Chapter 19.17
AIRPORT/PORT/NAVY COMPATIBILITY OVERLAY

Sections:

19.17.005    User guide.

19.17.010    Purpose.

19.17.020    Applicability—Airport compatibility.

19.17.030    Exemptions.

19.17.040    Preexisting uses.

19.17.050    Airport compatibility area map.

19.17.060    Repealed.

19.17.070    Uses and development approvals within the airport compatibility area.

19.17.080    Notice and disclosure required within an airport influence area.

19.17.090    Disclosure text for airport influence area.

19.17.100    Port and naval compatibility area designated.

19.17.110    Port compatibility area.

19.17.120    Compatibility with Naval Station Everett.

19.17.005 User guide.

This chapter establishes a mechanism for review of project proposals and permits within areas close in proximity to Paine Field, the Port of Everett, and/or Naval Station Everett. These areas are characterized by heavy industrial use and higher levels of noise, light, and glare than otherwise found in other areas of the city. (Ord. 3774-20 § 7 (Exh. 5), 2020.)

19.17.010 Purpose.

The purpose of this chapter is to provide for uses allowed in the underlying zones while protecting Paine Field, the Port of Everett, and/or Naval Station Everett from nearby incompatible land uses and development by:

A.    Identifying areas where incompatible uses should be discouraged;

B.    Notifying property owners if their property is located adjacent to Paine Field, the Port of Everett marine terminal, or Naval Station Everett, that they may experience impacts from operations and may be subject to certain limitations;

C.    Recognizing and supporting Paine Field, Port of Everett and Naval Station Everett as essential public and military facilities and significant economic resource; and

D.    Promoting land use compatibility between properties located near Paine Field, the Port of Everett marine terminal, and Naval Station Everett and operations at each of these major facilities. (Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.020 Applicability—Airport compatibility.

A.    Airport compatibility requirements of this chapter applies to:

1.    Development activities and uses within the airport influence area (AIA), as defined in subsection (B) of this section and the table below.

2.    Development activities and uses within the airport compatibility area (ACA), as defined in subsection (B) of this section and the table below.

B.    Airport Name: Snohomish County Airport/Paine Field.

FAA Identifier: KPAE.

Airport Elevation: 609 feet.

Table 17-1: Paine Field AIA-ACA

Runways

Runway Alignment

Runway Length

ACA Distance

AIA Distance

16R/34L

N/S, West

9,010 feet

10,200 feet

14,000 feet

16L/34R

N/S, East

3,004 feet

7,200 feet

9,000 feet

12/30

NW/SE

2,000 feet

5,700 feet

9,000 feet

(Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.030 Exemptions.

A.    Airport Compatibility. The following development activities and uses are exempt from the airport compatibility requirements of this chapter, provided the development activity or use will not interfere with airport operations:

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

2.    Aeronautical activity, including but not limited to:

a.    Aerospace industry and aerospace manufacturing;

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

c.    Aerospace and aviation educational facilities, including technical schools and flight training schools.

3.    Development activities regulated by the city’s construction codes, EMC Title 16, which are determined by the planning director to be minor or incidental in nature and consistent with the purpose of this chapter.

B.    Personal wireless telecommunications services facilities that are subject to the requirements of EMC 19.13.020 shall comply with the requirements of EMC 19.17.080 and 19.17.090 but are exempt from other provisions of this chapter.

C.    Minor exterior alterations which are incidental in nature and consistent with the purpose of this chapter. (Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.040 Preexisting uses.

A.    Uses and structures lawfully established as of effective date of the ordinance codified in this chapter are exempt from the requirements of EMC 19.17.070.

B.    Expansion of any use or structure identified in EMC 19.17.070(A) shall be exempt from the provisions of EMC 19.17.070 when the use of the structure lawfully existed at the effective date of the ordinance codified in this chapter.

C.    A preexisting use may be changed to any use allowed by the underlying use zone. (Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.050 Airport compatibility area map.

The boundaries of the airport influence area, runway protection zone, and airport compatibility area from Table 17-1 above, are illustrated in the airport compatibility overlay map shown in Map 17-1.

Map 17-1: Airport Compatibility Area

(Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.060 Federal Aviation Administration review.

Repealed by Ord. 3774-20. (Ord. 3458-15 § 1 (part), 2015.)

19.17.070 Uses and development approvals within the airport compatibility area.

A.    Permitted Uses and Development Activities. All properties located within the airport compatibility area (ACA) shall be permitted to have the same uses as permitted in the underlying zoning district subject to the requirements of the underlying use zone and the requirements of this chapter.

B.    Approvals of all uses and development activities within an ACA shall be subject to the following requirements:

1.    Runway Protection Zone. The proposal will not locate the storage of explosives, hazardous waste, fuel, gas or petroleum, or other hazardous materials within the runway protection zone set forth in Map 17-1 and the Paine Field Airport Master Plan.

