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A. Permitted Uses.

1. Airport operational facilities, fueling facilities, hangars, airport terminal facilities, fencing structures up to eight feet, and buffers. In addition, any light manufacturing use or uses involving processing or storage of goods, provided the processes or equipment employed, or goods stored, processed, or sold must be limited to those uses which are not objectionable by reason of hazards, odor, dust, smoke, cinders, fumes, noise, vibration, glare, refuse matter, or water-carried waste.

2. “Aeronautical use,” which is defined as and must mean those uses such as (a) aircraft hangars, (b) aircraft tie-downs, (c) aircraft parking areas, taxi areas, and maneuver areas, (d) aircraft storage, (e) light manufacturing, as defined in the Anacortes zoning code, provided such individual facilities do not exceed 12,500 square feet of gross floor area, (f) aircraft related businesses, (g) office use, bathrooms, parking, and other such uses in support of the aeronautical uses; provided, that any of the structures that may house any of the foregoing uses must not exceed 35 feet in height, and, in addition, (h) maintenance of any of the foregoing uses and related facilities and improvements, including paved areas, drainage ways, etc. This term must not include any living or sleeping quarters except as allowed per subsection (C)(2) of this section. All aeronautical uses must be a permitted use within the aeronautical area (as the term is defined in the development agreement) without further mitigation or approval, except as may be specified in the development agreement.

3. Removal of any obstruction for compliance with FAR Part 77 requirements.

4. Aircraft operations on the ground and in the air, including takeoff, landing, flight patterns, air traffic corridors, volume of air traffic, altitudes of air traffic, flight schedules, types, sizes and purposes of aircraft and related issues. Such uses must not be subject to any city mitigation requirements, notwithstanding any other provisions of this code.

5. Other than the port’s perimeter fence and operational safety fence, to be located as shown on Exhibit “A” of the development agreement, and the removal of FAR Part 77 obstructions, as shown on Exhibit “C” of the development agreement, there must be no permitted uses allowed within the Anacopper Future Process Area, except through the conditional use process, until after completion of the planning process for that area. The construction of the fences and the FAR Part 77 obstruction removals in the Anacopper Future Process Area must be subject to the landscaping and wetland mitigation contained in the development agreement, or plans approved by the city.

B. Accessory Uses. Any use customarily incidental to the permitted principal use. No residential use is permitted, except for caretaker quarters through the conditional use process.

C. Conditional Uses.

1. Buildings and structures between 35 and 50 feet in height; caretaker units.

2. Overnight facilities for use by pilots.

3. Restaurants.

4. Light manufacturing exceeding 12,500 square feet of gross floor area per use.

5. Any building or structure excluded from being located within the Rockwell Reserve and Panhandle Reserve areas; provided, that the city may deny such permit if the criteria for a conditional use permit are not met.

6. Within the Anacopper Future Process Area, as defined in the development agreement, any use that is listed as a permitted use within the aeronautical area as defined in the development agreement must be a conditionally permitted use within the Anacopper Future Process Area, subject to the imposition of reasonable mitigation and compliance with wetland regulations.

7. Within the North Aviation Area, as defined in the development agreement, any use (other than ongoing airport operations) that is listed as a permitted use within the aeronautical area as defined in the development agreement must be a conditionally permitted use within the North Aviation Area.

D. Special Requirements.

1. For uses other than aeronautical uses (aircraft operations, repair and related activities), odor, dust, smoke, cinders, fumes, noise, vibration or light must be investigated by the city based on a complaint or when detected by appropriate and certified test equipment approved by the city and the port when operated by a technician certified to use such equipment located in an adjacent residential zone.

2. Any uses that are legally permitted by the city and specifically allowed by the airport sponsor on the date of the adoption of this zoning, which become nonconforming uses upon adoption of this chapter, must be “grandfathered” until such time as the use is abandoned by the operator. Any nonconforming structure must be “grandfathered” until such time as the structure is abandoned by the owner of the structure or that such structure is destroyed by fire, storm, or “act of God” (more than 75 percent of the occupied space of the structure is no longer capable of reoccupancy for the use and purpose prior to the act causing the destruction) and is not repaired within one year of destruction. Any destruction of a structure that is proximately caused as a result of any act that would be considered a crime, such as arson, malicious mischief, or other crimes, must not be considered destroyed for these purposes, unless such structure is not repaired or replaced within two years of destruction. Upon any of those such occurrences that cause the use and/or structure to no longer be of legal nonconforming use, the use must no longer be allowed and any such structure must be brought into conformity with this chapter, including compliance with the requirements of any applicable development agreement; or if no such agreement is applicable, then the then-published setbacks and all other limitations, except that runways, taxiways, navigational aids and lighting must not become nonconforming under any circumstance other than through changes to FAR regulations.

3. All development at the Anacortes Airport is subject to all applicable impact fees and general facility charges at the time of building permit issuance.

4. Fences. Because of the special security needs to prevent accidents to children, pedestrians, pilots, passengers, and animals, fencing of types and at locations as required by FAA regulations, or as determined necessary by the port, is authorized subject to mitigation as required in the development agreement.

5. Landscaping. Due to establishment of the Rockwell Reserve and Panhandle Reserve areas as defined in the development agreement, landscaping must not be mandatory or required within the aeronautical area of the development agreement. The City Planning Director must allow for the removal of loose debris, including trash, leaves, twigs, and other foreign objects which are prone to being spread by the wind, without mitigation. All landscaping within the subarea must be required to be designed to minimize hazards. It is the intent of this section to allow the port significant flexibility in complying with city landscaping requirements.

E. Cumulative Impact. The cumulative impact of development of the property within the subarea must be reviewed through the SEPA processes related to such development. This SEPA review process may be phased, focusing only on one developable area at a time, deferring areas identified as future process areas to later SEPA review. (Ord. 3040 § 2 (Att. A), 2019)