Chapter 17.16
JLUS PROTECTIONS FOR FAIRCHILD AIR FORCE BASE

Sections:

17.16.010    Purpose and intent.

17.16.020    Applicability.

17.16.030    Adoption of Spokane County JLUS Regulations, FAFB Overlay Zone, by reference.

17.16.040    Airspace and land use safety areas.

17.16.050    General use restrictions.

17.16.060    Height restrictions.

17.16.070    Administrative height exception.

17.16.080    Approach-departure clearance surface restrictions.

17.16.090    JLUS accident potential zone I (APZ-I) restrictions.

17.16.100    JLUS accident potential zone II (APZ-II) restrictions.

17.16.110    Clear zone, APZ-I and APZ-II.

17.16.120    Military impact areas.

17.16.130    Use determinations.

17.16.140    Compatible uses and densities.

17.16.150    Review of permitted uses and conditional use permits locating in MIA 3/4 – Application of reasonable conditions.

17.16.160    Exemptions – MIA 3/4.

17.16.170    Conflict with underlying zone requirements.

Appendix A    Spokane County JLUS Regulations.

Appendix B    Commercial Zoned Properties Potentially Available for CUP MF Residential Development.

17.16.010 Purpose and intent.

The purpose and intent of this chapter prepared under the 2009 Joint Land-Use Study (JLUS) for Fairchild Air Force Base (FAFB) is to reduce the potential for military aviation hazards, prevent incompatible uses, optimize the potential mission profile, and protect the health and safety of persons within the military influence area. The City Council finds:

A. Aviation hazards endanger the lives and property of persons in the vicinity of Fairchild Air Force Base (FAFB).

B. Aviation obstruction hazards reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to impair the viability of a military aviation facility and the related public investment.

C. The creation or establishment of an aviation hazard, or development considered an incompatible encroachment, is a health and safety issue and detrimental to the region’s economy and continued operations of FAFB.

These regulations are necessary to effectively implement RCW 36.70A.530 which encourages compatible land uses in the vicinity of Fairchild AFB. (Ord. C-771 § 3, 2012)

17.16.020 Applicability.

In order to carry out the purpose and intent of JLUS, the following development standards shall apply to the described conical areas, approach areas, accident potential zones (APZs), and noise impact areas indicated on the official Airway Heights Zoning Map. This chapter applies to properties under the influence of FAFB. It provides additional land-use standards or limitations on development than those that are found in the underlying zones and other applicable sections of the Airway Heights Development Code, and specifically this title. The airport overlay zone (Chapter 17.15 AHMC) applies to properties located under the influence of Spokane International Airport. (Ord. C-771 § 4, 2012)

17.16.030 Adoption of Spokane County JLUS Regulations, FAFB Overlay Zone, by reference.

Pursuant to RCW 35A.13.180 the City adopts by reference the Spokane County JLUS Regulations, known as “FAFB Overlay Zone” (FAFBOZ) as adopted by the Spokane County Board of County Commissioners under Resolution 12-0344. A copy of Resolution 12-0344 is attached to the ordinance codified in this chapter as Attachment “A” and incorporated by reference, and is included as Appendix A at the end of this chapter. In the event that this chapter conflicts with the Spokane County FAFBOZ, then within the municipal boundaries of Airway Heights the applicable standards, requirements and conditions shall be as provided in this chapter. All changes to this chapter or the overlay map entitled “Commercial Zoned Properties Potentially Eligible for CUP MF or MU Development” shall be brought to the JLUS Coordinating Committee for review and comment. Notice: Appendix A is a part of this chapter and should be read as part of and in conjunction with this chapter. (Ord. C-771 § 5, 2012)

17.16.040 Airspace and land use safety areas.

The following air space and land use safety areas are established:

A. Primary Surface. This surface defines the limits of the obstruction clearance requirements in the immediate vicinity of the FAFB runway. The primary surface comprises surfaces of the runway, runway shoulders, and lateral safety zones and extends 200 feet beyond the runway end. The width of the primary surface for the FAFB runway is 2,000 feet, or 1,000 feet on each side of the runway centerline.

B. Approach-Departure Clearance Surface. An extension of the primary surface at each end of each runway, for a distance of 50,000 feet, first along an inclined (glide angle) and then along a horizontal plane, both flaring symmetrically about the runway centerline extended. The inclined plane (glide angle) begins in the clear zone 200 feet past the end of the runway, at the same elevation as the end of the runway. It continues upward at a slope of 50:1 (one foot vertically for each 50 feet horizontally) to an elevation of 500 feet above the established airfield elevation. At that point the plane becomes horizontal, continuing at that same uniform elevation to a point 50,000 feet longitudinally from the beginning of the inclined plane (glide angle) and ending there. The width of the surface at the beginning of the inclined plane (glide angle) is the same as the width of the primary surface. It then flares uniformly, reaching the maximum width of 16,000 feet at the end.

C. Transitional Surfaces. These surfaces connect the primary surface, clear zone surfaces, and approach-departure clearance surfaces to the outer horizontal surface, conical surface, other horizontal surface, or other transitional surfaces. The slope of the transitional surface is 7:1 outward and upward at right angles to the runway centerline. To determine the elevation for the beginning of the transitional surface slope at any point along the lateral boundary of the primary surface, including the clear zone, draw a line from this point to the runway centerline. This line will be at right angles to the runway axis. The elevation at the runway centerline is the elevation for the beginning of the 7:1 slope. This surface extends to a height of 150 feet, 2,050 feet from the runway centerline.

D. Inner Horizontal Surface. This surface is a plane oval in shape at a height of 150 feet above the established airfield elevation. The surface begins 2,050 feet beyond the runway centerline and the end of this surface is constructed by scribing an arc with a radius of 7,500 feet above the centerline at the end of the runway and interconnecting these arcs with tangents.

