1. It is the purpose of this chapter to prevent incompatible land uses in the vicinity of Fairchild Air Force Base (Fairchild AFB) consistent with the recommendations of Fairchild AFB 2009 Joint Land Use Study, Air Installation Compatible Use Zone Study (AICUZ) and the goals and policies of the comprehensive plan.

2. Fairchild AFB has recognized aviation operational characteristics that are unique and necessitate a modified approach to the regulation of vicinity land uses. These characteristics include but are not limited to military aircraft approach and departure operations affecting a more expansive geographic area and more intense aircraft operation noise characteristics resulting from the staging of unique events such as air shows and special military preparedness operations, and periodic visits by aircraft from other military air installations.

3. It is recognized that Fairchild AFB current primary missions may be modified in the future to include more substantial aircraft operations involving more intrusive aircraft. The effects of the regulations below should protect and enable Fairchild AFB’s expansion of its military mission which will enhance the region’s economy, while enhancing the security of the United States.

4. The overlay regulations herein are intended to prevent incompatible land uses in the vicinity of Fairchild AFB based on the findings:

1. 1. It is necessary to prevent new development and activities near Fairchild AFB which could create significant aviation hazards of an obstructive nature that adversely affect current and future military operations. Hazards of an obstructive nature, in effect, reduce the size of the area available for military aircraft operations destroying or impairing the utility of Fairchild AFB and the public investment therein.

1. 2. It is recognized that Fairchild AFB is a key element of a strong economic base for the region and that it is essential that it be protected from incompatible land uses and hazardous encroachments that would cause curtailment of the Fairchild AFB mission or even closure pursuant to the Base Realignment and Closure Commission (BRAC) process.

1. 3. It is recognized that it is essential to protect public and private investments in U.S. Air Force military facilities for which there may be no feasible future replacement.

1. 4. The regulations herein are necessary to effectively implement the air transportation goals and policies of the comprehensive plan.

1. 5. These regulations are necessary to effectively implement RCW 36.70A.530 which encourages land uses in the vicinity of Fairchild AFB which are compatible with military installations such as Fairchild AFB.

1. 6. These overlay regulations are intended to minimize exposure of residential and other noise sensitive land uses from uncontrollable aircraft noise and high numbers of aircraft overflights; to minimize risks to public safety from potential aircraft accidents; and to restrict incompatible land uses within designated military influence areas as described in this section.

1. 7. The purpose of the regulations herein is to safeguard the public health and welfare by establishing minimum requirements regulating the design and construction of certain buildings for human occupancy in the sound sensitive vicinity of Fairchild AFB.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

This Fairchild Overlay Zone (FOZ) regulation apply to the military influence areas described in SMC 17C.182.100, SMC 17C.182.200 and SMC 17C.182.400 and illustrated on the official zoning map. The Fairchild overlay zone serves as an overlay district that applies additional standards and requirements to properties located within the underlying zoning designations. Where a FOZ requirement overlaps or is in conflict with the underlying zone requirement the most restrictive requirement applies.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

The degree and scope of protection of Fairchild AFB provided by these regulations is considered the minimum necessary to protect current and future Fairchild AFB operations and are reasonable for regulatory purposes and are based on planning and research in coordination with aviation and defense agencies.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

In order to carry out the purpose and intent of the Fairchild air installation compatible use zone study and to restrict those uses which may be hazardous to the operational safety of military aircraft the military airspace described in department of defense Unified Facilities Criteria (UFC) 3-260-01 (hereinafter referred to as UFC 3-260-01) are hereby established. The UFC 3-260-01 military airspace and any revisions made thereto are adopted by reference and made an official part of this chapter.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. Structures may not be constructed, altered or maintained which would penetrate military airspace or vegetation allowed to grow into or project into military airspace as described in UFC 3-260-01. The Federal Aviation Administration shall review all development requests for consistency with this requirement. The planning services director may require a development applicant to provide such technical documents and illustrations as necessary to demonstrate that the proposed development will not penetrate an imaginary surface. Where an area or improvement is subject to more than one military airspace height limitation specified in this chapter, the more restrictive limitation shall prevail.
   
2. Upon submission of an application for development approval, the filing of FAA form 7460-1 or any other appropriate federal forms necessary to comply with federal military airspace protection requirements may be required based on overall height, location, and/or nature of the proposed improvement. Federal military airspace requirements are included in department of defense publication UFC-3-260-01 and in FAA Codified Federal Regulation (CFR) part 77.
   
3. Proposed developments that have the potential to penetrate military airspace as described in UFC 3-260-01 will be reviewed by Fairchild AFB. The planning services director shall consider Fairchild AFB comments and recommendations prior to a final decision on the proposed development.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. The planning services director may, as part of a development permit application process, administratively grant height exceptions after a review of the proposal and issuance of written findings that the proposed development meets the following criteria:

1. 1. The applicant has complied with the Federal Aviation Administration form 7460-1 review process (Notice of Proposed Construction or Alteration) and provided documentation from FAA that this review process is complete and that FAA has no objections to the proposed development.