2.    Structure Height Limitations.

a.    No structure, including any rooftop appurtenance and construction-related equipment (e.g., cranes), shall be erected, altered, or maintained that will penetrate or interfere in any way with the airport’s airspace plan as set forth in the Paine Field Airport Master Plan or that allowed in accordance with the adopted 14 CFR Part 77, Federal Aviation Administration (FAA) Regulations. Penetration of any airport surface as defined in 14 CFR Part 77 may only be allowed if explicitly authorized by the FAA.

b.    An applicant for a permit or approval is responsible for researching 14 CFR Part 77 to determine whether notification is required, regardless of whether the property that is the subject of the application is within or outside of the airport compatibility area (ACA). Nothing in this chapter shall diminish the responsibility of the project proponents to submit FAA Form 7460-1, “Notice of Proposed Construction or Alteration” to the FAA if required by 14 CFR Part 77.

3.    Permit applications for uses proposed within an ACA shall provide information showing proximity to airport runways, approach areas, and transitional areas. Application materials should be of sufficient detail to determine that the proposal is compatible with airport operations and consistent with all requirements of this chapter.

4.    In addition to any notice requirements for the proposed use or underlying use zone, the city shall provide notice of new development activities with ten thousand square feet of gross floor area or greater, or any development with a building or structure that is taller than thirty feet within the airport compatibility area, to the Paine Field airport manager and shall allow the airport manager to submit comments to the department regarding the proposal, including those related to potential adverse impacts on airport operations and FAA standards.

C.    The city may deny, approve, or approve with conditions an application for a development permit or approval within an ACA. The application shall be approved only if the proposal will not require a change in airport operations or flight patterns, including but not limited to adverse impacts due to concentrations of people, height hazards, noise abatement procedures, visual hazards such as lighting and reflective building materials, emissions such as smoke, steam, dust, gas or thermal plumes, transmissions that may cause electrical interference, or wildlife attractants. (Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.080 Notice and disclosure required within an airport influence area.

A.    When notice of application is required in EMC Title 15, the city shall provide notice of applications for development activities or uses within an ACA to the airport manager of Paine Field.

B.    Applicants for development within an ACA are encouraged to work cooperatively with the airport manager and refer to FAA and Washington State Department of Transportation guidance related to airport and land use compatibility.

C.    Development approvals and building permits for development activity and uses subject to EMC 19.17.070(B)(4) shall not be issued until the owner of the property with the proposed development activity or use signs and records with the county auditor a disclosure notice that:

1.    Is in a form provided by the department;

2.    Contains a legal description of the property;

3.    Bears a notarized signature of the owner; and

4.    Contains the disclosure text set forth in EMC 19.17.090.

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

D.    In no case shall liability attach to the city for any actions, error, or omissions of any person subject to the requirements of this section. (Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.090 Disclosure text for airport influence area.

The following shall constitute the airport influence area disclosure required by EMC 19.17.080:

Your real property is located within the Airport Influence Area of Paine Field. Occupants of properties within the Airport Influence Area may be subject to inconveniences or discomforts arising from aviation activities, including but not limited to noise, odors, fumes, dust, smoke, hours of operation, low overhead flights and other aeronautical activities. Everett Municipal Code (EMC) 19.17.080 requires that you receive this disclosure notice in connection with permits you are or may be seeking. A provision of EMC 20.08.100 provides that “Noise originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations” is exempt from noise control regulations. The City of Everett has adopted airport compatibility regulations in Chapter 19.17 EMC which may affect you and your land. You may obtain a copy of Chapter 19.17 EMC from the City of Everett. In addition, current and future property owners are notified that the Federal Aviation Administration establishes standards and notification requirements for potential height hazards that may be caused by structures, buildings, trees and other objects affecting navigable air space through 14 Code of Federal Regulations Federal Aviation Regulations Part 77. This disclosure may no longer be applicable if the subject property is removed from the Airport Influence Area.

(Ord. 3774-20 § 7 (Exh. 5), 2020; Ord. 3458-15 § 1 (part), 2015.)

19.17.100 Port and naval compatibility area designated.

A port and naval compatibility area (“PCA” or “NCA”), as set forth in Map 17-2, is established. Development within these areas is subject to the requirements set forth in EMC 19.17.110 and 19.17.120.

Map 17 -2: Port and Naval Compatibility Area Map

(Ord. 3774-20 § 7 (Exh. 5), 2020.)

19.17.110 Port compatibility area.

This section applies to development activities and uses within the port compatibility area (“PCA”), as set forth in Map 17-2.

A.    Uses and Development Approvals Within the Port Compatibility Area (PCA). All properties located within the PCA shall be permitted to have the same uses as permitted in the underlying zoning district subject to the requirements of the underlying use zone and the requirements of this section.