E. Conical Surface. This is an inclined surface 150 feet above the established airfield elevation, extending outward and upward from the outer periphery of the inner horizontal surface (7,500 feet from runway centerline) for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation. The slope of the conical surface is 20:1. This slope ends 14,500 feet from runway centerline.

F. Outer Horizontal Surface. This surface is a plane located 500 feet above the established airfield elevation. It extends for a horizontal distance of 30,000 feet from the outer periphery of the conical surface. The outermost part of this surface is 44,500 feet from runway centerline.

G. Clear Zone. The clear zone at each end of the Fairchild AFB runway is 3,000 feet wide (1,500 feet wide on each side of the runway centerline) by 3,000 feet long. Accident potential on or adjacent to the runway or within the clear zone is so high that the necessary land use restrictions would prohibit reasonable economic use of land. Proposed uses in the clear zone shall be in accordance with the land use requirements in AHMC 17.16.110, Table 1.

H. Accident Potential Zone (APZ) I. APZ-I is 3,000 feet wide (1,500 feet wide on each side of the runway centerline) by 5,000 feet long extending to 8,000 feet from the runway threshold. Proposed uses in APZ-I shall be in accordance with the land use requirements in AHMC 17.16.110, Table 1.

I. Accident Potential Zone (APZ) II. APZ-II is 3,000 feet wide (1,500 feet wide on each side of the runway centerline) by 7,000 feet long extending to 15,000 feet from the runway threshold. Proposed uses in APZ-II shall be in accordance with the land use requirements contained in AHMC 17.16.110, Table 1.

J. “Military impact area(s) (MIA(s))” refers to an area that is impacted by military aviation activities, specifically that area under the operational influence of FAFB. There are three MIAs.

1. “MIA 1” is a nongeometrically defined area covering the entirety of Spokane County.

2. “MIA 2” is a geometrically defined overlay covering all properties within an approximate five-mile radius from the aviation facility’s runway. There is a requirement that as part of any land transactions for properties in this overlay, including sales and leases, real estate notices shall be provided, notifying property users that the properties may be impacted by aviation over-flight activities. Development in this overlay shall be submitted to FAFB for review and comment.

3. “MIA 3/4” is an overlay covering a planning area based on the 1995 FAFB AICUZ sound contours and recommendations from the 2009 JLUS Report. Development in this overlay shall be submitted to FAFB for review and comment.

a. The 65 LdN FAFB sound contour, representing the outer bounds of MIA 3/4, is based upon 2009 JLUS Report, Appendix L, Figure 4. Within the municipal boundaries of Airway Heights, the 65 LdN sound contour is based on the 1995 FAFB AICUZ sound contours.

b. MIA 3/4 also serves as a noise impact and land-use restriction area. Residential development is discouraged in the 65 through 69 LdN and generally prohibited in areas exceeding 70 LdN. No new residential zones or expansion of existing zones that allow for residential uses shall be approved within MIA 3/4 after the adoption of this chapter, except as set forth herein. See AHMC 17.16.140. The City’s adopted 65 LdN sound contour is shown on the most current City of Airway Heights official zoning map.

c. The 70 LdN or higher sound contour represents the area within MIA 3/4 where residential uses are generally prohibited. See AHMC 17.16.140(A). To ensure compatibility between nonresidential land uses and FAFB mission activities, uses are restricted or conditional. The City’s adopted 70 LdN sound contour is based on the 1995 FAFB AICUZ, and is shown on the most current City of Airway Heights official zoning map. (Ord. C-771 § 6, 2012)

17.16.050 General use restrictions.

A. No use shall be made of any land in the airspace and land use safety areas defined herein under any of the following circumstances:

1. The use creates or causes interference with the operations of military communications or electronic facilities.

2. The use makes it difficult for pilots to distinguish between airport lights and other lights.

3. The use results in glare which impairs pilot vision.

4. The use impairs pilot visibility in the vicinity of the Fairchild AFB.

5. The use endangers the landing, taking off, or maneuvering of aircraft.

6. The use creates a wildlife attractant that, in the opinion of the Fairchild AFB, could interfere with military operations.

7. The use would create a fire accelerant or secondary explosion resulting from an aircraft crash in an accident potential zone.

8. Permitted uses shall not create large areas of standing water which would be attractive to bird life or other wildlife which would conflict with base operations.

9. Any use which otherwise endangers incoming or outgoing aircraft or the maneuvering of aircraft in the vicinity of the base.

B. Storm water facilities located within MIA 3/4 shall be designed in compliance with the Washington State Department of Transportation Aviation Stormwater Design Manual – Best Management Practices.

C. New buildings and structures located on vacant parcels created before the effective date of these regulations shall be situated on the side of the parcel farthest from the Fairchild AFB runway centerline and extended runway centerline; provided, that the placement is consistent with the setback requirements of the underlying zone. (Ord. C-771 § 7, 2012)

17.16.060 Height restrictions.

Structures or vegetation may not be constructed, altered, maintained, or allowed to grow in any air space area as described so as to project above the applicable surface, as described in AHMC 17.16.040(A) through (F). The following items are exempt from this provision.

A. Any structure or object that would be shielded by existing permanent structures or by natural terrain or topographic features of equal or greater height.

B. Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration, or an appropriate military service at military airports, with a fixed location and height.

C. Structures necessary and incidental to military aviation operations.

D. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. No structure shall be erected so high as to increase the Federal Aviation Administration landing and/or approach and/or departure minimums for aircraft using the runway of FAFB, unless the Installation Commander approves of such action. (Ord. C-771 § 8, 2012)

17.16.070 Administrative height exception.

A. The Planning Director may, as part of a development permit application process, administratively grant height exceptions after a review of the proposal and issuance of written findings that the proposed development meets the following criteria:

1. The applicant has complied with the Federal Aviation Administration Form 7460-1 review process (Notice of Proposed Construction or Alteration) and provided documentation from FAA that this review process is complete and that FAA has no objections to the proposed development.

2. Fairchild Air Force Base has indicated in writing that the improvement will not adversely affect current or future military operations.