1. 2. The requirements of SMC 17C.182.600 have been satisfied.

2. Further, the development shall meet at least one of the following criteria:

1. 1. The improvement would be shielded by an adjacent or nearby existing permanent structure or natural terrain feature of equal or greater height compared to the proposed structure.

1. 2. The improvement is an air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Federal Aviation Administration.

1. 3. The proposal is a military service and support improvement, with a fixed location and height which are necessary and incidental to Fairchild AFB operations as certified in writing by Fairchild AFB.

3. The planning services director may require an applicant to provide such technical documentation and illustrations necessary to demonstrate that the proposed development will not threaten or reduce military aircraft safety.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Fairchild Air Force Base Military Influence Areas (MIA) are hereby established as integral components of the Fairchild Overlay Zone (FOZ). Land within the MIAs is subject to the regulations of the underlying zones as well as the regulations specified in this chapter. The MIAs are illustrated on the official zoning map and are described as follows:

1. Military Influence Area 1 – Relating to Regional and Non-Geographic Specific Activities.

MIA 1 encompasses the geographical area within Spokane County’s boundaries to include all the County’s cities. The Fairchild AFB Joint Land Use Study (JLUS) for this MIA identified two types of strategies for MIA 1. The first type of strategy applies to Spokane County as a whole and can vary in geographic scope depending on the specific issues. The second type of strategy does not apply to a specific geographic area because they are processes and procedures related to local governments. An example of this is a JLUS strategy which suggests the creation of a JLUS coordinating committee that will oversee implementation of JLUS strategies intended to protect Fairchild AFB. Other strategy examples include but are not limited to promoting intergovernmental and interagency coordination and collaboration regarding planning and development activities within MIA 1 potentially affecting Fairchild AFB; such as incorporating military housing needs in comprehensive plans; and implementing evaluation processes that protect military airspace and preventing conflicts with military electronic communications systems.

2. Military Influence Area 2 – Coordination and Collaboration Area.

This MIA extends approximately twenty-six thousand four hundred feet (approximately five miles) from the Fairchild AFB runway. This MIA defines an area where Fairchild AFB aircraft over flights occur and where avigation easements are necessary. More extensive interagency coordination is required regarding evaluation of land use policies and development proposals potentially affecting Fairchild AFB operations. Additionally, prevention of bird strikes on aircraft and other wildlife intrusions affecting Fairchild AFB operations are discouraged, Fairchild AFB and FAA review of project proposals are required to ensure that structures do not penetrate department of defense military airspace and prevent interference with military electronic communications. MIA 2 is also intended to promote an enhanced level of notification to the public regarding military aircraft over flight and their associated impacts.

3. Military Impact Area 3/4 – Land Use Compatibility Area/Sound Impact Area.

1. 1. MIA 3/4 is the primary land use impact area whereby land uses and development densities have the potential to adversely impact Fairchild AFB operations and is illustrated on the official zoning map. MIA 3/4 applies land use restrictions and use densities to protect the health and safety of the general public and assure that uses will not conflict with Fairchild AFB operations and prevent concentrations of people in harm’s way. The shape and scope of MIA 3/4 is based on an evaluation of military aircraft over flight patterns and in consideration of proximity to the military aircraft sixty-five Ldn sound impact contour.

1. 2. The sixty-five Ldn sound contour is illustrated in the 2008 Noise Technical Report for the Fairchild Air Force Base JLUS, figure 4, Fairchild scenario 3 involving deployment of current and future aircraft.

1. 3. MIA 3/4 also serves as a noise reduction area. The purpose for designating MIA 3/4 as a noise reduction area is to require use of sound reducing design and materials in the new residential structures.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

The land use regulations applicable to MIA 3/4 specified in this section are based on the Washington State department of transportation division of aviation airports and compatible use guidelines. These regulations are further based on a review of military flight operations in the vicinity of Fairchild AFB.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. This section classifies land uses and activities into use categories on the basis of common characteristics that are potentially compatible or incompatible with Fairchild AFB missions. Uses that put people in harm’s way, increase the risk or severity of an aircraft accident, endanger public infrastructure, or reduce the long-term functionality and economic viability of the region’s civil and military aviation facilities are considered incompatible.

2. Uses Not Listed.

Examples of uses that are included in the use category are provided. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is “wholesale liquidation” but that sells mostly to consumers would be considered a retail sales use rather than a wholesale sales use. As such it would be in the high intensity uses category rather than the low intensity uses category. This is because the actual activity on the site matches the description of the retail sales and service category. A use may not be listed but may have the same incompatible characteristics as a listed use. The planning services director may determine that a proposed use has similar incompatible characteristics as other uses that are permitted or not permitted and therefore should also be permitted or not permitted.

