Mukilteo City Zoning Code
CHAPTER 17
86 AIRPORT COMPATIBILITY
§ 17.86.010 Intent.
The purpose of this chapter is to:
A.
Address the airport compatibility requirements requested by Snohomish County in the interlocal agreement for the Phase 1 annexation;
B.
Establish criteria to be used to identify and discourage incompatible uses in the vicinity of Paine Field Airport;
C.
Identify areas where incompatible uses should be discouraged;
D.
Notify property owners that their property is located adjacent to Paine Field Airport and that they may experience impacts from airport operations and may be subject to use, height, or other limitations;
E.
Discourage the siting of uses that attract birds, create visual hazards, discharge particulate matter in the air that could alter atmospheric conditions, emit transmissions that would interfere with aviation communications or instrument landing systems, or otherwise obstruct or conflict with aircraft patterns;
F.
Identify potential aeronautical hazards and preventing or minimizing the adverse impacts to the safe and efficient use of navigable airspace by requiring proof of an airspace analysis pursuant to Federal Aviation Administration regulations before issuing permits for projects that are proposed for development adjacent to Paine Field Airport.
(Ord. 1514 § 1 (Exh. A), 2025)
§ 17.86.020 Applicability.
This chapter shall apply only to the Phase 1 annexation area. This is defined as the portions of the city which were annexed under Ordinance No. 1514.
(Ord. 1514 § 1 (Exh. A), 2025)
§ 17.86.030 Definitions.
means the area within ten thousand two hundred feet of the Paine Field runway 16R-34L centerline between runway thresholds.
means the area within fourteen thousand feet of the Paine Field runway 16R-34L centerline between runway thresholds.
means the owner or appointed representative of an airport who is responsible for managing, superintending, controlling and protecting the airport as provided by state and county law.
is the area under an imaginary approach surface of Paine Field as described in 14 CFR Part 77.19(d).
means a trapezoidal area at ground level off the end of the Paine Field runway, the dimensions of which are defined by the Federal Aviation Administration to enhance the safety and protection of people and property on the ground.
is the area under an imaginary transitional surface of Paine Field as described in 14 CFR Part 77.19(e).
(Ord. 1514 § 1 (Exh. A), 2025)
§ 17.86.040 Exemptions.
A.
The following development activities and uses are exempt from the requirements of this chapter provided the development activity or use will not interfere with airport operations and the use complies with the underlying zone:
1.
Any air navigation use or facility, airport visual approach or aircraft arresting device, meteorological device, or a type of device approach approved by the Federal Aviation Administration, the location and height of which is fixed by its functional purpose.
2.
Development activities which are included in an airport layout plan approved by the Federal Aviation Administration.
3.
Aeronautical activity, including but not limited to:
4.
Development activities that are determined by the community development director to be minor or incidental in nature and consistent with the purpose of this chapter.
B.
Personal wireless service facilities that are subject to the requirements of Chapter 17.17 shall comply with the notice and disclosure requirements of Sections 17.86.050(A) and (D) but are exempt from other provisions of this chapter.
(Ord. 1514 § 1 (Exh. A), 2025)
§ 17.86.050 Regulations applicable to all development.
A.
When a project requires a notice of application or a SEPA determination, notice shall be given to the airport manager.
B.
When a structure is proposed in excess of thirty feet, the applicant shall be required to provide evidence of one of the following prior to approval:
1.
The proposed construction does not require notice to the FAA, per Form 7460-1 as amended, based on standards outlined in 14 CFR Part 77; or
2.
The FAA has issued a determination that the height does not create an obstruction by penetrating the 14 CFR Part 77 surfaces; or
3.
The FAA has conducted an aeronautical study of the proposed structure and issued a determination that the object does create an obstruction but would not create a hazard to the navigable airspace of the airport or impede operations of the airport. If the FAA determination includes recommendations or conditions to mitigate impacts, the following shall apply:
a.
The department shall provide notice of the determination to the airport manager. The airport manager shall be allowed twenty-one days from the date the notice is transmitted to submit comments to the department to demonstrate that the FAA recommendations or conditions would not be sufficient to address adverse impacts to airport operations and, if so, to recommend additional mitigation strategies to address those impacts; and
b.
The applicant shall provide documentation that demonstrates that the project has incorporated all recommendations and conditions included in the FAA determination and any additional recommendations submitted by the airport manager necessary to address any remaining adverse impacts to airport operations demonstrated pursuant to subsection (B)(3)(a) of this section.
C.
The applicant shall be responsible for complying with all other FAA regulations.
D.
Development approvals and building permits shall not be issued until the owner of the property on which the development activity or use is proposed signs and records with the county auditor a disclosure notice that:
1.
Is on a form provided by the city; and
2.
Contains a legal description of the property; and
3.
Bears a notarized signature of the owner; and
4.
Contains the following disclosure text:
Your real property is located within the Airport Influence Area of Paine Field airport. 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. Mukilteo Municipal Code section 17.86.050 requires that you receive this disclosure notice in connection with permits you are or may be seeking. A provision of WAC 173-60-050 provides that "Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations" are exempt from noise control regulations. Mukilteo has adopted airport compatibility regulations in chapter 17.86 MMC which may affect you and your land. You may obtain a copy of chapter 17.86 MMC from the City of Mukilteo. 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. 1514 § 1 (Exh. A), 2025)
§ 17.86.060 Additional requirements for specific uses.
A.
If permissible by the underlying zoning, the following uses shall be required to obtain a conditional use permit:
1.
Health and social service facility, Level II over five thousand square feet;
2.
Day care center;
3.
School, K-12 and preschool;
4.
Church;
5.
Amusement facility over five thousand square feet;
6.
Racetrack;
7.
Motocross racetrack;
8.
Sanitary landfill;
9.
Utility facility, electromagnetic transmission and receiving facility; and
10.
Subdivisions.
B.
Development activities identified in subsection A of this section shall be subject to the following requirements:
1.
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.
2.
The proposal will not result in an average density greater than one hundred 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:
a.
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.
b.
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 15.08. If only a portion of a structure lies within an approach area or transitional area, determine the function of space of that portion.
c.
Determine the total square footage of gross floor area devoted to each function of space.
d.
Identify the corresponding occupant load factor for each function of space, using the fire code, Chapter 15.08.
e.
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.
f.
Total the sum of maximum occupancies of each function of space and divide by the total size in acres to obtain average density.
3.
The applicant shall submit materials with sufficient detail to enable staff to determine that the proposal is compatible with airport operations and consistent with the requirements of this section.
4.
In addition to noticing requirements required elsewhere in the code, the department shall distribute notice of the permit application to the 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.
5.
The hearing examiner may deny, approve, or approve with conditions an application for a development permit or approval within the annexation area 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.
(Ord. 1514 § 1 (Exh. A), 2025)