B. Further, the development shall meet at least one of the following criteria:

1. The improvement would be shielded by an adjacent or nearby existing permanent structure or natural terrain feature of equal or greater height compared to the proposed structure.

2. The improvement is an air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration.

3. The proposal is a military service and support improvement, with a fixed location and height which are necessary and incidental to base operations as certified in writing by Fairchild Air Force Base.

C. The Director may require an applicant to provide such technical documentation and illustrations necessary to demonstrate that the proposed development will not threaten or reduce military aircraft safety. (Ord. C-771 § 9, 2012)

17.16.080 Approach-departure clearance surface restrictions.

Building permits will not be issued until the final site development plans have been approved. Such approval may include requirements to mitigate impacts of the project and to ensure that the standards of the zone are upheld. (Ord. C-771 § 10, 2012)

17.16.090 JLUS accident potential zone I (APZ-I) restrictions.

Acceptable land uses include industrial/manufacturing, transportation, communication/utilities, wholesale trade, open space and recreation. However, uses that concentrate people in small areas are not acceptable. Proposed uses in APZ-I shall be in accordance with the land uses in AHMC 17.16.110, Table 1. (Ord. C-771 § 11, 2012)

17.16.100 JLUS accident potential zone II (APZ-II) restrictions.

Acceptable uses include those of accident potential zone I, and those personal and business services and commercial/retail trade uses of low intensity or scale of operation. High density functions such as multi-story buildings, places of assembly (theaters, churches, schools, restaurants, etc.) and high density office uses are not permitted. The optimum density recommended for residential usage (where it does not conflict with noise criteria) in accident potential zone II is two dwelling units per acre. For most nonresidential usage, buildings shall be limited to one story and the lot coverage shall not exceed 20 percent. Proposed uses in APZ-II shall be in accordance with the land uses in AHMC 17.16.110, Table 1. (Ord. C-771 § 12, 2012)

17.16.110 Clear zone, APZ-I and APZ-II.

Proposed uses in the accident potential zones shall be in accordance with the land uses contained in Table 1.

17.16.110 Table 1. Land Use Restrictions in APZs 

SLUCM NO.

LAND USE NAME

CLEAR ZONE

APZ-I

APZ-II

DENSITY

10, 11

Residential, household units

11.11

Single units: detached

N

N

N

11.12

Single units: semi-detached

N

N

N

11.13

Single units: attached row

N

N

N

11.21

Two units: side-by-side

N

N

N

11.22

Two units: one above the other

N

N

N

11.31

Apartments: walk-up

N

N

N

11.32

Apartment: elevator

N

N

N

12

Group quarters

N

N

N

13

Residential hotels

N

N

N

14

Mobile home parks or courts

N

N

N

15

Transient lodgings

N

N

N

16

Other residential

N

N

N

20

Manufacturing3

21

Food and kindred products; manufacturing

N

N

Y

Maximum FAR 0.56 IN APZ-II

22

Textile mill products; manufacturing

N

N

Y

Maximum FAR 0.56 IN APZ-II

23

Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing

N

N

N

24

Lumber and wood products (except furniture); manufacturing

N

Y

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

25

Furniture and fixtures; manufacturing

N

Y

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

26

Paper and allied products; manufacturing

N

Y

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

27

Printing, publishing, and allied industries

N

Y

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

28

Chemicals and allied products; manufacturing

N

N

N

29

Petroleum refining and related industries

N

N

N

31

Rubber and miscellaneous plastic products; manufacturing

N

N

N

32

Stone, clay, and glass products; manufacturing

N

N

Y

Maximum FAR 0.56 in APZ-II

33

Primary metal products; manufacturing

N

N

Y

Maximum FAR 0.56 in APZ-II

34

Fabricated metal products; manufacturing

N

N

Y

Maximum FAR 0.56 in APZ-II

35

Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks

N

N

N

39

Miscellaneous manufacturing

N

Y

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

40

Transportation, communication, and utilities3, 4

41

Railroad, rapid rail transit, and street railway transportation

N

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

42

Motor vehicle transportation

N

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

43

Aircraft transportation

N

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

44

Marine craft transportation

N

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

45

Highway and street right-of-way

Y5

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

46

Automobile parking

N

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

47

Communication

N

Y6

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

48

Utilities7

N

Y6

Y6

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

48.5

Solid waste disposal (landfills, incinerators, etc.)

N

N

N

49

Other transportation, communication, and utilities

N

Y6

Y

See Note 6 below

50

Trade

51

Wholesale trade

N

Y

Y

Maximum FAR of 0.28 in APZ-I and 0.56 in APZ-II

52

Retail trade – building materials, hardware and farm equipment

N

Y

Y

See Note 8 below

53

Retail trade9 – including shopping centers, discount clubs, home improvement stores, electronics superstores, etc.

N

N

Y

Maximum FAR of 0.16 in APZ-II

54

Retail trade – food

N

N

Y

Maximum FAR of 0.24 in APZ-II

55

Retail trade – automotive, marine craft, aircraft, and accessories

N

Y

Y

Maximum FAR of 0.14 in APZ-I and 0.28 in APZ-II

56

Retail trade – apparel and accessories

N

N

Y

Maximum FAR of 0.28 in APZ-II

57

Retail trade – furniture, home, furnishings and equipment

N

N

Y

Maximum FAR of 0.28 in APZ-II

58

Retail trade – eating and drinking establishments

N

N

N

59

Other retail trade

N

N

Y

Maximum FAR of 0.16 in APZ-II

60

Services

61

Finance, insurance and real estate services

N

N

Y

Maximum FAR of 0.22 in APZ-II

62

Personal services

N

N

Y

Office uses only. Maximum FAR of 0.22 in APZ-II.