3. This section also specifies uses and densities allowed in military influence area 3/4. If these requirements conflict with the requirements applicable to the clear and accident potential zones specified in SMC 17C.182.400 the more restrictive requirements apply. The use and activity categories and associated density maximums and limitations are as follows:

1. 1. Residential Uses.

1. 1. 1. The residential use category includes a variety housing types and densities consistent with the underlying residential zoning. Examples of residential uses include single-family residences, duplexes, manufactured homes, condominiums, apartments, group homes and motels, hotels, boarding houses where occupancy is arranged for longer than thirty days.

1. 1. 2. Urban residential uses are permitted in the MIA 3/4 where the underlying zone is residential. Residential uses are not permitted where the underlying zone is industrial, commercial or other non-residential zone. Urban residential densities shall not exceed the density allowed by the underlying zone adopted prior to adoption of this chapter. Urban residential zones adopted prior to the adoption of this regulation shall not be geographically expanded. New residential zones are prohibited. Residential densities allowed by residential zones adopted prior to the adoption of this chapter shall not be increased.

1. 1. 3. Undeveloped parcels of record legally created prior to this regulation may be developed with a single-family home provided the underlying zone allows the use and density. All allowed residences shall comply with all requirements of this chapter to include the sound reduction requirements in SMC 17C.182.300.

1. 1. 4. Zoning changes and planned unit developments that allow for further urban residential densification or new or expanded residential zones within MIA 3/4 are not permitted.

1. 2. High Intensity Non-Residential Uses.

1. 1. 1. High intensity uses have the potential to concentrate a large number of people in a small area and are deemed incompatible with Fairchild AFB. These uses are deemed incompatible because of their potential to put a large number of people in harm’s way. Examples of high intensity uses include religious institutions, theaters, auditoriums, arenas, concert halls, amphitheaters, meeting halls, gymnasiums, skating rinks, bowling alleys, arcades, community centers, universities and colleges, museums, public libraries, funeral homes, arenas, outdoor amphitheaters, outdoor spectator sports, racetracks and speedways, amusement parks, water feature parks and facilities, campgrounds, fairgrounds, circuses, carnivals, eating and drinking establishments, farmers markets, retail sales and services, shopping centers, hotels, motels, auction events, offices, businesses with a large number of employees, bus and rail passenger terminals and mass shelters. Hotels and motels in which occupancy is arranged for over thirty days are deemed residential uses.

1. 1. 2. Non-aviation related museums, libraries, race tracks, hotels, motels, resorts, group camps, non-aviation related colleges and universities, participant sports and recreation, amusement parks, recreational vehicle parks, entertainment uses, cultural facilities, public assembly facilities (concert halls, theaters, stadiums, amphitheaters, arenas, community centers, churches and similar facilities) are not permitted.

1. 1. 3. All other high intensity uses are allowed when permitted by the underlying zoning at a net density not exceeding one hundred eighty persons per individual acre calculated by dividing the building code occupancy of all structures on the site by the acreage of the subject site not including property that has been dedicated as right-of-way.

1. 3. Low Intensity Non-Residential Uses.

1. 1. 1. Low intensity non-residential uses do not concentrate people or hazardous materials into small areas, are not sensitive to loud noise and do not directly or indirectly inhibit aviation operations. Examples of low intensity uses include agricultural uses (that do not attract wildlife hazardous to aviation operations), kennels, animal clinics, sales of motorcycles, automobiles, trucks, marine craft, manufactured homes and recreation vehicles, commercial parking, quick vehicle service, maintenance and repair shops, towing services, taxicab terminals, wholesale sales, ministorage, warehouses, non-labor intensive manufacturing, printing and publishing, cemeteries, trails, rail lines, roads, underground utilities.

1. 1. 2. Low intensity non-residential uses which do not allow a net density to exceed one hundred eighty persons per net acre are deemed to be compatible with Fairchild AFB and are permitted in MIA 3/4 where the underlying use allows the use.

1. 4. Vulnerable Occupant Uses.

1. 1. 1. Vulnerable occupant uses are uses in which a majority of occupants are children, elderly or disabled or other people who have reduced mobility or are unable to timely respond to emergencies or avoid harm’s way. Examples of vulnerable occupant uses include daycare centers, family daycares, schools (grades K-12), hospitals, adult care and other health care facilities where anesthesia is used or patients remain overnight, correctional facilities, retirement homes, nursing homes, convalescent facilities and assisted living care residences.

1. 1. 2. Uses with vulnerable occupants are allowed outside the Ldn seventy-five contour when permitted in the underlying zone at a net density not exceeding one hundred eighty persons per individual acre calculated by dividing the building code occupancy of all structures on the site, provided that retirement homes, nursing homes, convalescent facilities, assisted living residences, community treatment facilities, child day care and preschools, hospitals and schools (grades K-12) are not permitted in MIA 3/4.

