Chapter 30.32E
AIRPORT COMPATIBILITY

Sections:

30.32E.010    Purpose.

30.32E.020    Applicability.

30.32E.030    Exemptions.

30.32E.040    Pre-existing uses.

30.32E.050    General requirements within an airport compatibility area.

30.32E.060    Federal Aviation Administration review.

30.32E.070    Uses and development approvals within an airport compatibility area.

30.32E.080    Notice and disclosure required within an airport influence area.

30.32E.090    Disclosure text.

30.32E.010 Purpose.

The purpose of this chapter is to protect public use airports in the county from nearby incompatible land uses and development by:

(1) Establishing criteria to be used to identify and discourage incompatible uses in the vicinity of public use airports;

(2) Identifying areas where incompatible uses should be discouraged;

(3) Notifying property owners if their property is located adjacent to a public use airport that they may experience impacts from airport operations and may be subject to use, height, or other limitations;

(4) 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;

(5) Identifying potential aeronautical hazards and preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace by requiring proof of an airspace analysis pursuant to Federal Aviation Administration regulations before issuing permits for projects that are proposed for development adjacent to public use airports;

(6) Recognizing and supporting county public use airports as essential public facilities and significant economic resources; and

(7) Encouraging economic development opportunities and aviation-related uses adjacent to airports in urban growth areas.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.020 Applicability.

(1) This chapter applies to:

(a) Development activities and uses within an airport influence area (AIA), as defined in SCC 30.91A.132 and shown in SCC Table 30.32E.020(2); and

(b) Development activities and uses within an airport compatibility area (ACA), as defined in SCC 30.91A.126 and shown in SCC Table 30.32E.020(2).

(2) The public use airports in the county include:

Table 30.32E.020(2) 

Airport Name

FAA Identifier

Airport Elevation

Runway(s)

Runway Alignment

Runway Length

ACA Distance

AIA Distance

Arlington Municipal

KAWO

142 ft

16/34

N/S

5,333 ft

10,200 ft

14,000 ft

11/29

NW/SE

3,500 ft

7,200 ft

9,000 ft

Darrington Municipal

1S2

553 ft

10/28

NW/SE

2,491 ft

5,700 ft

9,000 ft

First Air Field

W16

50 ft

7/25

E/W

2,087 ft

5,700 ft

9,000 ft

Harvey Field

S43

22 ft

15L/33R

N/S, East

2,671 ft

5,700 ft

9,000 ft

15R/33L

N/S, West

2,430 ft

5,700 ft

9,000 ft

Sky Harbor

S86

282 ft

7/25

E/W

1,930 ft

5,700 ft

9,000 ft

Snohomish County Airport / Paine Field

KPAE

609 ft

16R/34L

N/S, West

9,010 ft

10,200 ft

14,000 ft

16L/34R

N/S, East

3,004 ft

7,200 ft

9,000 ft

12/30

NW/SE

2,000 ft

5,700 ft

9,000 ft

(3) Nothing in this chapter shall diminish the responsibility of project proponents to meet other applicable federal, state, and local regulations or to submit a notice of construction or alteration to the Federal Aviation Administration if the facility falls under the notification requirements in 14 CFR Part 77.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.030 Exemptions.

(1) 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:

(a) Any air navigation use or facility, airport visual approach or aircraft arresting device, meteorological device, or a type of device approach approved by the Federal Aviation Administration, the location and height of which is fixed by its functional purpose.

(b) Development activities or uses located on airport property which are included in an airport layout plan approved by the Federal Aviation Administration.

(c) Aeronautical activity, including but not limited to:

(i) Aerospace industry and aerospace manufacturing;

(ii) Fixed base operations, and other necessary airport support facilities, as approved by the airport, if located outside of airport property; and

(iii) Aerospace and aviation educational facilities, including technical schools and flight-training schools.

(d) Development activities regulated by the county’s construction codes, subtitle 30.5 SCC, that are determined by the director to be minor or incidental in nature and consistent with the purpose of this chapter.

(2) Personal wireless telecommunications services facilities that are subject to the requirements of chapter 30.28A SCC shall comply with the requirements of SCC 30.32E.080 and 30.32E.090 but are exempt from other provisions of this chapter.

(3) Any public capital facility project included in a capital facilities plan adopted by the Snohomish County council and incorporated by reference into the capital facilities element of the Snohomish County Comprehensive Plan, for which a conditional use permit is required under SCC 30.22.100, is exempt from the requirements of SCC 30.32E.070 when a complete conditional use permit application for that public capital facility project is submitted within 120 days of May 24, 2015.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.040 Pre-existing uses.

(1) Uses and structures lawfully established as of May 24, 2015, are exempt from the requirements of SCC 30.32E.070(1).    

(2) Expansion of any use or structure identified in SCC 30.32E.070(1) shall be exempt from the provisions of SCC 30.32E.070 when:

(a) The use or structure lawfully existed as of May 24, 2015; and

(b) The total square feet of the expansion or expansions of each or any structure or structures on a development site does not exceed 10 percent of total gross floor area that existed as of May 24, 2015.

(3) Expansion of any other use or structure lawfully established as of May 24, 2015, and not identified in SCC 30.32E.070(1) shall be exempt from the provisions of SCC 30.32E.070.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.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.

(1) In addition to the notice requirements in SCC 30.70.045(4), the department shall provide notice of applications for development activities or uses within an ACA to the airport manager of the adjacent public use airport.

(2) Applicants for development within an ACA are encouraged to work cooperatively with any public use airport adjacent to where the proposed use or development will be located and refer to FAA and Washington State Department of Transportation guidance related to airport and land use compatibility.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.060 Federal Aviation Administration review.