62.4

Cemeteries

N

Y11

Y11

63

Business services (credit reporting; mail, stenographic, reproduction; advertising)

N

N

Y

Maximum FAR of 0.22 in APZ-II

63.7

Warehousing and storage services12

N

Y

Y

Maximum FAR of 1.0 in APZ-I; 2.0 in APZ-II

64

Repair services

N

Y

Y

Maximum FAR of 0.11 APZ-I; 0.22 in APZ-II

65

Professional services

N

N

Y

Maximum FAR of 0.22 in APZ-II

65.1

Hospitals, nursing homes

N

N

N

65.1

Other medical facilities

N

N

N

66

Contract construction services

N

Y

Y

Maximum FAR of 0.11 APZ-I; 0.22 in APZ-II

67

Government services

N

N

Y

Maximum FAR of 0.24 in APZ-II

68

Educational services

N

N

N

68.1

Child care services, child development centers, and nurseries

N

N

N

69

Miscellaneous

N

N

Y

Maximum FAR of 0.22 in APZ-II

69.1

Religious activities

N

N

N

70

Cultural, entertainment and recreational

71

Cultural activities

N

N

N

71.2

Nature exhibits

N

Y13

Y13

72

Public assembly

N

N

N

72.1

Auditoriums, concert halls

N

N

N

72.11

Outdoor music shells, amphitheaters

N

N

N

72.2

Outdoor sports arenas, spectator sports

N

N

N

73

Amusements – fairgrounds, miniature golf, driving ranges; amusement parks, etc.

N

N

CUP

Occupancy density shall not exceed 180/net acre

74

Recreational activities (including golf courses, riding stables, water recreation)

N

Y13

Y13

Maximum FAR of 0.11 in APZ-I; 0.22 in APZ-II

75

Resorts and group camps

N

N

N

76

Parks

N

Y13

Y13

Maximum FAR of 0.11 in APZ-I; 0.22 in APZ-II

79

Other cultural, entertainment and recreation

N

Y11

Y11

Maximum FAR of 0.11 in APZ-I; 0.22 in APZ-II

80

Resource production and extraction

81

Agriculture (except live stock)

Y4

Y14

Y14

81.5, 81.7

Livestock farming and breeding

N

Y14, 15

Y14, 15

82

Agriculture related activities

N

Y14

Y14

Maximum FAR of 0.28 in APZ-I; 0.56 in APZ-II, no activity which produces smoke, glare, or involves explosives

83

Forestry activities16

N

Y

Y

Maximum FAR of 0.28 in APZ-I; 0.56 in APZ-II, no activity which produces smoke, glare, or involves explosives

84

Fishing activities17

N17

Y

Y

Maximum FAR of 0.28 in APZ-I; 0.56 in APZ-II, no activity which produces smoke, glare, or involves explosives

85

Mining activities18

N

Y18

Y18

Maximum FAR of 0.28 in APZ-I; 0.56 in APZ-II, no activity which produces smoke, glare, or involves explosives

89

Other resource production or extraction

N

Y

Y

Maximum FAR of 0.28 in APZ-I; 0.56 in APZ-II, no activity which produces smoke, glare, or involves explosives

90

Other

91

Undeveloped land

Y

Y

Y

93

Water areas

N19

N19

N19

KEY TO TABLE 1 – LAND USE COMPATIBILITY IN APZS

    SLUCM – Standard Land Use Coding Manual, U.S. Department of Transportation.

    Y (Yes) – Land uses and related structures are normally compatible without restriction.

    N (No) – Land use and related structures are not normally compatible and should be prohibited.

    Yx – Yes with restrictions. The land uses and related structures are generally compatible. However, see notes indicated by the superscript.

    Nx – No with exceptions. The land uses and related structures are generally incompatible. However, see notes indicated by the superscript.

    FAR – Floor area ratio. A floor area ratio is the ratio between the square feet of floor area of the building and the gross site area. It is customarily used to measure non-residential intensities.

    Du/Ac – Dwelling units an acre. This is customarily used to measure residential densities.

NOTES FOR TABLE 1 – LAND USE COMPATIBILITY IN APZS

1.    A “Yes” or a “No” designation for compatible land use is to be used only for general comparison. Within each, uses exist where further evaluation may be needed in each category as to whether it is clearly compatible, normally compatible, or not compatible due to the variation of densities of people and structures.

2.    Intentionally omitted.

3.    Other factors to be considered: Labor intensity, structural coverage, explosive characteristics, air pollution, electronic interference with aircraft, height of structures, and potential glare to pilots.

4.    No structures (except airfield lighting and navigational aids necessary for the safe operation of the airfield when there are no other siting options), buildings, or above-ground utility and communications lines should normally be located in clear zone areas on or off the air installation. The clear zone is subject to the most severe restrictions.

5.    Rights-of-way for fenced highways, without sidewalks or bicycle trails, are allowed.

6.    No above-ground passenger terminals and no above-ground power transmission or distribution lines. Prohibited power lines include high-voltage transmission lines and distribution lines that provide power to cities, towns, or regional power for unincorporated areas.

7.    Development of renewable energy resources, including solar and geothermal facilities and wind turbines, may impact military operations through hazards to flight or electromagnetic interference. Each new development should to be analyzed for compatibility issues on a case-by-case basis that considers both the proposal and potentially affected mission.

8.    Within SLUCM Code 52, maximum FARs for lumberyards (SLUCM Code 521) are 0.20 in APZ-I and 0.40 in APZ-II. For hardware, paint, and farm equipment stores, SLUCM Code 525, the maximum FARs are 0.12 in APZ-I and 0.24 in APZ-II.

9.    A shopping center is an integrated group of commercial establishments that is planned, developed, owned, or managed as a unit. Shopping center types include strip, neighborhood, community, regional, and super-regional facilities anchored by small businesses, a supermarket or drug store, discount retailer, department store, or several department stores, respectively. Included in this category are such uses as big box discount clubs, home improvement superstores, office supply superstores, and electronics superstores. The maximum recommended FAR for SLUCM 53 should be applied to the gross leasable area of the shopping center rather than attempting to use other recommended FARs listed in Table 1 under Retail or Trade.