1. 5. Critical Community Infrastructure.

1. 1. 1. Critical community infrastructure includes facilities whereby damage or destruction of which would cause significant adverse effects to public health and welfare within or beyond the immediate vicinity or the facility. Examples of critical community infrastructure include police stations, fire stations, emergency communication facilities, power plants and waste water treatment facilities.

1. 1. 2. Critical community infrastructure is permitted in MIA 3/4 provided that the use is consistent with the underlying zone.

1. 6. Hazardous Uses.

1. 1. 1. Hazardous uses are uses that release discharge into the air such as smoke, steam or particulates that impair aircraft pilot visibility, uses that have above ground hazardous materials storage or uses that require the storage of large quantities of hazardous (flammable, explosive, corrosive or toxic) materials that have the potential to exacerbate an aircraft accident, uses that attract wildlife hazardous to military aircraft or uses that otherwise could create a hazard for aviation operations. Examples of hazardous uses include above ground chemical or fuel storage exceeding household quantities, heliports or helipads, mining and any uses that have open water associated with the use. Pooling of water resulting from compliance with SMC 17C.182.500 (Bird-Aircraft Strike Hazard Requirement) of this chapter is not deemed a hazardous use.

1. 1. 2. Hazardous uses may be allowed as a conditional use permit if the hearing examiner, after consulting with Fairchild AFB, finds that the proposed use will not create a hazard for military aircraft operations and the underlying zone allows the use. Except that heliports or helipads are not permitted. The hearing examiner may apply such reasonable conditions to the conditional use to assure that the hazardous use is compatible with Fairchild AFB. Examples of conditions are specified in SMC 17C.182.230.

1. 7. Accessory Uses.

Uses which are identified as a prohibited use as a stand-alone use by the underlying zone are not allowed as an accessory use to a permitted use. For example, where a daycare use is prohibited, it is not allowed as an accessory use to a permitted use such as an office.

1. 8. Non-residential Density.

For the purpose of this subsection the calculated density shall be no greater than one hundred eighty persons per individual acre after subtracting public rights-of-way. However, in consultation with Fairchild AFB officials, alternatives to this calculation may be allowed by the planning services director if it is deemed to be compatible to the mission of Fairchild AFB. For the purpose of this section, the terminology “consultation” shall mean written notification by the director to Fairchild AFB officials of a project proponent’s proposed alternative calculations and consideration by the director of any written comments received from Fairchild AFB officials within fifteen days of the officials’ receipt of notice of a proposed alternative. If the planning director receives no comment from Fairchild Air Force Base within the applicable comment period the department of building and planning shall presume that the calculated density shall be no greater than one hundred eighty persons per individual acre after subtracting the area of the public rights-of-way.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. The planning services department shall review applications for permitted uses for consistency with the applicable requirements of this chapter. The planning services director may require a detailed site development plan to include but not be limited to a written description and illustration of site development, specific placement of all site improvements, height of improvements and other site alterations concurrent with development. The information shall include sufficient detail to enable the hearing examiner, in regards to a conditional use permit, to determine that the proposal is compatible with current and future operations of Fairchild AFB and consistent with all requirements of this chapter.

2. The planning services director or hearing examiner may attach reasonable conditions to the approval of use as necessary to assure consistency with this chapter and compatibility with Fairchild AFB. Conditions may address but not be limited to the following:

1. 1. establishment of buffers;

1. 2. site specific building envelopes and placement;

1. 3. vegetation removal and limitations on vegetation heights;

1. 4. location and installation of utilities;

1. 5. post development management and operations;

1. 6. structural design;

1. 7. structural height, location and orientation;

1. 8. light and glare suppression;

1. 9. birdlife suppression;

1. 10. air emissions abatement;

1. 11. limitations on communication equipment;

1. 12. other reasonable conditions or safeguards that will uphold the purpose and intent of this chapter to protect Fairchild AFB consistent with comprehensive plan goals and policies; and

1. 13. sound attenuation.

3. The planning services director or hearing examiner may apply additional reasonable conditions based on recommendations of Fairchild AFB installation commander.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. No use shall be constructed or installed in the Military Influence Area 3/4 designation that would cause any one of the following circumstances:

1. 1. The use creates or causes interference with the operations of military communications or electronic facilities.

1. 2. The use makes it difficult for pilots to distinguish between airport lights and other lights.

1. 3. The use results in glare which impairs pilot vision.

1. 4. The use impairs pilot visibility in the vicinity of Fairchild AFB.

1. 5. The use endangers the landing, taking off, or maneuvering of aircraft.

