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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, 2015.)