10.    Ancillary uses such as meeting places, auditoriums, etc., are not recommended.

11.    No chapels or houses of worship are allowed within APZ-I or APZ-II.

12.    Big box home improvement stores are not included as part of this category.

13.    Facilities must be low intensity, and provide no playgrounds, etc. Facilities such as club houses, meeting places, auditoriums, large classes, etc., are not recommended.

14.    Livestock grazing is a compatible land use, but feedlots and intensive animal husbandry are excluded. Activities that attract concentrations of birds creating a hazard to aircraft operations should be excluded.

15.    Feedlots and intensive animal husbandry are included as compatible land uses.

16.    Lumber and timber products removed due to establishment, expansion, or maintenance of clear zone lands owned in fee will be disposed of in accordance with applicable DoD guidance.

17.    Controlled hunting and fishing may be permitted for the purpose of wildlife management.

18.    Surface mining operations that could create retention ponds that may attract waterfowl and present bird/wildlife aircraft strike hazards (BASH), or operations that produce dust or light emissions that could affect pilot vision are not compatible.

19.    Naturally occurring water features (e.g., rivers, lakes, streams, wetlands) are preexisting, nonconforming land uses. Naturally occurring water features that attract waterfowl present a potential BASH. Actions to expand naturally occurring water features or construction of new water features should not be encouraged. If construction of new features is necessary for storm water retention, such features should be designed so that they do not attract water fowl.

(Ord. C-771 § 13, 2012)

17.16.120 Military impact areas.

Proposed uses in the military impact areas zones shall be in accordance with the land uses contained in Table 2.

17.16.120 Table 2. Land Use Regulations in Noise Zones 

LAND USE

LAND USE COMPATIBILITY

SLUCM NO.

LAND USE NAME

DNL or CNEL

65 – 69

DNL or CNEL

70 – 74

DNL or CNEL

75 – 79

DNL or CNEL

80 – 84

DNL or CNEL

85+

10

Residential

N1

N

N

N

N

11

Household units

N1

N

N

N

N

11.11

Single units: detached

N1

N

N

N

N

11.12

Single units: semi-detached

N1

N

N

N

N

11.13

Single units: attached row

N1

N

N

N

N

11.21

Two units: side-by-side

N1

N

N

N

N

11.22

Two units: one above the other

N1

N

N

N

N

11.31

Apartments: walk-up

N1

N

N

N

N

11.32

Apartment: elevator

N1

N

N

N

N

12

Group quarters

N1

N

N

N

N

13

Residential hotels

N1

N

N

N

N

14

Mobile home parks or courts

N

N

N

N

N

15

Transient lodgings

N1

N

N

N

N

16

Other residential

N1

N

N

N

N

20

Manufacturing

21

Food and kindred products; manufacturing

Y

Y2

Y3

Y4

N

22

Textile mill products; manufacturing

Y

Y2

Y3

Y4

N

23

Apparel and other finished products; products made from fabrics, leather, and similar materials; manufacturing

Y

Y2

Y3

Y4

N

24

Lumber and wood products (except furniture); manufacturing

Y

Y2

Y3

Y4

N

25

Furniture and fixtures; manufacturing

Y

Y2

Y3

Y4

N

26

Paper and allied products; manufacturing

Y

Y2

Y3

Y4

N

27

Printing, publishing, and allied industries

Y

Y2

Y3

Y4

N

28

Chemicals and allied products; manufacturing

Y

Y2

Y3

Y4

N

29

Petroleum refining and related industries

Y

Y2

Y3

Y4

N

30

Manufacturing (continued)

31

Rubber and misc. plastic products; manufacturing

Y

Y2

Y3

Y4

N

32

Stone, clay and glass products; manufacturing

Y

Y2

Y3

Y4

N

33

Primary metal products; manufacturing

Y

Y2

Y3

Y4

N

34

Fabricated metal products; manufacturing

Y

Y2

Y3

Y4

N

35

Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks

Y

25

30

N

N

39

Miscellaneous manufacturing

Y

Y2

Y3

Y4

N

40

Transportation, communication and utilities

41

Railroad, rapid rail transit, and street railway transportation

Y

Y2

Y3

Y4

N

42

Motor vehicle transportation

Y

Y2

Y3

Y4

N

43

Aircraft transportation

Y

Y2

Y3

Y4

N

44

Marine craft transportation

Y

Y2

Y3

Y4

N

45

Highway and street right-of-way

Y

Y

Y

Y

N

46

Automobile parking

Y

Y

Y

Y

N

47

Communication

Y

255

305

N

N

48

Utilities

Y

Y2

Y3

Y4

N

49

Other transportation, communication and utilities

Y

255

305

N

N

50

Trade

51

Wholesale trade

Y

Y2

Y3

Y4

N

52

Retail trade – building materials, hardware and farm equipment

Y

25

30

Y4

N

53

Retail trade – including shopping centers, discount clubs, home improvement stores, electronics superstores, etc.

Y

25

30

N

N

54

Retail trade – food

Y

25

30

N

N

55

Retail trade – automotive, marine craft, aircraft and accessories

Y

25

30

N

N

56

Retail trade – apparel and accessories

57

Retail trade – furniture, home, furnishings and equipment

58

Retail trade – eating and drinking establishments

Y

25

30

N

N

59

Other retail trade

Y

25

30

N

N

60

Services

61

Finance, insurance and real estate services

Y

25

30

N

N

62

Personal services

Y

25

30

N

N

62.4

Cemeteries

Y

Y2

Y3

Y4, 11

Y6, 11

63

Business services

Y

25

30

N

N

63.7

Warehousing and storage

Y

Y2

Y3

Y4

N

64

Repair services

Y

Y2

Y3

Y4

N

65

Professional services

Y

25

30

N

N

65.1

Hospitals

CUP

N

N

N

N

65.2

Other medical facilities

25

30

N

N

N

65.16

Nursing homes

CUP

N

N

N

N

66

Contract construction services

Y

25

30

N

N

67

Government services

Y1

25

30

N

N

68

Educational services

CUP

N

N

N

N

68.1

Child care services, child development centers, and nurseries

CUP

N

N

N

N

69.1

Religious activities

CUP

CUP

N

N

N

70

Cultural, entertainment and recreational

71

Cultural activities

CUP

CUP

N

N

N

71.1

Churches

CUP

N

N

N

N

71.2

Nature exhibits

Y1

N

N

N

N

72

Public assembly

CUP

N

N

N

N

72.1

Auditoriums, concert halls

CUP

N

N

N

N

72.11

Outdoor music shells, amphitheaters

CUP

N

N

N

N

72.2

Outdoor sports arenas, spectator sports

CUP

CUP

N

N

N

73

Amusements

CUP

CUP

N

N

N

74

Recreational activities (including golf courses, riding stables, water recreation)

