Chapter 14.08
MINIMUM FUNCTIONAL STANDARDS
Sections:
14.08.020 Leases or rental agreements.
14.08.030 Construction or alteration.
14.08.040 Nonconforming uses or structures.
14.08.050 City-owned aircraft hangar waiting list.
14.08.060 Tenant responsibilities.
14.08.070 Landlord rights and responsibilities.
14.08.080 Minimum standards for specific services.
14.08.010 General principles.
A. No person, firm, or corporation shall engage in any commercial activity or business of any nature whatsoever on the airport except with the approval of the Airport Manager or a signed lease or rental agreement with the City.
B. No person authorized to operate on or conduct business activities at the airport shall conduct any of its business or activities on any area except those specified by appropriate documentation with the City. All business shall be conducted from an established fixed location on the airport, the establishing of which has been arrived at by the negotiation and execution of a license, lease, rental agreement, or other legal document between the operator and the City and in compliance with these minimum functional standards.
C. All activities at the airport must comply with airport, City of Sunnyside, State of Washington and federal laws, ordinances, rules, and regulations. In the event that any airport or City laws, ordinances, or regulations, as they exist or as hereafter amended, conflict with applicable FAA regulations, the latter shall be deemed to control.
D. Airport Manager shall evaluate all proposed operations or activities at the airport based on principles of uniformity with other operations or activities of the same class and on consistency with the airport master plan, airport business plan, and approved airport budget. Proposed operations or activities at the airport may be denied by the Airport Manager if such proposed operations or activities are found to be inconsistent with these minimum functional standards or with the principles of uniformity with other operations or activities of the same class and/or with the airport master plan, airport business plan, and approved airport budget.
E. Competition among fixed base operators, fuel providers, and flight instructors is encouraged. To the extent feasible within normal market conditions, the airport should have more than one provider of each of these types of services.
F. No right, privilege, permit, or license to do business on the airport or any portion thereof or any lease of any area of the airport shall be assigned, sold, subleased, rented, or otherwise transferred or conveyed by any means, in whole or in part, without the prior written consent of the City. If any assignment, sale, sublease, rental, or other transfer of any leasehold is approved by the City, the City shall require compliance by the assignee or sublessee with all of the terms of these minimum functional standards and all other requirements of the original lease.
G. No person shall throw, dump, or deposit any waste, refuse, or garbage on the airport. All waste, refuse, or garbage shall be placed and kept in closed garbage cans or containers and all operating areas shall be kept in a safe, neat, clean, and orderly manner at all times and in such a manner as to minimize any hazards. No burning or dumping of any material shall be permitted without approval of the Airport Manager.
H. No person on the airport shall store or stack material or equipment in such a manner as to constitute a hazard to personnel or property. Permission of the Airport Manager shall be required prior to stacking any material or equipment. Material storage within any defined object free area regulated by the Federal Aviation Administration is prohibited. All stored or stacked material shall not obstruct any imaginary surface regulated by the Federal Aviation Administration.
I. Tenants, licensees, and grantees shall be fully responsible for all damage to buildings, equipment, real property, and appurtenances in the ownership or custody of the City caused by negligence, abuse, or carelessness on the part of their employees, agents, customers, visitors, suppliers, or persons with whom they may do business.
J. All complaints against any operator for violation of these minimum functional standards shall be made in writing to the Airport Manager, signed by the party submitting the complaints, and shall specify in detail the nature of the complaints, dates, times and witnesses, if any.
K. The City shall have the right to terminate any lease or other agreement authorizing an operator to conduct any services or business at the airport and to revoke any tenant’s authorization or permit to do business upon the airport for any cause or reason provided in these minimum functional standards or by law, and, in addition thereto, upon any one of the following circumstances:
1. Filing for bankruptcy.
2. Assignment for the benefit of creditors and/or without prior City approval.
3. Abandonment or discontinuance of any required operation at the airport.
4. Failure of the tenant to remedy any default or breach or violations of these minimum functional standards or other lease provisions within 30 days from the date written notice has been mailed or delivered to the tenant’s place of business.
