Chapter 19.17
AIRPORT COMPATIBILITY
Sections:
19.17.050 General requirements within an airport compatibility area.
19.17.060 Federal Aviation Administration review.
19.17.070 Uses and development approvals within the airport compatibility area.
19.17.080 Notice and disclosure required within an airport influence area.
19.17.010 Purpose.
The purpose of this chapter is to protect Paine Field from nearby incompatible land uses and development by:
A. Identifying areas where incompatible uses should be discouraged;
B. Notifying property owners if their property is located adjacent to an airport, that they may experience impacts from airport operations and may be subject to use, height, or other limitations;
C. Discouraging the siting of uses that attract birds, create visual hazards, discharge particulate matter in the air that could alter atmospheric conditions, emit transmissions that would interfere with aviation communications or instrument landing systems, or otherwise obstruct or conflict with aircraft patterns;
D. Identifying potential aeronautical hazards and preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace by requiring proof of analysis pursuant to Federal Aviation Administration (FAA) regulation before issuing permits for projects that are proposed for development adjacent to Paine Field;
E. Recognizing and supporting Paine Field as an essential public facility and significant economic resource; and
F. Encouraging economic development opportunities and aviation-related uses adjacent to the Paine Field. (Ord. 3458-15 § 1 (part), 2015)
19.17.020 Applicability.
A. This chapter applies to:
1. Development activities and uses within the airport influence area (AIA), as defined in subsection B of this section and the table below.
2. Development activities and uses within the airport compatibility area (ACA), as defined in subsection B of this section and the table below.
B. Airport Name: Snohomish County Airport/Paine Field.
FAA Identifier: KPAE.
Airport Elevation: 609 feet.
|
Runways |
Runway Alignment |
Runway Length |
ACA Distance |
AIA Distance |
|---|---|---|---|---|
|
16R/34L |
N/S, West |
9,010 feet |
10,200 feet |
14,000 feet |
|
16L/34R |
N/S, East |
3,004 feet |
7,200 feet |
9,000 feet |
|
12/30 |
NW/SE |
2,000 feet |
5,700 feet |
9,000 feet |
(Ord. 3458-15 § 1 (part), 2015)
19.17.030 Exemptions.
A. The following development activities and uses are exempt from the requirements of this chapter, provided the development activity or use will not interfere with airport operations:
1. Any air navigation use or facility, airport visual approach or airport arresting device, meteorological device, or a type of approach device approved by the Federal Aviation Administration, the location and height of which is fixed by its functional purpose.
2. Aeronautical activity, including but not limited to:
a. Aerospace industry and aerospace manufacturing;
b. Fixed base operations, and other necessary airport support facilities, as approved by the airport, if located outside of airport property;
c. Aerospace and aviation educational facilities, including technical schools and flight training schools.
3. Development activities regulated by the city’s construction codes, EMC Title 16, which are determined by the planning director to be minor or incidental in nature and consistent with the purpose of this chapter.
B. Personal wireless telecommunications services facilities that are subject to the requirements of Section 41.150.D.1.b. shall comply with the requirements of Sections 19.17.080 and 19.17.090 but are exempt from other provisions of this chapter. (Ord. 3458-15 § 1 (part), 2015)
19.17.040 Preexisting uses.
A. Uses and structures lawfully established as of effective date of the ordinance codified in this chapter are exempt from the requirements of Section 19.17.070.
B. Expansion of any use or structure identified in Section 17.070.A shall be exempt from the provisions of Section 19.17.070 when the use of the structure lawfully existed at the effective date of the ordinance codified in this chapter.
C. A preexisting use may be changed to any use allowed by the underlying use zone. (Ord. 3458-15 § 1 (part), 2015)
19.17.050 General requirements within an airport compatibility area.
This section establishes general requirements for any development activities or uses within an airport compatibility area (ACA) subject to the requirements of this chapter.
A. In addition to the notice requirements in EMC Title 15, the city shall provide notice of applications for development activities or uses within an ACA to the airport manager of Paine Field.
B. Applicants for development within an ACA are encouraged to work cooperatively with the airport manager and refer to FAA and Washington State Department of Transportation guidance related to airport and land use compatibility. (Ord. 3458-15 § 1 (part), 2015)
19.17.060 Federal Aviation Administration review.
A. Federal Aviation Regulations, 14 CFR Part 77, impose certain limitations on the height of proposed construction or alteration of structures. Notice is required to be provided to the Federal Aviation Administration (FAA) by filing Form 7460-1 “Notice of Proposed Construction or Alteration” if the structure falls within the notification requirements outlined in 14 CFR Part 77. An applicant for a permit or approval under Title 16 is responsible for researching 14 CFR Part 77 to determine whether notification is required, regardless of whether the property that is the subject of the application is within or outside of the airport compatibility area (ACA). Nothing in this chapter shall diminish the responsibility of the project proponents to submit FAA Form 7460-1 “Notice of Proposed Construction or Alteration” to the FAA if required by 14 CFR Part 77.
