A. Purpose and Intent. The Cowlitz County airport overlay district is created with the general intent of promoting land use compatibility near airports in Cowlitz County. More specifically:

1. To help reduce the potential for airport hazards by establishing a process for review.

2. To help protect the viability of the Southwest Washington Regional Airport and Woodland State Airport as significant community resources by encouraging compatible land uses and density standards for the purpose of promoting public health, safety and welfare of Cowlitz County residents and aviation users.

3. To recognize the Southwest Washington Regional Airport and Woodland State Airport as essential public facilities, as they are important for Cowlitz County emergency and transportation access, and have continued economic benefits to the region.

4. To define a series of imaginary surfaces and safety zones within the influence area of each airport based on federal aviation regulations.

5. To associate an overlay with these imaginary surfaces, to be used in conjunction with the land use requirements determined for these areas in the Land Use Ordinance and the Comprehensive Plan.

B. Applicability. The regulations contained in this section shall apply to all land, buildings, structures, natural features and uses located within an airport overlay district defined by this chapter.

C. Administration. The Director of the Department of Building and Planning, or his or her designee, shall be responsible for administering the requirements of the airport overlay district in unincorporated areas of Cowlitz County. The Director has the responsibility to develop policies, implement and maintain maps and databases, and enforce the standards as defined by this section.

D. Exemptions. The following structures, uses, and activities are exempt from the provisions of the airport overlay district when permitted in the underlying zoning district:

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

2. Temporary Uses. Aviation shows and related events may be exempt when determined by the Director to be minor or incidental in nature and within the intent of this district. A request for a review shall be required for the temporary use.

3. Nonconforming Uses. A use, lot, building or structure that does not meet the criteria pursuant to this section, but which exists prior to the effective date of this section, shall be allowed to continue subject to the requirements of Chapter 18.02 CCC.

4. Agricultural Operations. Including but not limited to cropping, grazing of livestock, dairying, horticulture and floriculture and all practices common or incidental to agriculture. This shall not include permanent buildings or structures, which are otherwise subject to the requirements of this section. Temporary stands for the sale of agricultural products produced on premises shall be exempt.

5. Home Occupations. When otherwise permitted in the underlying zoning district within an existing residence and no exterior improvements are proposed.

E. Performance Standards.

1. No use, building or structure shall penetrate an imaginary surface defined by this chapter without a conditional determination from the FAA outlining mitigation measures. Such proposed use, building or structure shall be reviewed by Cowlitz County as a special use, pursuant to the provisions of CCC 18.10.280 through 18.10.315. Notice of the special use application shall be provided to the Airport Manager, along with opportunity to comment.

2. New development determined by the FAA to be a hazard to air navigation, or is otherwise determined by the FAA to be objectionable, shall be prohibited.

3. When a division of land occurs within an airport overlay district, the following language shall be placed on the face of the plat or survey prior to recording with the Cowlitz County Auditor:

The subject property is located within an airport overlay district in which a variety of aviation uses and activities occur. Such activities may include, but are not limited to, noise, interference with sleep, vibration, chemicals, odors, dust or other particulate matter, fuel particles, low flying aircraft and other activities associated with the operation of aircraft and operation as well as potential expansion of the airport

F. Enforcement.

1. Cowlitz County Department of Building and Planning is hereby charged with enforcement of this section.

2. Whenever a use, construction, building alteration or development is proposed within an airport overlay district in Cowlitz County, it shall be the duty of the applicant to provide documentation of compliance with Subpart B of the Federal Aviation Regulations Part 77, “Objects Affecting Navigable Airspace.” This shall include submittal to and review by the FAA of Form 7460-1.

G. Appeals. Affected property owners may appeal to the Cowlitz County Hearing Examiner in the process outlined in CCC 18.10.370 through 18.10.395 within 14 days of the date that written notice is sent to the property owner. To be timely, the written notice of appeal must be received within the 14-day time limit. [Ord. 16-167 § 2(d), 12-13-16; Ord. 16-128 § 2, 10-11-16.]