5. Unsafe or abnormal or reckless practices in the operation of an aircraft or vehicle at the airport.
6. Creation of a safety hazard at the airport.
7. Violation of any federal, State, or local law or regulation.
8. Use of false information or failure to fully disclose information in applying for a lease or in supporting documents.
If such lease or agreement is terminated, the City shall have the right to take full possession of the tenant’s space and may remove all parties and any and all goods and chattels not belonging to the City that may be found on tenant’s space at the expense of the tenant and without being liable for prosecution or any claim for damages.
L. No person shall conduct business operations at the airport under a business name the same as or deceptively similar to the business name of any other tenant previously established at the airport. No person shall conduct business operations at the airport under a business name other than that which is shown on the business lease, licenses, or other related documents.
M. All marketing and servicing operations and practices performed by tenants for their airport businesses shall be of the highest and most responsible character.
N. Only a tenant that qualifies as a fixed base operator pursuant to other sections of this chapter may sell aircraft fuels.
O. Nothing contained in these minimum functional standards shall be construed as requiring the City to maintain, repair, restore, or replace any structure, improvement, or facility that is substantially damaged or destroyed due to an act of nature or other condition or circumstance beyond the control of the City. [Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.020 Leases or rental agreements.
A. Applications to lease or rent airport property, including buildings, except for City-owned aircraft hangars, shall be evaluated based on a written application to the Airport Manager. Such written application shall contain, at a minimum, the information specified in this section and shall be supplemented with any additional information required by the Airport Manager.
1. Name and address of applicant and applicant’s business.
2. Description of proposal, including site plan, amount of land and/or buildings to be leased or rented, services to be provided, proposed construction and cost of construction, date of commencement of operations, number of persons to be employed, and number and type of aircraft to be based at the airport.
3. Declaration of insurance coverage at the minimum amount as required by the FAA or the Airport Manager as described in SMC 14.06.010(F).
4. Evidence of financial capability to perform the scope of the proposal described in subsection (A)(2) of this section. Such evidence may include, but is not limited to, current financial statements prepared by a certified public accountant, a list of assets owned or being purchased that will be used in business at the airport, current credit report covering all areas in which the applicant has done business during the last 10 years, references, and authorization for release of information for the FAA and all other public agencies with which the applicant has engaged in aviation business or other business as proposed.
B. Applications to rent City-owned aircraft hangars shall contain the following information:
1. Name, address, and telephone number of applicant.
2. Aircraft type and registration number.
3. Date of request.
C. Leases of vacant land shall be for purposes consistent with the airport master plan. Leases for vacant land shall be granted through a request for proposal.
D. Airport Manager may deny a prospective tenant for any of the following reasons:
1. The prospective tenant has been found to have a business background or proposed financing that is deemed to be inconsistent with the best interests of the airport or the City. This includes a credit report that contains derogatory information indicating that the applicant does not have a satisfactory business responsibility and reputation or conviction of a crime or violation of any ordinance that would indicate the applicant would not be a desirable operator on the airport.
2. The proposed use is found to be inconsistent with the airport master plan or business plan.
3. The proposed operations or construction will create a safety hazard at the airport or would create congestion that would result in depriving other airport tenants of operations.
4. The proposal would require the City to spend City funds that would result in a financial loss to the City or would result in a financial loss to the City in some other way.
5. The applicant is found to have misrepresented or have failed to fully disclose material facts on the application or supporting documents.
6. The applicant is found to have a history of violating minimum functions standards or the rules and regulations of any other airport or the FAA.
7. Failure to perform the obligations of any other lease or agreement with the City.
8. Considerations relating to the protection of the health, welfare, or safety of the public, including environmental considerations.
E. Lease and monthly rental rates for City-owned property shall be established on the basis of fair market value. Said fair market value shall be established by appraisal no less frequently than every six years.