(1) 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 this title 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 an airport compatibility area (ACA). Nothing in this chapter shall diminish the responsibility of project proponents to submit a FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA if required by 14 CFR Part 77.

(2) Applicants for a permit or approval under this title for development activity or a use within an ACA consisting of a structure over a height of 30 feet measured as the vertical distance from the average final grade to the highest point of any proposed structure including antennas, including any of the buildings and structures identified in SCC 30.23.050 which are exempt from the height limits based on the underlying zone, shall provide documentation of one of the following before an approval or permit may be issued:

(a) 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;

(b) The FAA has issued a determination that the height would not create an obstruction by penetrating the 14 CFR Part 77 surfaces; or

(c) 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 of the airport. If the FAA determination includes recommendations or conditions to mitigate impacts, the following shall apply:

(i) The department shall provide notice of the determination to the relevant airport manager. The airport manager shall be allowed 21 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 to airport operations and, if so, to recommend additional mitigation strategies to address those impacts; and

(ii) 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 (2)(c)(i) of this section.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.070 Uses and development approvals within an airport compatibility area.

(1) Allowed uses under chapter 30.22 SCC shall also be allowed in an airport compatibility area (ACA) when allowed in the underlying zone, except the following uses shall be required to obtain a conditional use permit pursuant to chapter 30.42C SCC if they are permitted or administrative conditional uses within the underlying zone:

(a) Health and Social Service Facility, Level II over 5,000 square feet;

(b) Day Care Center;

(c) School, K-12 and Preschool;

(d) Church;

(e) Amusement Facility over 5,000 square feet;

(f) Racetrack;

(g) Motocross Racetrack;

(h) Stockyard or Slaughter House;

(i) Rendering of Fat, Tallow, or Lard;

(j) Sanitary Landfill; and

(k) Utility Facility, Electromagnetic Transmission and Receiving Facility.

(2) Approvals of the following development activities within an ACA shall be subject to the review requirements in this chapter:

(a) Development in Urban Centers reviewed pursuant to chapter 30.34A SCC;

(b) Subdivisions reviewed pursuant to chapter 30.41A SCC; and

(c) Planned residential developments reviewed pursuant to chapter 30.42B SCC.

(3) Approvals of all uses identified in subsection (1) of this section and development activities identified in subsection (2) of this section within an ACA shall be subject to the following requirements:

(a) The proposal will not locate new structures or 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.

(b) The proposal will not result in an average density greater than 100 persons per acre for that portion of the parcel or parcels to be developed within an approach area or transitional area. The average density of persons per acre is to be calculated as follows:

(i) Determine the total size in acres of the parcel or parcels to be developed within an approach area or transitional area. If only a portion of the parcel or parcels lies within an approach area or transitional area, determine the total size in acres of that portion.            

(ii) Determine the Function of Space for each occupancy type within each proposed and existing structure within an approach area or transitional area, using the fire code, chapter 30.53A SCC. If only a portion of a structure lies within an approach area or transitional area, determine the Function of Space of that portion.

(iii) Determine the total square footage of gross floor area devoted to each Function of Space.

(iv) Identify the corresponding Occupant Load Factor for each Function of Space, using the fire code, chapter 30.53A SCC.

(v) Divide the total square footage of gross floor area devoted to each Function of Space by the corresponding Occupant Load Factor to obtain the maximum occupancy of each Function of Space.

(vi) Total the sum of maximum occupancies of each Function of Space and divide by the total size in acres to obtain average density.

(c) Permit applications are subject to the submittal requirements of SCC 30.70.030 and shall comply with the requirements in any application checklist or addendum for a conditional use permit within an ACA as provided by the department pursuant to SCC 30.70.030. The checklist may require additional information and materials, such as a site plan that includes proximity to airport runways, approach areas, and transitional areas. Submittal materials should be of sufficient detail to enable the staff reviewer to determine that the proposal is compatible with airport operations and consistent with all requirements of this chapter. A pre-application meeting under SCC 30.70.020 is strongly recommended.

(d) In addition to the notice requirements outlined in SCC 30.70.045, the department shall distribute notice of the permit application to the relevant 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.

(4) The hearing examiner may deny, approve, or approve with conditions an application for a development permit or approval within an ACA and subject to the hearing examiner’s jurisdiction pursuant to any applicable requirements in this title. The application shall be approved only if the hearing examiner finds 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.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.080 Notice and disclosure required within an airport influence area.

(1) Development approvals and building permits for development activity and uses that are within an airport influence area (AIA) shall not be issued until the owner of the property on which the development activity or use is proposed signs and records with the county auditor a disclosure notice that:

(a) Is in a form provided by the department;

(b) Contains a legal description of the property;

(c) Bears a notarized signature of the owner; and

(d) Contains the disclosure text set forth in SCC 30.32E.090.

This subsection does not apply when the disclosure text already has been recorded against the property.

(2) In no case shall liability attach to Snohomish County for any actions, error, or omissions of any person subject to the requirements of this section.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.32E.090 Disclosure text.

The following shall constitute the airport influence area disclosure required by SCC 30.32E.080:

Your real property is located within the Airport Influence Area of a Snohomish County public use airport. 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. Snohomish County Code (SCC) 30.32E.080, requires that you receive this disclosure notice in connection with permits you are or may be seeking. A provision of SCC 10.01.050 provides that "sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations" are exempt from noise control regulations. Snohomish County has adopted airport compatibility regulations in chapter 30.32E SCC which may affect you and your land. You may obtain a copy of chapter 30.32E SCC from Snohomish County. 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.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).