1. 6. The use creates a wildlife attractant that, in the opinion of Fairchild AFB, could interfere with military operations.

1. 7. The use would create a fire accelerant or secondary explosion resulting from an aircraft crash in an accident potential zone.

1. 8. Permitted uses shall not create large areas of standing water which would be attractive to bird life or other wildlife which would conflict with Fairchild AFB operations.

1. 9. Any use which otherwise endangers incoming or outgoing aircraft or the maneuvering of aircraft in the vicinity of the base.

1. 10. Stormwater facilities located within MIA 3/4 shall be designed in compliance with the Washington State department of transportation Aviation Stormwater Design Manual - Best Management Practices.

1. 11. New buildings and structures proposed on a parcel where any portion of the parcel lies within a clear zone, APZ-I or APZ-II shall be situated on the side of the parcel farthest from Fairchild AFB runway centerline and extended runway centerline, provided that the placement is consistent with the setback requirements of the underlying zone.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Necessary military or aviation facilities, air navigation facilities, airport visual approach or aircraft arresting devices, meteorological devices, aviation industry related maintenance, military aviation training and education facilities approved by the Federal Aviation Administration (FAA) or the department of defense, for which the location and height is fixed by its functional purpose, are exempt from the provisions of the Fairchild overlay zone when permitted in the underlying zoning district, provided that the use will not penetrate the UFC 3-260-01 imaginary surfaces, attract wildlife that is hazardous to aviation, adversely impact Fairchild AFB operations, or create a safety impact as determined by the base commander.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

The Fairchild overlay zone serves as an overlay district that applies additional standards and requirements to properties located within the underlying zoning designations. Where a Fairchild overlay zone requirement overlaps or is in conflict with the underlying zone requirements, the most restrictive requirement applies.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Military Influence Area 3/4, as illustrated on the City of Spokane official zoning map, is hereby established as a substantial noise impact area. The noise impact area map is available for review in the planning services department. The map is the official reference map for the noise impact regulations in this section. The map illustrates the boundary of the noise impact area and includes the seventy and seventy-five Ldn sound contours and said boundary and contours are based on the sound impact calculation methodologies specified in Federal Aviation Administration, Code of Federal Regulations (CFR) part 150. The Ldn sound contours are based on sound generated from current and future deployment of strategic military aircraft.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. New Structures.
   The noise reduction level specified in SMC 17C.182.420 shall apply to all new residential structures to include manufactured homes and structures intended for congregate living which are located in MIA 3/4.
   
2. Exemptions.
   Garages, basements, utility rooms and accessory structures not occupied as a dwelling unit are exempt from the requirements of this section.
   
3. Reconstruction, Remodeling or Additions.
   The noise reduction standard specified in SMC 17C.182.420 shall apply to reconstruction, remodeling or additions or other improvements to existing structures types as described in subsection (A) above, when the value of the improvements equals or exceeds fifty percent of the value of the existing structure as specified by the Spokane County assessor exclusive of the underlying land value. The value of the proposed work shall be determined using the current valuation schedule published by the International Code Council in the Building Safety Journal. One or more licensed contractor estimates may also be used at the discretion of the building official. This requirement applies to a structure that has been damaged and is being restored to a condition approximating the characteristics of the structure before occurrence of damage.
   
4. Change of Use.
   Any change of use in the occupancy or use of a structure previously not occupied or approved as a dwelling unit to a use intended to serve as a living quarters shall comply with the noise reduction requirements of this section provided the requirements do not apply to any improvements specified in subsection (B) above relating to exemptions.
   
5. This section is not intended to abridge any safety or health requirements required under any other applicable codes or ordinances. This section is intended to be a companion to the adopted underlying zoning code requirements and further supersede those requirements where they are less restrictive that the requirements in this section. In the case of conflict between this chapter and any other applicable codes, the more restrictive requirements shall be met.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. All structures or portions thereof subject to this regulation as specified in SMC 17C.182.310 shall be constructed with sound reduction features and materials necessary to achieve a day/night average interior noise level of forty-five dB in accordance with Department of Navy Guidelines for Sound Insulation of Residences Exposed to Aircraft Operations.
   
2. The building permit application for a structure subject to this section shall include such additional information as deemed necessary specifying noise reduction features and materials necessary to achieve a day/night average interior sound level of forty-five dB. Information regarding sound reduction features and materials shall be prepared and certified by a Washington State registered engineer, architect or acoustical expert recognized by an acoustical design related association. The plans or revision to such plans shall be certified by the Washington State registered engineer, architect or acoustical expert as follows:

"The construction plans/documents submitted with building permit application______ provide the sound reduction materials and features are consistent with the Guidelines for Sound Insulation of Residences Exposed to Aircraft Operations Chapter as specified in chapter 17C.182 SMC Fairchild Overlay Zone Regulations”

3. All development subject to this noise reduction regulation shall have the noise reduction features and materials periodically inspected during the course of construction by the engineer, architect or acoustical expert who certified the building plans.
   