F. If all other factors under this chapter are equal, applications to lease or rent airport property shall be approved on a first-come, first-served basis; provided, however, that all applications for lease must be approved by the City Council. [Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.030 Construction or alteration.
A. No buildings, structures, tie-downs, ramps, paving, taxi areas, drains, earth work, or any other improvements or additions to the airport shall be placed or constructed at the airport or altered or removed without the prior approval of the City. Two sets of detailed plans and drawings for any construction or alteration shall be submitted to the City and all required permits shall be obtained prior to commencement of any work. In the event of any construction, the City may, at its discretion, require an appropriate bond to guarantee the completion of the construction in accordance with the City’s approval.
B. Construction and alteration of all buildings at the airport shall meet the following standards:
1. All buildings shall be engineered and constructed of wood or steel and must be stamped by a licensed professional engineer in the State of Washington.
2. All exterior walls shall be finished with masonry, face brick, painted steel, or approved other.
3. Other exterior materials may be permitted by the City, if such materials are equal in quality and compatible with those already in use throughout the airport, with the exception of exterior materials utilized prior to the adoption of this chapter.
4. All buildings which may be erected facing Airport Way shall not be nearer than 65 feet to the center line of those roads, or any other roads as may be constructed in the future.
5. Buildings may not be nearer than 20 feet to the side line of the lot on which erected nor nearer than 20 feet to the rear line thereof.
6. Tee hangar buildings must be at least 80 feet apart from the facing sides of tee hangar buildings on adjoining lots.
7. The maximum height of buildings erected at the airport shall be 38 feet and must not obstruct any FAR Part 77 or imaginary surfaces. A building height may be lower if it is proven to obstruct any FAR Part 77 or imaginary surfaces. A determination from the FAA that the improvement is not a hazard to air navigation by submission of the FAA Form 7460-1 is required before building construction or alteration. The City may grant height variances to accommodate special requirements; provided, that those variances must be approved by the City Council.
C. All capital improvements constructed on tenant leaseholds shall be removed within 90 days as pursuant to SMC 17.66.090.
D. Airport areas on which tenant facilities, if any, are to be constructed or operated shall be specified by the City or the Airport Manager in accordance with these minimum functional standards and the airport layout plan.
E. Unless modified in the lease, plans and specifications for all construction shall be submitted to the City for its approval within 120 days of the approval of the application, and construction shall commence within 90 days after approval of the plans and specifications by the City. All construction shall be completed by the lessee within 12 months of the date of the City’s approval of the plans and specifications. All construction shall comply with this chapter and all applicable building codes.
F. Building which may be erected shall not be nearer than 65 feet to the center line of any road that may now exist or be constructed in the future.
G. The applicant shall demonstrate compliance with the 7460-1 and 7460-2 process mandated by the Federal Aviation Administration for all new construction, redevelopment of existing structures, and temporary construction activities.
H. The City may require lights or markers as a warning to aircraft on any building, structure, communication tower, use, or tree(s), or to top the tree to reduce its height when recommended by the Federal Aviation Administration, WSDOT Aviation Division or the Airport Manager. Lights and markers shall meet FAA specifications. [Ord. 2018-5 § 1, 2018; Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.040 Nonconforming uses or structures.
A. City acknowledges that there currently may exist uses or structures on the airport property which are lawful, but do not conform to the provisions of this title. Any such nonconforming uses or structures currently existing on the airport property may continue so long as they remain otherwise lawful. When a nonconforming structure is damaged or destroyed, the City shall permit the structure to be rebuilt as it was immediately prior to the damage or in a manner that is less nonconforming. A nonconforming use or structure shall become discontinued when it is:
1. Succeeded by another use or structure that is more conforming;
2. The nonconforming use has been discontinued or abandoned and not reestablished within 18 months; provided, that any nonconforming use specifically permitted by a written lease between the City and the owner of the building shall not be deemed discontinued or abandoned at any time during the term of the lease;
3. The nonconforming structure has been damaged or destroyed and application for rebuilding or replacement is not made within 12 months, and is not completed within 24 months, of such damage or destruction.