1.    The city shall provide notice of permit applications to the managers of the port for new developmental activities with more than ten thousand square feet of gross floor area within the PCA, and shall allow the manager(s) to submit comments to the department regarding the proposal, including those related to potential adverse impacts on port operations, in addition to any notice requirements for the proposed use or underlying use zone for Review Process II, III, or V application. A preapplication meeting under EMC Title 15 may be required unless waived by the city.

2.    The city shall consider comments provided by the Port of Everett, and where necessary, apply such conditions of approval to mitigate potential impacts to port operations or to identify measures the applicant may employ to mitigate potential or perceived impacts to their proposed project related to existing or future port operations.

B.    Notice and Disclosure Within Port Compatibility Area. This subsection establishes notification and disclosure requirements for any development activities or uses within a port compatibility area (PCA) subject to the requirements of this section.

1.    The city shall provide written notice to applicants that their project is within the PCA. That notice shall include the following language:

Your real property is located within the Port Compatibility Area (PCA). Occupants of properties within the PCA may be subject to inconveniences or discomforts arising from maritime activities, including but not limited to noise, odors, glare, fumes, dust, construction activity, smoke, traffic, hours of operation, low overhead flights and other maritime activities. Everett Municipal Code (EMC) 19.17. requires that you receive this disclosure notice in connection with permits you are or may be seeking. Provisions of EMC 20.08 provide that noise exemptions apply to “created by watercraft ... in operation”, and “operation of equipment or facilities of surface carriers engaged in commerce by railroad”. The City of Everett has adopted PCA regulations in Chapter 19.17 EMC which may affect you and your land.

2.    Applicants for development within the PCA are encouraged to work cooperatively with the Port of Everett in the design of proposed buildings or land development proposals in order to address design elements that will promote compatibility with port operations and to mutually benefit both parties. (Ord. 3774-20 § 7 (Exh. 5), 2020.)

19.17.120 Compatibility with Naval Station Everett.

A.    Applicability. This section applies to development activities and uses within the Navy compatibility area (“NCA”), as set forth in Map 17-2.

B.    Uses and Development Approvals Within the Navy Compatibility Area (NCA).

1.    All properties located within the NCA shall be permitted to have the same uses as permitted in the underlying zoning district subject to the requirements of the underlying use zone and the requirements of this section.

2.    The city shall provide notice of permit applications to Naval Station Everett for new development activities within the NCA, and shall allow Naval Station Everett to submit comments to the department regarding the proposal, including those related to potential adverse impacts on Navy operations,

3.    The city shall consider comments provided by Naval Station Everett, and where necessary, apply such conditions of approval to mitigate potential impacts to Navy operations or to provide measures to mitigate impacts created by port operations and other activities within the NCA.

4.    Applicants for development within the NCA are encouraged to work cooperatively with Naval Station Everett in the design of proposed buildings or land development proposals in order to address design elements that will promote compatibility with Navy operations and to mutually benefit both parties.

C.    Additional Standards for Development in the Navy Compatibility Area.

1.    Security Setbacks. New facilities, including buildings, parking, storage areas and public access trails, are not permitted within fifty feet of Naval Station Everett. Roads and driving aisles are permitted within this fifty-foot setback.

2.    Outdoor Storage of Bulk Materials. Bulk materials cannot be located in required security setbacks from Naval Station Everett set forth in subsection (C)(1) of this section.

3.    Landscaping. Landscaping on property adjacent to Naval Station Everett shall be maintained between eighteen inches and six feet above grade to allow visibility of the required security setback areas set forth in subsection (C)(1) of this section.

4.    Required Coordination. Any development that is on a lot within two hundred feet of Naval Station Everett or has frontage on the shoreline shall coordinate with Naval Station Everett on security and public safety issues. A comprehensive security and public safety plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be provided at least fifteen days to review and comment on the plan. The planning director is authorized to establish conditions that address potential security impacts upon Naval Station Everett.

5.    Electromagnetic Radiation. Any business within one-fourth mile (one thousand three hundred twenty feet) of Naval Station Everett that generates electromagnetic radiation (EMR) shall coordinate with Naval Station Everett. An EMR frequency spectrum plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be provided at least fifteen days to review and comment on the plan. The planning director is authorized to establish conditions that address potential EMR impacts to Naval Station Everett.

6.    Marine Traffic. Any development that generates marine traffic in the Everett Harbor must coordinate with Naval Station Everett. A port operations plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be provided at least fifteen days to review and comment on the plan. The planning director is authorized to establish conditions that address potential impacts from marine traffic on Naval Station Everett.

7.    Windows. All windows on north facing facades within one hundred feet of Naval Station Everett shall be translucent (does not allow views to Naval Station Everett). (Ord. 3774-20 § 7 (Exh. 5), 2020.)