4. Upon completion of construction and prior to issuance of a certificate of occupancy, the sound reduction construction inspector shall submit to the planning services department a signed certification specifying that the required noise reduction features and materials have been completed/installed in substantial conformance with the approved construction documents. The certification shall be included in the building permit file in the planning services department.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

The proposed structure plans and specifications shall show in sufficient detail all pertinent data and features of the building and the equipment and systems, as herein governed, including, but not limited to, exterior envelope component materials, STC ratings of applicable component assemblies, R values of applicable insulation materials, size and type of apparatus and equipment, equipment and system controls, and other pertinent data as required by the building official to indicate conformance with the requirements herein.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

In order to carry out the purpose and intent of the Fairchild Air Installation Compatible Use Zone (AICUZ) Study and to restrict those land uses which may be hazardous to the operational safety of Fairchild AFB aircraft or threaten the safety of the occupants of the use, the following Accident Potential Zones (APZ) are hereby established and are illustrated on the official zoning map:

1. Clear Zone.
   The clear zone at each end at of the Fairchild AFB runway is three thousand feet wide (one thousand five hundred feet wide on each side of the runway centerline) by three thousand feet long extending from the runway threshold. Accident potential on or adjacent to the runway or within the clear zone is so high that the necessary land use restrictions would prohibit reasonable economic use of land. Proposed land uses in the clear zone shall be in accordance with Table 17C.182.410-1.
   
2. Accident Potential Zone (APZ) I.
   APZ-I is three thousand feet wide (one thousand five hundred feet wide on each side of the runway centerline) by five thousand feet long extending to eight thousand feet from the runway threshold. APZ-I begins at the outer boundary of the clear zone. Proposed land uses in APZ-I shall be in accordance with Table 17C.182.410-1.
   
3. Accident Potential Zone (APZ) II.
   APZ-II is three thousand feet wide (one thousand five hundred feet wide on each side of the runway centerline) by seven thousand feet long extending to fifteen thousand feet from the end of the runway threshold. APZ-II commences at the outer boundary of APZ-I. Proposed uses in APZ-II shall be in accordance with Table 17C.182.410-1.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Land uses permitted or prohibited in the clear zone, APZ-I and APZ-II zones are as specified in Table 17C.182.410-1 below. If Table 17C.182.410-1 specifies a use is not allowed, the use shall be deemed prohibited for the purposes of this chapter. If a permitted use conflicts with the requirements of the underlying zone the more restrictive requirements shall apply.

1. Permitted Uses (P).
   Uses permitted in the airfield overlay zones are listed in Table 17C.182.410-1 with a "P." These uses are allowed if they comply with these standards and other standards of this chapter and are permitted in the underlying zone. In locations where overlay zones overlap the proposed use must be permitted in every overlay zone that applies to the subject property or the use is not permitted.
   
2. Limited Uses (L).
   Uses permitted that are subject to limitations are listed in Table 17C.182.410-1 with an "L." These uses are allowed if they comply with the limitations as listed in the footnotes following the table and the development standards and other standards of this chapter and are permitted in the underlying zones. The paragraphs listed below contain the limitations and correspond with the bracketed [ ] footnote numbers from Table 17C.182.410-1.
   
3. Conditional Uses (CU).
   Uses that are allowed if approved through the conditional use review process are listed in Table 17C.182.410-1 with a "CU." These uses are allowed provided they comply with the conditional use approval criteria for that use, the development standards and other standards of this chapter and are permitted in the underlying zones. Uses listed with a "CU" that also have a footnote number in the table are subject to the standards cited in the footnote. The conditional use review process and approval criteria are stated in chapter 17C.320 SMC, Conditional Uses.
   
4. Uses Not Permitted (N).
   Uses listed in Table 17C.182.410-1 with an "N" are not permitted. Existing uses in categories listed as not permitted are subject to the standards of chapter 17C.210 SMC, Nonconforming Situations.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. Hazardous Uses.
   This regulation applies to all parts of Table 17C.182.410-1 that have a note [1]. Mining may be permitted in APZ-II, with type III conditional use permit if the hearing examiner, after consulting airport and Fairchild AFB personnel, finds that the proposed mining operation will not create a hazard for aviation operations.
   
2. Clear Zone.
   This regulation applies to all parts of Table 17C.182.410-1 that have a note [2]. No above-ground structures or utilities are permitted. Except that on lots existing prior to the adoption of this chapter, the minimal structures necessary to allow for reasonable and economically viable use of the property may be permitted when the director determines that the structure(s) would not threaten public health, safety, or welfare on or off the property. The inability to the applicants to derive an economically viable use shall not be the result of actions by the applicant in subdividing the property, adjusting boundary lines or other land use activity thereby creating the undevelopable conditions after the effective date of this chapter.
   