Y

25

30

N

N

75

Resorts and group camps

CUP

N

N

N

N

76

Parks

Y

25

N

N

N

81

Agriculture (except live stock)

Y8

Y9

Y10

Y10, 11

Y10, 11

81.5

Livestock farming

Y8

Y9

N

N

N

81.7

Animal breeding

Y8

Y9

N

N

N

82

Agriculture related activities

Y8

Y9

Y10

Y10, 11

Y10, 11

83

Forestry activities

Y8

Y9

Y10

Y10, 11

Y10, 11

84

Fishing activities

Y

Y

Y

Y

Y

85

Mining activities

Y

Y

Y

Y

Y

89

Other resource production or extraction

Y

Y

Y

Y

Y

KEY TO TABLE 2 – LAND USE COMPATIBILITY IN NOISE ZONES

    SLUCM – Standard Land Use Coding Manual, U.S. Department of Transportation.

    Y (Yes) – Land use and related structures compatible without restrictions.

    N (No) – Land use and related structures are not compatible and should be prohibited.

    Yx – Yes with restrictions. The land use and related structures generally are compatible. However, see note(s) indicated by the superscript.

    Nx – No with exceptions. The land use and related structures are generally incompatible. However, see note(s) indicated by the superscript.

    25, 30, or 35 – The numbers refer to noise level reduction (NLR) levels. NLR (outdoor to indoor) is achieved through the incorporation of noise attenuation into the design and construction of a structure. Land use and related structures are generally compatible; however, measures to achieve NLR of 25, 30, or 35 must be incorporated into design and construction of structures. However, measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these numbers.

    DNL – Day-night average sound level.

    CNEL – Community noise equivalent level (normally within a very small decibel difference of DNL).

    LdN – Mathematical symbol for DNL.

NOTES FOR TABLE 2 – LAND USE COMPATIBILITY IN NOISE ZONES

1.    General.

a.    Although local conditions regarding the need for housing may require residential use in these zones, residential use is discouraged in DNL 65 through 69 and generally prohibited in DNL 70 through 74. Existing residential development is considered as preexisting, nonconforming land uses. Consistent with AHMC 17.16.140(A), an evaluation shall be conducted prior to permit approvals, indicating that a demonstrated community need for residential use would not be met if development were prohibited in these zones, and that there are no viable alternative locations. Along with a demonstration of community need, the applicant shall submit a noise study for the subject property demonstrating that 69 LdN is not exceeded on a recurring basis. The noise study shall be performed by a sound engineer taking cumulative measurements over a seven-day period.

b.    Where nonconforming residential uses are allowed to rebuild or are permitted under the provisions of AHMC 17.16.130 and the community determines that these uses must be allowed, measures to achieve outdoor to indoor NLR of at least 25 decibels (dB) in DNL 65 through 69 and 30 dB in DNL 70 through 74 should be incorporated into building codes and be considered in individual approvals; for transient housing, an NLR of at least 35 dB should be incorporated in DNL 75 through 79.

c.    Normal permanent construction can be expected to provide an NLR of 20 dB, thus the reduction requirements are often stated as 5, 10, or 15 dB over standard construction and normally assume mechanical ventilation, upgraded sound transmission class ratings in windows and doors, and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations.

d.    NLR criteria will not eliminate outdoor noise problems. However, building location, site planning, design, and use of berms and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces.

2.    Measures to achieve NLR of 25 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.

3.    Measures to achieve NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.

4.    Measures to achieve NLR of 35 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas, or where the normal noise level is low.

5.    If project or proposed development is noise sensitive, use indicated NLR; if not, land use is compatible without NLR.

6.    Buildings are not permitted.

7.    Land use is compatible provided special sound reinforcement systems are installed.

8.    Residential buildings require an NLR of 25.

9.    Residential buildings require an NLR of 30.

10.    Residential buildings are not permitted.

11.    Land use that involves outdoor activities is not recommended, but if the community allows such activities, hearing protection devices should be worn when noise sources are present. Long-term exposure (multiple hours per day over many years) to high noise levels can cause hearing loss in some unprotected individuals.

(Ord. C-771 § 14, 2012)

17.16.130 Use determinations.

It is recognized that all possible uses and variations of uses cannot be reasonably listed in Table 1 in AHMC 17.16.110 and Table 2 in AHMC 17.16.120. Any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in Table 1. If the proposed use resembles uses specified in Table 1 and Table 2, in terms of intensity and character, it shall be considered as a permitted/nonpermitted use within the clear zone or accident potential zones or applicable sound contours. If such use is deemed to be a permitted use such use shall be subject to the development standards applicable to the use it most nearly resembles. If a use does not resemble other identified allowable uses within a matrix, it may be permitted as determined by an amendment to this chapter. (Ord. C-771 § 15, 2012)

17.16.140 Compatible uses and densities.

This section specifies additional requirements in addition to those listed in AHMC 17.16.110, Table 1 and AHMC 17.16.120, Table 2, for uses allowed in the military influence areas 3/4. If these requirements conflict with the requirements applicable to the clear and accident potential zones specified in AHMC 17.16.080 through 17.16.110, or those listed in AHMC 17.16.120, Table 2, then the more restrictive requirements apply.