B. For a use that is nonconforming due to height, the height may not be increased unless approved by the Airport Manager. [Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.050 City-owned aircraft hangar waiting list.
A. A waiting list for City-owned aircraft hangars will be maintained by the Airport Manager. Interested parties must contact the Airport Manager to be placed on the airport aircraft hangar waiting list.
B. Unless otherwise requested by the applicant, the Airport Manager will select the hangar size appropriate for the applicant’s aircraft.
C. Applicants who do not respond within 30 days of receiving notification of an available hangar shall be removed from the waiting list. [Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.060 Tenant responsibilities.
The following obligations, including additional detail about them if necessary and appropriate, shall be set forth in leases and monthly rental agreements for use of airport land and/or buildings. Other clauses and covenants will be included in leases based on the specific tenant and type of business, provided that those additional terms shall be consistent with the principles of these minimum functional standards.
A. All ground lease tenants are responsible for maintenance of land and facilities within the boundaries of the leasehold and shall maintain the leasehold in a clean, neat, and well-maintained condition, and free of snow and ice, weeds, rocks, debris, and other material.
B. Tenants of City-owned buildings shall be responsible for general upkeep of the building and shall maintain a clean and neat appearance inside and outside the building. No structural or decorative changes or additions of any type may be made to City-owned buildings without prior permission of the Airport Manager.
C. All tenants of the airport are responsible for removal of trash, garbage, surplus equipment and materials from their leaseholds to dumping areas designated by the Airport Manager. Areas to be used for trash or for garbage containers shall be designated by the Airport Manager and no other areas shall be used. Such areas shall be kept clean and sanitary at all times. Trash containers must be kept covered. Vehicles used for hauling trash, dirt, or any other materials shall not be operated on the airport unless such vehicle is constructed and covered so as to prevent the contents thereof from dripping, sifting, leaking, or otherwise escaping therefrom. No person shall spill dirt or any other materials from vehicles operated on the airport.
D. Tenants of City-owned aircraft hangars may use the hangars for aircraft storage and related purposes only.
E. All tenants shall maintain their leased property in a condition as to repair, cleanliness, and general maintenance in a manner agreeable to the City, or in accordance with their individual lease agreements. Failure to adhere to these points may be considered sufficient reason to warrant cancellation of a lease agreement, in part or in whole, by the City.
F. Each tenant or lessee shall supply and maintain such adequate and readily accessible fire extinguishers as are approved by Fire Underwriters or the City Fire Marshal for the particular hazard involved or as may be deemed necessary by the Airport Manager.
G. No tenant may store hazardous materials at any leasehold without the express written authorization of the Airport Manager. Such authorization shall only be given if the tenant provides specific assurances that all federal, State, and local environmental statutes and regulations shall be followed and provides proof of such insurance as the City may require. This does not pertain to household cleaners, solvents, and lubricants in normal household quantities.
H. Tenants shall be responsible for the proper usage of areas designated as freight and mail loading and unloading, regardless of whether such usage is accomplished by their own personnel or by persons with whom they do business. They shall be likewise responsible in the matter of using only the area as designated for the purposes as stated therein.
I. All tenants shall, upon being authorized by the City and as the construction of any required physical facilities permit, promptly commence and conduct all business activities and services authorized. Said completion date and commencement of business activity date shall be agreed to at the time the lease is fully executed.
J. Business tenants shall operate the premises leased for the use and benefit of the public. They shall:
1. Furnish services on an equal and nondiscriminatory basis to all users of said services.
2. Furnish good, prompt, and efficient services.
3. Not discriminate in any employment action or business practice because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental, or physical handicap.
