18.56.050 Notice of land use, permit applications and overlay zone boundary or surface changes within overlay zone area.
Except as otherwise provided herein, written notice of applications for land use or limited land use decisions, including comprehensive plan or zoning amendments, in an area within this overlay zone, shall be provided to the airport sponsor and the Department of Aviation in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications.
(1) Notice shall be provided to the airport sponsor and the Department of Aviation when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 10,000 feet of the sides or ends of a runway.
(2) Notice of land use and limited land use applications shall be provided within the following timelines:
(a) Notice of land use or limited land use applications involving public hearings shall be provided prior to the public hearing at the same time that written notice of such applications is provided to property owners entitled to such notice.
(b) Notice of land use or limited land use applications not involving public hearings shall be provided at least 20 days prior to entry of the initial decision on the land use or limited land use application.
(3) Notice of the decision on a land use or limited land use application shall be provided to the airport sponsor and the Department of Aviation within the same timelines that such notice is provided to parties to land use or limited land use proceeding.
(4) Notices required under subsections (1) through (3) of this section need not be provided to the airport sponsor or the Department of Aviation where the land use or limited land use application meets all of the following criteria:
(a) Would only allow structures of less than 35 feet in height;
(b) Involves property located entirely outside the approach surface;
(c) Does not involve industrial, mining or similar uses that emit smoke, dust or steam; sanitary landfills or water impoundments; or radio, radiotelephone, television or similar transmission facilities or electrical transmission lines; and
(d) Does not involve wetland mitigation, enhancement, restoration or creation.
(5) Changes that affect the overlay zone boundaries or surfaces defined by this rule, which are proposed by the airport, shall be subject to city of North Bend review, modification and approval as part of the planning process outlined in this rule. Written notice of proposed changes that affect the overlay zone boundaries or surfaces shall be provided to the city of North Bend by the airport in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications. (Ord. 1952 § 1(4), 2006)