B. Applicants for a permit or approval under this chapter for development activity or a use within the ACA consisting of a structure over a height of thirty feet above base elevation, including antennas and building appurtenances shall provide documentation of one of the following before an approval or permit may be issued:
1. The proposed construction would not require notice to the FAA, per Form 7460-1 as amended, based on standards outlined in 14 CFR Part 77;
2. The FAA has issued a determination that the height would not create an obstruction by penetrating the 14 CFR Part 77 surfaces; or
3. The FAA has conducted an aeronautical study of the proposed structure and issued a determination that the object would create an obstruction but would not create a hazard to the navigable airspace of the airport or impede operations at the airport. If the FAA determination includes recommendation or conditions to mitigate impacts, the following shall apply:
a. The department shall provide notice of determination to the airport manager. The airport manager shall be allowed twenty-one days from the date the notice is transmitted to submit comments to the department to demonstrate that the FAA recommendations or conditions would not be sufficient to address adverse impacts and if so, to recommend additional mitigation strategies to address those impacts; and
b. The applicant shall provide documentation that demonstrates that the project has incorporated all recommendations and conditions included in the FAA determination and any additional recommendations submitted by the airport manager necessary to address any remaining adverse impacts to airport operations demonstrated pursuant to subsection B.3.a of this section. (Ord. 3458-15 § 1 (part), 2015)
19.17.070 Uses and development approvals within the airport compatibility area.
A. Permitted Uses and Development Activities. All properties located within the airport compatibility area (ACA) shall be permitted to have the same uses as permitted in the underlying zoning district subject to the requirements of the underlying use zone and the requirements of this chapter.
B. Approvals of all uses and development activities within an ACA shall be subject to the following requirements:
1. The proposal will not locate the storage of explosives, hazardous waste, fuel, gas or petroleum, or other hazardous materials within the runway protection zone documented in the relevant airport layout plan.
2. Permit applications for uses proposed within an ACA shall provide information showing proximity to airport runways, approach areas, and transitional areas. Application materials should be of sufficient detail to determine that the proposal is compatible with airport operations and consistent with all requirements of this chapter. A preapplication meeting under Section 15.20.010 is required unless waived by the city.
3. In addition to any notice requirements for the proposed use or underlying use zone, the city shall provide notice of the permit application to the Paine Field airport manager and shall allow the airport manager to submit comments to the department regarding the proposal, including those related to potential adverse impacts on airport operations and FAA standards.
C. The city may deny, approve, or approve with conditions an application for a development permit or approval within an ACA. The application shall be approved only if the proposal will not require a change in airport operations or flight patterns, including but not limited to adverse impacts due to concentrations of people, height hazards, noise abatement procedures, visual hazards such as lighting and reflective building materials, emissions such as smoke, steam, dust, gas or thermal plumes, transmissions that may cause electrical interference, or wildlife attractants. (Ord. 3458-15 § 1 (part), 2015)
19.17.080 Notice and disclosure required within an airport influence area.
A. Development approvals and building permits for development activity and uses that are within an airport influence area (AIA) as shown on Figure 17-1 shall not be issued until the owner of the property with the proposed development activity or use signs and records with the county auditor a disclosure notice that:
1. Is in a form provided by the department;
2. Contains a legal description of the property;
3. Bears a notarized signature of the owner; and
4. Contains the disclosure text set forth in Section 19.17.090.
This subsection does not apply when the disclosure text already has been recorded against the property.
B. In no case shall liability attach to the city for any actions, error, or omissions of any person subject to the requirements of this section.
Figure 17-1: Airport Influence Area
(Ord. 3458-15 § 1 (part), 2015)
19.17.090 Disclosure text.
The following shall constitute the airport influence area disclosure required by Section 19.17.080:
Your real property is located within the Airport Influence Area of Paine Field. Occupants of properties within the Airport Influence Area may be subject to inconveniences or discomforts arising from aviation activities, including but not limited to noise, odors, fumes, dust, smoke, hours of operation, low overhead flights and other aeronautical activities. Everett Municipal Code (EMC) 19.17.080 requires that you receive this disclosure notice in connection with permits you are or may be seeking. A provision of EMC 20.08.100 provides that “Noise originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations” is exempt from noise control regulations. The City of Everett has adopted airport compatibility regulations in Chapter 19.17 EMC which may affect you and your land. You may obtain a copy of Chapter 19.17 EMC from the City of Everett. In addition, current and future property owners are notified that the Federal Aviation Administration establishes standards and notification requirements for potential height hazards that may be caused by structures, buildings, trees and other objects affecting navigable air space through 14 Code of Federal Regulations Federal Aviation Regulations Part 77. This disclosure may no longer be applicable if the subject property is removed from the Airport Influence Area.
(Ord. 3458-15 § 1 (part), 2015)