4. Operate within specified business hours.
5. Adequately staff and equip their facilities.
K. Any aircraft owner may perform services including, but not limited to, maintenance and repair on its own aircraft, including with its own employees; however, no tenant may hire vendors of services, aircraft parts, or fuel from off-airport premises to perform services on the airport without prior approval of the Airport Manager.
L. Nothing in these minimum functional standards or included in tenant leases may be construed to grant or authorize the granting of an exclusive right forbidden by Section 308 of the Federal Aviation Act of 1958 or for aeronautical activities such as, but not limited to:
1. Charter operations.
2. Pilot training.
3. Aircraft rental.
4. Aerial photography.
5. Crop dusting.
6. Sale of aviation petroleum products.
7. Air carrier operations.
8. Aircraft sales and services incidental thereto.
9. Any other activity which, because of direct relationship to the operation of aircraft, can be regarded as an aeronautical activity.
M. All tenants shall comply with these minimum functional standards and all other regulations of the airport and any future revisions to them.
N. All tenants are responsible for strict compliance with all City, State, and federal laws pertaining to employees including, but not limited to, Social Security, unemployment compensation, and wages and hours.
O. All lessee personnel required to hold FAA or any other certificates and ratings shall maintain such certificates and ratings current and in good standing.
P. All tenants shall maintain current insurance coverage of $2,000,000 as established by the Airport Manager and described in the lease. The tenant must notify the City no less than 30 days prior to the cancellation of any policy required in the lease.
Q. All tenants shall promptly pay, when due, all charges for sewer, water, power, telephone service, and all other utilities and services supplied to tenant’s operation at the airport; all wages or salaries; and all rentals, fees, and payments payable to the City. The tenant shall be responsible for all fees and costs incurred in the performance of tenant’s business.
R. Unless otherwise provided by the City, all tenant operations shall be conducted in one area of sufficient size to accommodate all services for which the operator is approved, allowing for future growth and additional services as contemplated by the City, to the extent that space is available at the airport. The tenant shall carry on its business operations strictly within the area assigned by the City and its operations shall not in any way interfere with the operations of other airport users. The tenant shall not use any common use areas except as authorized by the City.
S. Tenants shall cooperate with the Airport Manager regarding the operation, management, and control of the airport and shall do all things reasonable to advance or promote the airport and aeronautical activities thereon and to develop the airport into an attractive, efficient, and modern airport.
T. All tenants shall indemnify, defend, and save the City, its authorized agents, officers, representatives, and employees harmless from and against any and all actions, penalties, liabilities, claims, demands, damages, or loss resulting from claims or court actions, whether civil, criminal, or in equity, and arising directly or indirectly out of acts or omissions of the tenant, its agents, employees, servants, guests, or business visitors. [Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.070 Landlord rights and responsibilities.
The following rights and responsibilities of the City shall be set forth in leases for use of airport land and/or buildings:
A. City shall be responsible for performing major maintenance and repairs needed on City-owned structures leased to tenants, unless otherwise agreed to in an individual lease agreement.
B. City shall reserve the right to further develop or improve the aviation facilities of the airport as it sees fit, regardless of the desires or view of the lessee and without interference or hindrance.
C. City shall reserve the right to maintain and keep in repair the landing areas of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of airport tenants.
D. During a time of war or national emergency, the City shall have the right to lease the landing area or any part thereof to the United States government for military or naval use, and, if such lease is executed, the provisions of leases insofar as they are inconsistent with the provisions of the lease to the government shall be suspended.
E. The City shall reserve the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent the lessee from erecting or permitting to be erected any building or other structure that, in the opinion of the City, would limit the usefulness of the airport; interfere with airport operations, planning, or development; constitute a hazard to aircraft; or, in any way, place the airport in a position of noncompliance with FAR Part 77 of the FAA regulations.
F. The lease shall be subordinate to the provisions of any existing or future agreement between the City and the United States relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. Failure of the lessee or any occupant to comply with the requirements of any existing or future agreement between the City and the United States, following reasonable notice to make appropriate corrections, shall be cause for immediate termination of the lease and lessee’s rights thereunder.
