30.32E.070 Uses and development approvals within an airport compatibility area.
(1) Allowed uses under chapter 30.22 SCC shall also be allowed in an airport compatibility area (ACA) when allowed in the underlying zone, except the following uses shall be required to obtain a conditional use permit pursuant to chapter 30.42C SCC if they are permitted or administrative conditional uses within the underlying zone:
(a) Health and Social Service Facility, Level II over 5,000 square feet;
(b) Day Care Center;
(c) School, K-12 and Preschool;
(d) Church;
(e) Amusement Facility over 5,000 square feet;
(f) Racetrack;
(g) Motocross Racetrack;
(h) Stockyard or Slaughter House;
(i) Rendering of Fat, Tallow, or Lard;
(j) Sanitary Landfill; and
(k) Utility Facility, Electromagnetic Transmission and Receiving Facility.
(2) Approvals of the following development activities within an ACA shall be subject to the review requirements in this chapter:
(a) Development in Urban Centers reviewed pursuant to chapter 30.34A SCC;
(b) Subdivisions reviewed pursuant to chapter 30.41A SCC; and
(c) Planned residential developments reviewed pursuant to chapter 30.42B SCC.
(3) Approvals of all uses identified in subsection (1) of this section and development activities identified in subsection (2) of this section within an ACA shall be subject to the following requirements:
(a) The proposal will not locate new structures or the storage of explosives, hazardous waste, fuel, gas or petroleum, or other hazardous materials within the runway protection zone documented in the relevant airport layout plan.
(b) The proposal will not result in an average density greater than 100 persons per acre for that portion of the parcel or parcels to be developed within an approach area or transitional area. The average density of persons per acre is to be calculated as follows:
(i) Determine the total size in acres of the parcel or parcels to be developed within an approach area or transitional area. If only a portion of the parcel or parcels lies within an approach area or transitional area, determine the total size in acres of that portion.
(ii) Determine the Function of Space for each occupancy type within each proposed and existing structure within an approach area or transitional area, using the fire code, chapter 30.53A SCC. If only a portion of a structure lies within an approach area or transitional area, determine the Function of Space of that portion.
(iii) Determine the total square footage of gross floor area devoted to each Function of Space.
(iv) Identify the corresponding Occupant Load Factor for each Function of Space, using the fire code, chapter 30.53A SCC.
(v) Divide the total square footage of gross floor area devoted to each Function of Space by the corresponding Occupant Load Factor to obtain the maximum occupancy of each Function of Space.
(vi) Total the sum of maximum occupancies of each Function of Space and divide by the total size in acres to obtain average density.
(c) Permit applications are subject to the submittal requirements of SCC 30.70.030 and shall comply with the requirements in any application checklist or addendum for a conditional use permit within an ACA as provided by the department pursuant to SCC 30.70.030. The checklist may require additional information and materials, such as a site plan that includes proximity to airport runways, approach areas, and transitional areas. Submittal materials should be of sufficient detail to enable the staff reviewer to determine that the proposal is compatible with airport operations and consistent with all requirements of this chapter. A pre-application meeting under SCC 30.70.020 is strongly recommended.
(d) In addition to the notice requirements outlined in SCC 30.70.045, the department shall distribute notice of the permit application to the relevant airport manager and shall allow the airport manager to submit comments to the department regarding the proposal, including those related to potential adverse impacts on airport operations and FAA standards.
(4) The hearing examiner may deny, approve, or approve with conditions an application for a development permit or approval within an ACA and subject to the hearing examiner’s jurisdiction pursuant to any applicable requirements in this title. The application shall be approved only if the hearing examiner finds the proposal will not require a change in airport operations or flight patterns, including but not limited to adverse impacts due to concentrations of people, height hazards, noise abatement procedures, visual hazards such as lighting and reflective building materials, emissions such as smoke, steam, dust, gas or thermal plumes, transmissions that may cause electrical interference, or wildlife attractants. (Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).