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EVERETT 2044 <br />DEVELOPMENT REGULATIONS <br /> <br /> <br />6/17/2025 <br />DEVELOPMENT REGULATIONS <br />Page 179 <br />19.17.060 FEDERAL AVIATION ADMINISTRATION REVIEW. 1 <br />Repealed by Ord. 3774-20. 2 <br />19.17.070 USES AND DEVELOPMENT APPROVALS WITHIN THE AIRPORT COMPATIBILITY 3 <br />AREA. 4 <br />A. Permitted Uses and Development Actfvitfes. All propertfes located within the airport compatfbility 5 <br />area (ACA) shall be permitted to have the same uses as permitted in the underlying zoning district 6 <br />subject to the requirements of the underlying use zone and the requirements of this chapter. 7 <br />B. Approvals of all uses and development actfvitfes within an ACA shall be subject to the following 8 <br />requirements: 9 <br />1. Runway Protectfon Zone. The proposal will not locate the storage of explosives, hazardous 10 <br />waste, fuel, gas or petroleum, or other hazardous materials within the runway protectfon zone 11 <br />set forth in Map 17-1 and the Paine Field Airport Master Plan. 12 <br />2. Structure Height Limitatfons. 13 <br />a. No structure, including any rooftop appurtenance and constructfon-related 14 <br />equipment (e.g., cranes), shall be erected, altered, or maintained that will penetrate or 15 <br />interfere in any way with the airport’s airspace plan as set forth in the Paine Field Airport 16 <br />Master Plan or that allowed in accordance with the adopted 14 CFR Part 77, Federal 17 <br />Aviatfon Administratfon (FAA) Regulatfons. Penetratfon of any airport surface as defined 18 <br />in 14 CFR Part 77 may only be allowed if explicitly authorized by the FAA. 19 <br />b. An applicant for a permit or approval is responsible for researching 14 CFR Part 77 to 20 <br />determine whether notfficatfon is required, regardless of whether the property that is 21 <br />the subject of the applicatfon is within or outside of the airport compatfbility area (ACA). 22 <br />Nothing in this chapter shall diminish the responsibility of the project proponents to 23 <br />submit FAA Form 7460-1, “Notfce of Proposed Constructfon or Alteratfon” to the FAA if 24 <br />required by 14 CFR Part 77. 25 <br />3. Permit applicatfons for uses proposed within an ACA shall provide informatfon showing 26 <br />proximity to airport runways, approach areas, and transitfonal areas. Applicatfon materials 27 <br />should be of sufficient detail to determine that the proposal is compatfble with airport 28 <br />operatfons and consistent with all requirements of this chapter. 29 <br />4. In additfon to any notfce requirements for the proposed use or underlying use zone, the city 30 <br />shall provide notfce of new development actfvitfes with ten thousand square feet of gross floor 31 <br />area or greater, or any development with a building or structure that is taller than thirty feet 32 <br />within the airport compatfbility area, to the Paine Field airport manager and shall allow the 33 <br />airport manager to submit comments to the department regarding the proposal, including those 34 <br />related to potentfal adverse impacts on airport operatfons and FAA standards. 35 <br />C. The city may deny, approve, or approve with conditfons an applicatfon for a development permit or 36 <br />approval within an ACA. The applicatfon shall be approved only if the proposal will not require a change 37 <br />in airport operatfons or flight patterns, including but not limited to adverse impacts due to 38