G. The City shall have the right to inspect, during regular business hours, or anytime that Airport Manager deems necessary for public health and safety reasons, all airport premises, together with all structures or improvements, all aircraft equipment, and all licenses and registrations. Inspection of premises will be made in the presence of the lessee or owner if practicable. [Ord. 2016-14 § 1 (Exh. A), 2016.]
14.08.080 Minimum standards for specific services.
In addition to meeting all other minimum functional standards set forth in this title, tenants shall meet the following standards for specific types of services:
A. Fixed Base Operations – SMC 14.02.030(N). Fixed base operators shall provide employees during normal working hours of 8:00 a.m. to 5:00 p.m. who are able to provide full service to tenant and transient aircraft, including, at a minimum, aircraft refueling services, maintenance, and ground-handling of aircraft.
B. Aircraft Sales. Tenants providing aircraft sales services shall have a sale or distributorship franchise from a recognized aircraft manufacturer or an established used aircraft inventory and shall have FAA-certificated and currently airworthy aircraft for sale during normal working hours of 8:00 a.m. to 5:00 p.m. Such tenants shall also provide a minimum of one fully qualified demonstrator pilot employed with current and appropriate FAA pilot and approved medical certificates. Leases for aircraft sales must include sufficient land on which to locate all required improvements, service, and display areas as well as adequate parking space for office and customer use. Such tenants must provide for adequate servicing of aircraft and accessories during warranty periods.
C. Aircraft Parts and Accessories Sales. Tenants selling aircraft parts and accessories shall be authorized to display and sell aircraft parts and engage in aircraft accessory sales and must provide sufficient office space and other accommodations to engage in sales activities.
D. Aircraft Charter and Taxi. Tenants providing aircraft charter and taxi services shall have a minimum of one FAA-certificated pilot with current commercial and instrument ratings and approved medical certificates. Leases for aircraft charter and taxi services must include exclusive use of adequate and approved space in a building for passenger shelter, restrooms, telephone, and similar services. Additionally, tenants for aircraft charter and taxi services must provide satisfactory arrangements for checking in passengers, meeting security requirements, handling luggage, ticketing, ground transportation, and related services. Such tenants must own or lease, maintain, and provide at least one currently certified and continuously airworthy aircraft properly certificated for air charter or air taxi service.
E. Aircraft Rental and Commercial Flying Club. Tenants operating aircraft rental services or commercial flying clubs shall have a minimum of one instructor pilot available with appropriate and current FAA pilot and medical certificates and shall demonstrate the capacity to continue to meet requirements for certification of flight instructor personnel and aircraft by the FAA. Additionally, tenants operating aircraft rental services or commercial flying clubs shall have at least one aircraft owned or leased by and under the exclusive control of the tenant that is properly equipped and FAA-certificated for flight instruction and rental. Leases for aircraft rental or commercial flying clubs shall include exclusive use of adequate and approved space in a building for classrooms and/or office space, rest rooms, telephone, and shall have available, on a full-time employment basis, a minimum of one instructor with appropriate and current FAA-certified flight instructor rating and approved medical certificates.
F. Maintenance, Manufacturing, Overhaul or Repair Services. Leases to tenants operating aircraft maintenance, manufacturing, overhaul, or repair services shall include adequate space to provide waiting rooms, rest room facilities, and shop building(s) of sufficient similar services, and shall provide adequate parking space for customers. Such tenants shall assure that personnel operating rental equipment obtained from the tenant have appropriate and current FAA pilot and approved medical certificates.
G. Flight Instruction and Ground Schools. Leases for tenants operating flight instruction and ground schools shall include exclusive use of adequate and approved space in a building for classrooms and/or office space, rest rooms, telephone, and similar services, and shall provide adequate parking space for customers. Additionally, such tenants shall own and/or lease and have based on the airport one or more aircraft suitable for flight instruction that comply with the rules and regulations of the FAA size to accommodate at least one twin-engine aircraft. The tenant shall equip the shop with such tools, machinery, equipment, parts, and supplies normally necessary to conduct a full-time business operation in connection with the service being offered and shall staff the shop with mechanics and personnel who are qualified and competent and who hold any and all necessary FAA certificates.
