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Ordinance 2366MAE:jt 5/17/83 ORDINANCE N0. 2366 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ADDING A NEW CHAPTER 4.80 TO THE EDMONDS CITY CODE REGULATING AIRCRAFT LANDINGS IN THE CITY OF EDMONDS; ADDING A NEW SECTION 4.80.010 PROVIDING DEFINITIONS; ADDING A NEW SECTION 4.80.020 PROHIBITING CERTAIN AIRCRAFT LANDINGS AND REQUIRING PER- MITS FOR CERTAIN OTHER AIRCRAFT LANDINGS; ADDING A NEW SECTION 4.80.030 AUTHORIZING THE ISSUANCE OF AIRCRAFT LANDING PERMITS; ADDING A NEW SECTION 4.80.040 REGARDING AIRCRAFT LANDING PERMIT APPLICATIONS AND DOCUMENTA- TION; ADDING A NEW SECTION 4.80.050 PROVIDING FOR REVOCATION OF AIRCRAFT LANDING PERMITS; PROVIDING PENALTIES; AMENDING SECTION 16.50.010(D) OF THE COMMUNITY DEVELOPMENT CODE REGARDING AIRCRAFT LANDINGS IN BC ZONES; ADDING A NEW SECTION 16.55.010(C) TO THE COMMUNITY DEVELOPMENT CODE REGARDING AIRCRAFT LANDINGS IN CW ZONES; AND AMENDING SECTION 16.60.010(C) OF THE COMMUNITY DEVELOPMENT CODE REGARDING AIRCRAFT LANDINGS IN CG ZONES. WHEREAS, the Edmonds City Council finds that it is in the interest of the public health, safety and welfare to regulate aircraft landings within the City of Edmonds by prohibiting such landing in all zoning districts other than commercial districts and by requiring permits for any such aircraft landings, now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 4.80 is hereby added to the Edmonds City Code to be entitled "Aircraft Landing Permits". Section 2. A new section 4.80.010 is hereby added to read as follows: 4.80.010 DEFINITIONS A. Aircraft. Any contrivance now known, or hereafter invented, used or designed for manned navigation of or manned flight in the air, including but not limited to, airplanes, helicopters or balloons. B. Aircraft Landing. Any maneuver by an aircraft which causes any part of such aircraft to contact the ground or any structure on the ground, or to come within proximity of the ground or any such structure. Section 3. A new section 4.80.020 is hereby added to read as follows: 4.80.020 AIRCRAFT LANDINGS UNLAWFUL WITHOUT PERMIT It shall be unlawful for any person to land, or permit to land, an aircraft in the City of Edmonds except occasionally in the following zoning districts and only when an aircraft landing permit has been issued in advance of such landing: General Commercial (CG), Commercial Waterfront (CW), or Commercial Business (BC). Emergency, rescue, fire, law enforcement, hospital and military operations are exempt from the requirements of this section. Section 4. A new section 4.80.030 is hereby added to read as follows: 4.80.030 PERMIT ISSUANCE The City Clerk or designee is authorized to issue, issue with conditions, or deny aircraft landing permits after circula- ting an application and receiving recommendations from the Police, Fire, Public Works, Planning Departments and any other concerned department. Permits shall be issued or issued with conditions only if the proposed landing will pose no substantial threat to the health, safety or welfare of the surrounding community, otherwise permits shall not issue. Only occasional, infrequent aircraft landings may be authorized; frequent, regular, scheduled aircraft landings such as at an airport, heliport or helispot, are not to be permitted. - 2 - r Section 5. A new section 4.80.040 is hereby added to read as follows: 4.80.040 PERMIT APPLICATION AND DOCUMENTS A. Applications for aircraft landing permits shall be accom- panied by a fee for administrative expenses in the amount of $50.00 , shall be on forms provided by the City Clerk, and shall contain the following information: 1. Name, address, telephone number of applicant. 2. Description of aircraft involved specifying type, manufacturer, dimensions, gross weight with fuel, type of fuel, passenger capacity, cargo weight limits, FAA license registration number, and minimum area required for landing and take off. 3. Purpose for landing. 4. Site of landing including name, address and telephone number of property owner(s). 5. Time of landing or landings. 6. Weather conditions that would make a landing unsafe. 7. Proposed safety precautions on site. 8. Ground facilities that will be required for refueling, maintenance, servicing, loading or unload- ing, and any other appurtenance necessary on the ground for such landing. 9. Experience of pilot or operator and license number if applicable. B. The applicant shall provide the following documents: 1. Hold harmless agreement for the benefit of the city signed by the person responsible for such landing. 2. Permission to land signed by the person with legal possession of the land, whether landowner or tenant, if such person is not the applicant. - 3 - 1. 1 Section 6. A new section 4.80.050 is hereby added to read as follows: 4.80.050 PERMIT REVOCATION The Mayor, Fire Chief or Police Chief, or their designees, are authorized to revoke any permit issued pursuant to this chapter if there is probable cause to believe that the air- craft landing is not or will not be carried out in the manner prescribed by the permit, or the aircraft landing will pose a substantial threat to the public health, safety or welfare. The applicant shall be notified promptly of the permit revocation. A decision to issue or deny a permit may be appealed to the City Council provided the aggrieved party files a written appeal with the City Clerk within ten days of the date of the permit decision. Section 7. The violation of any section of this ordinance shall constitute a misdemeanor and be punished as provided in Section 5.45.020 of the Edmonds City Code. Section 8. Section 16.50.010(D) of the Community Development Code is hereby amended to read as follows: D. Secondary Uses Requiring Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use. 2. Aircraft landings as regulated by Chapter 4.80 of the City Code. Section 9. A new Section 16.55.010(C) is hereby added to the Community Development Code to read as follows: C. Secondary Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 of the City Code. Section 10. Section 16.60.010(C) of the Community Development Code is hereby amended to read as follows: - 4 - C. Uses Requiring Conditional Use Permit. 1. Outdoor operations, excluding incidental parking and loading. 2. Outdoor storage. 3. Aircraft landings as regulated by Chapter 4.80 of the City Code. Section 11. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 12. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVE : r '- 3 �, �A/, -Zrl7j,, V, MAYOR, H. H. HARRISON ATTEST/AJU%THENTICATED : "�A Ix CITY CLERK, IRNE VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY TORNEY: FILED WITH THE CITY CLERK: May 17, 1983 PASSED BY THE CITY COUNCIL: May 24, 1983 POSTED: May 25, 1983 EFFECTIVE DATE: May 30, 1983 — 5 — AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 25 day of MAY , 1983, affiant posted true and correct copies of the attached Ordinance No. 2366 , passed by the City Council on the 24 day of MAY , 19_aa, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 25 day of MAY , 1983 . ,A e-11 SUBSCRIBED AND SWORN to before me this d y of to y Public in and for the State f Washington, residing at .