The use and activity categories and associated density maximums and limitations are as follows:

A. Residential Uses. New or expanded residential development is generally prohibited in MIA 3/4. Except for property located in clear zone, APZ-I or II, if prior to the adoption date of this chapter the property was either in a residential zone or subdivided for residential use, such properties may be developed as provided in the underlying zone. Proposed multifamily or mixed-use developments identified as “CUP MF Res Potentially Allowed” properties, on the adopted Appendix B, “Commercial Zoned Properties Potentially Available for CUP MF Residential Development” Map, may be permitted through a conditional use permit, subject to the provisions of the underlying zone. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay. Motels, hotels, and boarding houses where occupancy is arranged for longer than 30 days are considered residential uses.

1. Residential densities shall not exceed the density allowed by the underlying zone adopted prior to adoption of this chapter. For multifamily or mixed-use developments, density shall be between 10 to 20 units per acre.

2. All allowed residences shall comply with all requirements of this chapter to include any sound reduction requirements, as found in the 2005 Department of the Navy “Guidelines for Sound Insulation of Residences Exposed to Aircraft Operations,” produced by the Wyle Research Group, April 2005, notification of aviation activities, and avigation easements. Also, accessory dwelling units (ADUs) may be permitted on nonresidentially zoned properties, provided the ADU is secondary to an industrial or commercial use, such as security or custodial quarters, and is necessary to the security or operational safety of the facility. Such uses require a conditional use permit.

3. Any permitted residential units shall be located on the section of the property farthest from the operational flight path or runway centerline alignment.

4. Any permitted residential units shall have appropriate sound mitigation, avigation easement (where appropriate due to overflight), a real estate notice with a nuisance covenant waiving liability and damages resulting from noise generated by aviation activities. The avigation easement shall grant FAFB the right to occupy airspace above the property to the extent such airspace is located within MIA 3/4. The real estate notice and a nuisance waiver shall be signed by the property owner, its successors, assigns, lessees, occupants, invitees, and all other persons on the property who agree to unconditionally waive the right to make a claim, suit or bring a cause of action against FAFB or the City of Airway Heights for any injury, damage or annoyance caused by aircraft operations.

B. High-Intensity Nonresidential Uses. High-intensity uses are uses that encourage substantial concentrations of people exceeding 180 persons per net acre and are deemed incompatible with Fairchild AFB. These uses are deemed incompatible because of their potential to put a large number of people in harm’s way. Hotels and motels in which occupancy is arranged for over 30 days are deemed residential uses. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay.

1. New or expanded commercial and industrial uses that result in a net density exceeding 180 persons per net acre are not permitted in the 75 LdN and require a conditional use permit in the remainder of the MIA 3/4.

2. Non-aviation related museums, stadiums, race tracks, amphitheaters and arenas are not permitted in sound contours exceeding 69 LdN. Such uses proposed in 65 through 69 LdN require a conditional use permit, as provided for in AHMC 17.03.100 and AHMC 17.16.150.

3. Amusement parks, resorts, group camps, public assembly, concert halls, colleges and universities, religious institutions, hotels and motels, entertainment uses and cultural facilities are not permitted within the LdN 75 or higher contours and require a conditional use permit. All other high-intensity uses are allowed when permitted by the underlying zoning at a net density not exceeding 180 persons per acre, calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site, not including property that has been dedicated as right-of-way.

4. In sound contours less than 75 LdN (65 LdN through 74 LdN), an applicant may request to develop a project that exceeds the 180 persons per net acre occupancy provided:

a. The proposal is not located in the area shown on Appendix B at the end of this chapter, Commercial Zoned Properties Potentially Available for CUP MF Residential Development, as “High-Intensity Non-Residential Uses Prohibited.”

b. The proposal is sent to FAFB for review and comment, as set forth in subsection (H) of this section, and is not located in the clear zone and APZs.

c. The applicant has applied for and received a conditional use permit (CUP), as pro-vided for in AHMC 17.03.100 and in AHMC 17.16.150.

5. For the purpose of this subsection, density shall be calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site, not including property that has been dedicated as right-of-way.

C. Low-Intensity Nonresidential Uses. Low-intensity nonresidential uses do not concentrate people or hazardous materials into small areas, are not sensitive to loud noise and do not directly or indirectly inhibit aviation operations. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay.

1. Nonresidential uses where density does not exceed 180 persons per net acre are deemed to be compatible with Fairchild Air Force Base and are permitted in MIA 3/4 subject to the Airway Heights zoning map.

2. In sound contours less than 75 LdN (65 LdN through 74 LdN), an applicant may request to develop a project that exceeds the 180 persons per net acre occupancy provided:

a. It is sent to FAFB for review and comment.

b. It has applied for and received a conditional use permit (CUP), as provided for in AHMC 17.03.100 and in AHMC 17.16.150.

3. For the purpose of this subsection density shall be calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.

D. Vulnerable Occupant Uses. Vulnerable occupant uses are uses in which a majority of occupants are children, elderly or disabled or other people who have reduced mobility or are unable to timely respond to emergencies or avoid harm’s way. Examples of vulnerable occupant uses include daycare centers, family daycares, schools (preschool-12), hospitals, adult care and other health care facilities where anesthesia is used or patients remain overnight, correctional facilities, retirement homes, nursing homes, convalescent facilities and assisted living care residences. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay.

1. Uses with vulnerable occupants are allowed outside the LdN 75 contour when permitted in the underlying zone at a net density not exceeding 180 persons per net acre calculated by dividing the building code occupancy of all structures on the site. Retirement homes, nursing homes, convalescent facilities, assisted living care residences, hospitals and schools (preschool-12) are not permitted in sound contours exceeding 69 LdN or the approach/departure flight path of FAFB operations. Any such use seeking to locate in sound contours exceeding 64 LdN shall require a conditional use permit, as provided for in AHMC 17.03.100 and in AHMC 17.16.150.