H. Aircraft Storage. Leases to tenants providing aircraft storage shall include sufficient office space and storage space to accommodate all aircraft used by the tenant in its own operations and all aircraft that will be parked or stored by the operator. If the tenant provides inside hangar storage, the lease shall include an area of sufficient size to accommodate the building or buildings with proper access to and from such facilities.
I. Aircraft Radio and Instrument Sales and Service. Leases to tenants providing aircraft radio and instrument sales and service shall include sufficient space for the tenant to have for its exclusive use an adequate and approved shop and storage space and to provide satisfactory arrangements for access to and storage of aircraft being worked on. Such tenant shall also have available a FAA-certificated technician in the field of aircraft electronics and/or aircraft instruments with proper Federal Communications Commission license to conduct complete aircraft transmitter, receiver, and antennae repair.
J. Self-Fueling. Self-fueling by aircraft owners and operators is permitted subject to the conditions specified in Chapter 14.10 SMC; provided, that the aircraft is fueled in an area specified by the Airport Manager.
K. Line Services. A tenant who desires to engage in line services and who is authorized for this service shall be required to perform at least one additional service from among those listed in subsections (A) through (J) of this section, Minimum standards for specific services. Additionally:
1. Leases to such tenants shall include adequate space in an area designated for fuel and oil sales and service to all types of aircraft making use of the field and sufficient land area for the placement of those facilities necessary for successful operation of the services such as buildings, aircraft parking area, dispensing equipment, and fuel trucks. Such tenant shall lease or construct a building of sufficient size to provide lighted and heated space to perform work, office space, storage, public waiting area that includes rest rooms, and a public use telephone.
2. The tenant shall at all times maintain an adequate supply of fuels, oils, other petroleum products, and fluids normally called for at the airport and shall also provide air and water for general aviation operation.
3. The tenant shall provide and maintain metered filter-equipped pumps, tanks, mobile fuel trucks, and other fueling facilities that may be necessary. All fuel equipment and fuel areas shall meet all applicable safety requirements, including ground rods and equipment. Separate pumping equipment shall be maintained for each grade of fuel and their locations must be approved by the City. Fuel may not be delivered into any aircraft unless it has first been placed in a suitable and approved filtration tank. There shall be no fueling direct from a common carrier transport truck into the refueling vehicle or aircraft. During refueling, the aircraft and the dispensing apparatus shall both be grounded and bonded to a point, or points, of zero electrical potential. All necessary safety and fire suppression equipment, as specified by the City, shall be provided by the tenant.
4. All fueling installations and systems shall be in accordance with the applicable safety requirements and shall comply with the Sunnyside Municipal Code, the laws and code of the State of Washington, and regulations of the City and Washington State Fire Marshals. All fuel storage shall be in bulk storage areas that are approved by the City and are constructed and maintained according to the Sunnyside Municipal Code for bulk storage of fuels. The manner and method of soliciting the sale of aircraft fuel in areas other than those leased by the operator shall be subject to the regulation of the Airport Manager. Aviation fuel shall be sold or commercially dispensed at the airport only by those certified by the City as having satisfied these minimum functional standards and holding a valid operating agreement.
5. The tenant will ensure that all fueling operations and storage are maintained in accordance with City, County, State, and federal codes, standards, ordinances, and laws, and will hold the City harmless from any and all aircraft fuel storage and dispensing operations; failure to meet City, County, State, or federal codes, standards, ordinances, or laws; dispensing of wrong or contaminated fuels; and bodily injury or death and physical damage caused by such operations or storage. [Ord. 2016-14 § 1 (Exh. A), 2016.]