3. Low Intensity Uses.
   This regulation applies to all parts of Table 17C.182.410-1 that have a note [3]. Facilities shall not result in occupancy densities exceeding seventy-five persons per acre. Should an ownership include a multiple of acres, no single acre of the ownership shall be allowed to exceed the stated density limit. For example, each acre within an undivided ten acre ownership shall not be allowed to exceed the density limit.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. The planning services director shall review the proposal for consistency with applicable requirements of the Fairchild Overlay Zone (FOZ). The planning services director may require a detailed site development plan to include, but not be limited to, a written description and illustration of site development, specific placement of all site improvements and other site alterations concurrent with development. The information shall include sufficient detail to enable the planning services department to determine that the proposal is compatible with current and future operations of Fairchild AFB and consistent with all requirements of the FOZ.

2. After consulting with Fairchild AFB, the planning services director may attach reasonable conditions to the approval of permitted uses as necessary to assure consistency with this regulation and compatibility with Fairchild Air Force Base. Conditions may address, but not be limited to, the following:

1. 1. establishment of buffers;

1. 2. site specific building envelopes and placement;

1. 3. vegetation installation;

1. 4. location and installation of utilities;

1. 5. post development management and operations;

1. 6. structural materials and design;

1. 7. structure height, location and orientation;

1. 8. light and glare suppression;

1. 9. birdlife suppression;

1. 10. abatement of sight obscuring emissions; and

1. 11. other reasonable conditions or safeguards that will uphold the purpose and intent of this regulation to protect Fairchild Air Force Base consistent with comprehensive plan goals and policies.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. No use shall be developed or installed in the clear zone, APZ-I or APZ-II that would cause any one of the following circumstances:

1. 1. The use creates or causes interference with the operations of radio communications or electronic facilities at Fairchild AFB or between Fairchild AFB and airborne aircraft.

1. 2. The use makes it difficult for pilots to distinguish between airport lights and other lights.

1. 3. The use results in glare which impairs pilot vision.

1. 4. The use impairs pilot visibility in the vicinity of Fairchild AFB.

1. 5. The use endangers the landing, taking off, or maneuvering of aircraft.

1. 6. The use creates a bird attractant that, in the opinion of Fairchild AFB, could interfere with aircraft operations.

1. 7. The use would create a fire accelerant or secondary explosion resulting from an aircraft crash in an accident potential zone.

1. 8. Permitted uses shall not create large areas of standing water which could be airborne wildlife attractants.

1. 9. Any use which endangers incoming or outgoing aircraft or the maneuvering of aircraft in the vicinity of Fairchild AFB.

2. New buildings and structures located on vacant parcels created before the effective date of these regulations shall be situated on the side of the parcel farthest from the Fairchild AFB runway centerline, provided that the placement is consistent with the setback requirements of the underlying zone.

3. Stormwater facilities shall be designed in compliance with the Washington State department of transportation Aviation Stormwater Design Manual - Best Management Practices.

4. Utilities shall be sited underground to the greatest extent possible in the clear zone, APZ-I and APZ-II.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

This section applies to all uses allowed in the clear zone listed in Table 17C.182.410-1 as follows: On undeveloped lots existing prior to the adoption of this chapter, allowed structures shall be designed to be the minimum necessary to provide for a reasonable and economically viable use of the property necessary and that would not threaten public health, safety or welfare on or off the property or compromise in any manner the military mission of Fairchild AFB.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. Stormwater management facilities associated with development located in military influence areas 2 and 3/4 shall be designed in compliance with the Washington State department of transportation Aviation Stormwater Design Manual - Best Management Practices and as may be amended.
   
2. A project landscaping plan shall be provided to Fairchild AFB for comment, in accordance with the requirements of SMC 17C.182.600 where such landscaping plan is a required element of the development application as specified by SMC 17C.200.020. The planning services director or hearing examiner shall consider Fairchild AFB comment prior to taking action on the development application and may apply conditions of approval related to landscaping based on said comment. Required landscaping plans shall provide a detailed description of all species of trees and shrubs intended to be installed.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

The planning services department shall request comment from Fairchild AFB officials and may apply reasonable conditions of development approval based on written recommendations from Fairchild AFB. Fairchild AFB shall be given a minimum of fifteen days from notification to comment on a project application. If no comment from Fairchild AFB is received within the applicable comment period it is presumed that Fairchild AFB has no objections. The director may extend the comment period up to an additional thirty days based upon request for additional review time from Fairchild AFB. Development actions subject to this requirement include, but are not limited to, the following development proposals located within military influence areas 2 and 3/4:

1. Preliminary plat applications;
   
2. Preliminary short plat applications;
   
3. All projects proposing open water features;
   
4. Application for new commercial and industrial uses;
   
5. Public facility proposals deemed to have a potential impact on Fairchild AFB;
   
6. All development permits proposing structures exceeding thirty-five feet in height; or any lesser height otherwise deemed to have a potential impact on Fairchild AFB;
   
7. Any development proposal the planning services director deems appropriate for Fairchild AFB review; and
   
8. Environmental evaluation documents regarding projects located in MIA 3/4.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

1. Prior to issuance of certificate of occupancy for a new structure within MIA 2 and 3/4 the awarding of an avigation easement by the property owner(s) to Fairchild AFB shall be required and recorded in the Spokane County auditor’s office. The planning services department shall provide the avigation easement form and such form shall at a minimum provide that the landowner, successors and assigns will not construct structures, install exterior lighting, allow trees to penetrate FAA imaginary surfaces or construct or install improvements that interfere with Fairchild AFB aircraft operations and provide protection to Fairchild AFB against liability for any nuisance caused by aircraft operations due to noise impacts, fumes, vibrations affecting the use and enjoyment of the subject property and allow military aircraft to use the airspace over the subject property. The applicant shall provide the planning services department a copy of the easement agreement with auditor’s recording number indicated thereon and the copy shall be placed in the project file.
   
2. As a condition of preliminary approval of any subdivision, short subdivision or binding site plan located in MIA 2 or 3/4, an avigation easement in the form approved by the planning services department shall be recorded in the Spokane County auditor’s office prior to finalization of subdivision, short subdivision or binding site plan and the easement shall at a minimum provide that, that the landowner, successors and assigns will not construct structures, plant trees, install exterior lighting or any other development that might interfere with Fairchild AFB aircraft operations and provide protection to Fairchild AFB against liability for any nuisance caused by aircraft operations due to noise impacts, fumes, vibrations affecting the use and enjoyment of the subject property and allow military aircraft to use the airspace over the subject property and such easement applies in perpetuity to all property illustrated on the face of the final plat or short plat and as described in the required plat certificate. The wording of the avigation easement shall be acceptable to Fairchild AFB. The applicant shall provide the planning services department a copy of the easement agreement with the auditor’s recording number indicated thereon and the copy shall be filed in the project file.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Notification of Fairchild AFB aircraft activity notification shall be provided in MIA 2 and 3/4 as follows:

1. Building Permits.
   Prior to the issuance of a building permit for the construction or placement of any new structure intended for human occupancy or for any reconstruction, repair or improvement of an existing structure intended for human occupancy, the owner or applicant shall record a title notice in the Spokane County auditor’s office and the title notice shall state the following:

“This property is located in close proximity to Fairchild Air Force Base and is routinely subject to military aircraft overflight activity; occupants may experience inconvenience, annoyance, or discomfort from noise, smell or other effects of military aircraft activities.”

This requirement does not apply to structures located on an assessor tax parcel which is subject to a previously filed title notice meeting this requirement.

2. Land Use Actions.
   A title notice shall be recorded with the Spokane County auditor prior to final approval of a new subdivision, short subdivision, conditional use permit and binding site plan and the title notice shall state the following:

“This property is located in close proximity to Fairchild Air Force Base and is routinely subject to military aircraft overflight activity; occupants may experience inconvenience, annoyance, or discomfort from noise, smell or other effects of military aircraft activities.”

This language may also be set forth on the face of the final plat or binding site plan.

3. The title notice required in subsections (A) and (B) above shall specify the assessor's tax parcel number and parcel address and a copy of the recorded notice shall be provided to the planning services department for inclusion in the project file.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Owners of residential rental or lease housing located in military influence areas 2 and 3/4 shall provide written notice to the renter or lessee specifying that the property is located in close proximity to Fairchild AFB and is routinely subject to overflights by military aircraft; residents may experience inconvenience, annoyance, or discomfort from noise, smell or other effects of aircraft activities. The renter or lessee shall sign the notice acknowledging its contents prior to signing the lease agreement.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1

Necessary aviation facilities supporting Fairchild AFB operations and Spokane International Airport (SIA) operations such as, but not limited to, air navigation facilities, aircraft visual approach or aircraft arresting devices, meteorological devices, aviation industry related maintenance, aviation training and education facilities approved by the Federal Aviation Administration (FAA) or the department of defense, for which the location and height is fixed by its functional purpose are exempt from the provisions of the Fairchild overlay zones when permitted in the underlying zoning district, provided that the use will not penetrate UFC 3-260-01 Military Imaginary Surfaces or Federal Aviation Regulations (FAR) part 77 Imaginary Surfaces, attract wildlife that is hazardous to aviation, adversely impact Fairchild AFB or SIA operations, or create a safety impact as determined by the base commander.

Date Passed: Monday, April 30, 2012

Effective Date: Saturday, June 16, 2012

ORD C34852 Section 1