2. For the purpose of this subsection density shall be calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.

E. Critical Community Infrastructure. Critical community infrastructure includes facilities whereby damage or destruction of which would cause significant adverse effects to public health and welfare within or beyond the immediate vicinity or the facility. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay.

1. Examples of critical community infrastructure include police stations, fire stations, emergency communication facilities, power plants and waste water treatment facilities. Critical community infrastructure is permitted in MIA 3/4; provided, that the use is consistent with the underlying zone.

2. For the purpose of this subsection density shall be calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.

F. Hazardous Uses. Hazardous uses are uses that release discharge into the air such as smoke, steam or particulates that impair aircraft pilot visibility, uses that have above-ground hazardous materials storage or uses that require the storage of large quantities of hazardous (flammable, explosive, corrosive or toxic) materials that have the potential to exacerbate an aircraft accident, or uses that attract wildlife hazardous to military aircraft. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay.

1. Examples of hazardous uses include above-ground chemical or fuel storage exceeding household quantities, mining and any uses that have open water that acts as an attraction to birds and thereby creates a bird-aircraft strike hazard.

2. Hazardous uses may be allowed as a conditional use permit if the Hearing Examiner, after consulting with Fairchild AFB, finds that the proposed use will not create a hazard for military aircraft operations and the underlying zone allows the use. The Hearing Examiner may apply such reasonable conditions to the conditional use to assure that the use is compatible with Fairchild AFB.

3. Helipads that are not designated as, and/or do not serve, a military purpose, are not permitted.

G. Accessory Uses. Uses which are identified as a prohibited use as a stand-alone use by the underlying zone are not allowed as an accessory use to a permitted use. For example where a daycare use is prohibited it is not allowed as an accessory use to a permitted use such as an office. Additional regulations and development standards, as found in the specific chapters of this title, apply to any developments proposed within the JLUS overlay.

H. Nonresidential Density. For the purpose of this subsection the calculated density shall be no greater than 180 persons per individual acre after subtracting public rights-of-way. However, in consultation with Fairchild AFB officials, alternatives to this calculation may be allowed by the Planning Director if it is deemed to be compatible with the mission of Fairchild AFB. For the purpose of this section, the terminology “consultation” shall mean written notification by the Director to Fairchild AFB officials of a project proponent’s proposed alternative calculations and consideration by the Director of any comments received from Fairchild AFB officials within 15 days of the officials’ receipt of notice of a proposed alternative. Fairchild AFB shall notify the Planning Director within 15 calender days of receipt of the notification that there is a potential concern with the applicant’s request. Such notice, received either in writing or via e-mail, will automatically trigger a 30-day review period, for a total review time of 45 calender days, to provide Fairchild AFB reviewers adequate time to review and comment on the project. If the Planning Director receives no comment from Fairchild Air Force Base within the initial 15-day comment period, then the Planning Department shall presume that the proposal does not create a concern for Fairchild AFB. Also, any such request shall additionally require a conditional use permit as provided for in AHMC 17.03.100 and in AHMC 17.16.150. (Ord. C-771 § 16, 2012)

17.16.150 Review of permitted uses and conditional use permits locating in MIA 3/4 – Application of reasonable conditions.

A. The Department shall review applications for compliance with the applicable requirements of this chapter.

B. The Director may require a detailed site development plan to include but not be limited to a written description and illustration of site development, specific placement of all site improvements, height of improvements and other site alterations for the development. The information shall include sufficient detail to enable the Department or the Hearing Examiner to determine that the proposal is compatible with current and future operations of FAFB and all requirements of this chapter.

C. The Director or the Hearing Examiner in regards to a conditional use permit may attach reasonable conditions to the approval of use as necessary to assure consistency with this chapter and compatibility with Fairchild Air Force Base. Conditions may address but not be limited to the following:

1. Establishment of buffers.

2. Site specific building placement and enclosures.

3. Vegetation removal and limitations on vegetation heights.

4. Location and installation of utilities.

5. Post-development management and operations.

6. Structural design.

7. Structural height, location and orientation.

8. Light and glare suppression.

9. Birdlife suppression.

10. Air emissions abatement.

11. Limitations on communication equipment.

12. Other reasonable conditions or safeguards that will uphold the purpose and intent of this chapter to protect Fairchild Air Force Base consistent with Comprehensive Plan Goals and Policies.

13. Sound attenuation.

D. The Director or the Hearing Examiner, whichever applies, will seek comment and recommendations from the Fairchild Air Force Base Installation Commander pursuant to subsection (C)(12) of this section. (Ord. C-771 § 16, 2012)

17.16.160 Exemptions – MIA 3/4.

Necessary military or aviation facilities, air navigation facilities, airport visual approach or aircraft arresting devices, meteorological devices, aviation industry related maintenance, military aviation training and education facilities approved by the Federal Aviation Administration (FAA) or the Department of Defense, for which the location and height is fixed by its functional purpose are exempt from the provisions of the Fairchild overlay zone when permitted in the underlying zoning district; provided, that the use will not penetrate the UFC 3-260-01 imaginary surfaces, attract wildlife that is hazardous to aviation, adversely impact base operations, or create a safety impact as determined by the Base Commander. (Ord. C-771 § 17, 2012)

17.16.170 Conflict with underlying zone requirements.

The “JLUS Protections for Fairchild Air Force Base” serve as an overlay district that applies additional standards and requirements to properties located within the underlying zoning designations. Where a requirement from this chapter overlaps or is in conflict with the underlying zone requirements, the most restrictive requirement applies. (Ord. C-771 § 18, 2012)

Appendix A Spokane County JLUS Regulations.

Click to view Appendix A in PDF format

(Ord. C-771 Appx. A, 2012)

Appendix B Commercial Zoned Properties Potentially Available for CUP MF Residential Development.

Click to view Appendix B in PDF format

(Ord. C-771 Appx. B, 2012)