A. Vested Rights. The permitted land uses and conditional land uses identified in Exhibit “E” are entitled to and vested on the aeronautical area of the property and shall be subject only to those rules, requirements and mitigation set forth in this chapter; provided, however that any structure shall be subject to the applicable building code requirements. The uses allowed in the aeronautical area are not limited by dimension or location, except as required by any setback, buffer, or height limitations set forth herein. The port shall, in its sole discretion, subject to these limitations, have full discretion without any requirement of further mitigation or condition, to configure the layout of structures for such uses as it determines.

B. Conditional Uses. The port or its tenants shall follow the process set forth in the Anacortes Municipal Code (AMC) Chapter 17.10 et seq., to seek a conditional use.

C. Variances. Nothing herein shall limit or prohibit the port or its tenants from seeking a variance from any of these standards pursuant to the variance criteria set forth in the AMC Chapter 19.38, and the processes set forth in AMC Chapter 19.20.

D. Open Space Requirements. For the purposes of calculating the buildable area as required for land development authorized by this chapter, the requirements set forth in the AMC Section 17.80.080 (open space requirement), shall apply. In satisfying these open space requirements, the port may allocate any portion of the Panhandle Reserve or Rockwell Reserve Areas to any portion of property within the aeronautical area in its discretion in order to meet the open space requirements of this section.

E. Anticipated Development Phasing. Exhibit “G” depicts three development areas within the aeronautical area. The port anticipates that it will conduct development in accordance with the three development areas starting with Area 1, then Area 2 and then Area 3. However, nothing herein shall preclude the port from deviating from the development phasing described herein, or redeveloping existing developed areas of the aeronautical area to comply with FAA regulations or meet the needs of those seeking property for aeronautical development. The port, in its own discretion and without obligation, may further review and mitigate any impacts from development of these areas, regardless of their significance.

F. Areas Outside the Development Phasing Areas. Nothing herein precludes the port, subject to the limitations and conditions in this chapter and applicable wetland regulations, from (i) clearing any area within the aeronautical area or (ii) using any property within the aeronautical area for development. (Ord. 2992 § 1 (Att. A), 2016; Ord. 2794 § 1 (Att. A), 2008; Ord. 2696 § 2, 2005)