a violation of theprovisionsof this chapter,theBuilding Official shall notifythe responsible person representing the use in violation that a violation of this chapter exists.Such notice shall be in writing,identify the violation,and specifythe time within which theprescribed action to correct the violation must be taken.The person in violation shall have not less than seven (7)days from the issuance ofthe noticeto correct the violation,unless,in the opinion of the Building Official,there is imminent peril to property and/or tothe publichealth,safety,or general welfare in which case theviolation shall be corrected immediately. B.Upon thefailure,neglect or refusalof any person so notifiedto correct a violationof this chapter,the Building Officialshall issue a civilinfraction notice. C.Any violation of theprovisionsof thischapter shall be punishable as defined in Chapter 1.08 of theMoses Lake Municipal Code. D.Where determination of violations can be made by the Building Officialusing equipment normallyavailable to the city or obtained without extraordinary expense,such determina- tion shall be so made before a noticeof violation issued.Where technicalcomplexityor extraordinary expense make it unreasonable for the city to maintain the personnel or equipment necessary to make the determination of violationthenthe city shall call in properlyqualifiedexperts tomakethedeterminationofviolation.Ifexpertfindings indicate a violation,the cost of the determination shall be assessed against the properties or persons responsiblefor the violationin addition to other penalties prescribed by this chapter.Ifnoviolation is found,cost ofthe determination shall be paid entirelyby thecity. ORD.1723/Page 5 300,300' I iIi250'I iIiiiIiiiIiIi 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 operationsmay be located within this area. 7 to 1 slopes plan view I iiiiiiiIiii 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 0 |................... Object Free Area RunwayObject Free Area 4.Approach/Departure Surfaces Approach/Departure surfaces extend from the edges of the Runway Object Free Area.They flare outward at a rateof10to1andupwardatarateof20to1. Section 2.This ordinance shall takeeffect and be in force five (5)days after its passage and publicationofitssummaryasprovidedbylaw. Adopted bythe City Council and signed by its Mayoro AnanceDirector PUBLISH:4/26/96